As Reported by the House Finance and Appropriations Committee 1
122nd General Assembly 4
Regular Session Sub. H.B. No. 408 5
1997-1998 6
REPRESENTATIVES LAWRENCE-JOHNSON-CATES-THOMAS-VESPER-O'BRIEN-CORE 8
METZGER-CAREY-AMSTUTZ-MEAD-FOX 9
11
A B I L L
To amend sections 117.45, 124.26, 124.30, 125.13, 13
127.16, 176.05, 302.18, 307.01, 307.12, 307.441, 14
307.851, 319.16, 329.03, 329.04, 329.043, 329.05, 15
329.051, 329.06, 329.09, 2151.011, 2151.10, 16
2151.31, 2151.421, 2301.03, 2301.35, 2301.351, 17
2301.357, 2301.36, 2301.37, 2301.372, 2329.66, 18
2715.041, 2715.045, 2716.13, 2901.30, 2921.13, 19
2951.02, 3101.01, 3107.01, 3109.051, 3111.09,
3111.20, 3111.23, 3113.06, 3113.07, 3113.21, 21
3113.215, 3113.216, 3113.217, 3113.218, 3115.24,
3301.0719, 3313.64, 3317.023, 3317.10, 3317.14, 23
3701.503, 3727.17, 4115.04, 4117.01, 4123.27, 24
4141.16, 4141.162, 4141.163, 4141.28, 5101.02,
5101.06, 5101.07, 5101.071, 5101.10, 5101.14, 26
5101.141, 5101.15, 5101.16, 5101.161, 5101.18, 27
5101.181, 5101.183, 5101.31, 5101.323, 5101.35, 28
5101.36, 5101.37, 5101.46, 5101.54, 5101.544, 29
5101.58, 5101.59, 5101.82, 5101.83, 5101.91, 30
5101.92, 5101.93, 5101.97, 5101.99, 5103.02, 31
5103.154, 5104.01, 5104.011, 5104.03, 5104.04, 32
5104.081, 5104.11, 5104.30, 5104.31, 5104.32,
5104.34, 5104.38, 5104.39, 5104.42, 5107.01, 33
5107.02, 5107.031, 5107.04, 5107.041, 5107.05, 34
5107.07, 5107.071, 5107.10, 5107.12, 5107.13,
5107.15, 5107.18, 5107.19, 5107.21, 5107.22, 35
5107.23, 5107.24, 5107.25, 5107.26, 5107.30, 36
5107.31, 5107.32, 5111.01, 5111.013, 5111.017, 37
2
5111.023, 5111.09, 5115.01, 5115.03, 5115.05, 38
5119.22, 5119.65, 5119.68, 5122.39, 5123.93, 39
5139.18, 5153.01, 5153.08, 5153.09, 5153.091, 40
5153.10, 5153.11, 5153.111, 5153.12, 5153.13, 41
5153.131, 5153.14, 5153.16, 5153.161, 5153.162,
5153.163, 5153.164, 5153.165, 5153.17, 5153.18, 42
5153.19, 5153.20, 5153.21, 5153.22, 5153.23, 43
5153.25, 5153.26, 5153.27, 5153.28, 5153.29, 44
5153.30, 5153.31, 5153.32, 5153.33, 5153.34, 45
5153.35, 5153.36, 5153.49, 5153.53, 5502.13,
5709.64, and 5709.66; to amend for the purposes 46
of adopting new section numbers as indicated in 47
parentheses 5101.82 (5107.52), 5101.83 (5107.54),
5101.91 (5107.68), 5101.92 (5107.66), 5107.01 49
(5107.02), 5107.02 (5107.10), 5107.031 (5107.29),
5107.04 (5107.76), 5107.041 (5107.17), 5107.05 50
(5107.15), 5107.07 (5107.25), 5107.071 (5107.27), 51
5107.10 (5107.72), 5107.12 (5107.75), 5107.13 52
(5107.77), 5107.15 (329.022), 5107.18 (5107.35), 53
5107.19 (5107.351), 5107.21 (5107.352), 5107.22
(5107.353), 5107.23 (5107.354), 5107.24 54
(5107.355), 5107.25 (5107.356), 5107.26 55
(5107.357), 5107.30 (5107.33), 5107.32 (5107.20), 56
5153.08 (5153.03), 5153.09 (5153.04), and
5153.091 (5153.05); to revive and amend section 58
5101.323; to enact new sections 5107.01, 5107.03, 59
5107.04, 5107.06, 5107.11, 5107.13, 5107.21,
5107.23, and 5153.02, and sections 307.98, 62
307.981, 307.982, 307.983, 307.984, 307.985,
307.986, 3319.089, 5101.21, 5101.211, 5101.212, 64
5101.22, 5101.23, 5101.24, 5101.25, 5101.26, 66
5101.27, 5101.28, 5101.29, 5101.30, 5104.13,
5104.301, 5107.40, 5107.41, 5107.42, 5107.43, 67
5107.44, 5107.50, 5107.541, 5107.58, 5107.60, 68
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5107.62, 5107.64, 5107.65, 5107.67, 5107.70, 69
5107.71, 5107.78, and 5111.113; and to repeal
sections 329.041, 329.07, 329.99, 4141.043, 71
5101.09, 5101.461, 5101.462, 5101.463, 5101.464,
5101.57, 5101.80, 5101.81, 5101.84, 5101.841, 72
5101.842, 5101.85, 5101.86, 5101.87, 5101.88, 73
5101.881, 5101.89, 5101.90, 5101.94, 5101.95,
5101.98, 5107.011, 5107.03, 5107.032, 5107.033, 74
5107.034, 5107.06, 5107.08, 5107.09, 5107.11, 75
5107.14, 5107.151, 5107.16, 5107.17, 5107.20, 76
5107.33, 5107.34, 5107.99, 5111.014, 5115.18,
5153.02, 5153.03, 5153.04, 5153.05, 5153.06, and 78
5153.07 of the Revised Code to abolish the Aid to 80
Dependent Children and the Job Opportunities and 81
Basic Skills Training Programs, create the Ohio 82
Works First Program, to revise the law governing
the Disability Assistance Program, Food Stamp 83
Program, Title XX social services, day care, 85
confidentiality of public assistance records, and
administration of human services, children 86
services, and child support enforcement. 87
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 89
Section 1. That sections 117.45, 124.26, 124.30, 125.13, 91
127.16, 176.05, 302.18, 307.01, 307.12, 307.441, 307.851, 319.16, 92
329.03, 329.04, 329.043, 329.05, 329.051, 329.06, 329.09, 94
2151.011, 2151.10, 2151.31, 2151.421, 2301.03, 2301.35, 2301.351, 95
2301.357, 2301.36, 2301.37, 2301.372, 2329.66, 2715.041, 96
2715.045, 2716.13, 2901.30, 2921.13, 2951.02, 3101.01, 3107.01, 97
3109.051, 3111.09, 3111.20, 3111.23, 3113.06, 3113.07, 3113.21, 99
3113.215, 3113.216, 3113.217, 3113.218, 3115.24, 3301.0719,
3313.64, 3317.023, 3317.10, 3317.14, 3701.503, 3727.17, 4115.04, 102
4117.01, 4123.27, 4141.16, 4141.162, 4141.163, 4141.28, 5101.02,
5101.06, 5101.07, 5101.071, 5101.10, 5101.14, 5101.141, 5101.15, 104
4
5101.16, 5101.161, 5101.18, 5101.181, 5101.183, 5101.31, 105
5101.323, 5101.35, 5101.36, 5101.37, 5101.46, 5101.54, 5101.544, 107
5101.58, 5101.59, 5101.82, 5101.83, 5101.91, 5101.92, 5101.93, 108
5101.97, 5101.99, 5103.02, 5103.154, 5104.01, 5104.011, 5104.03, 109
5104.04, 5104.081, 5104.11, 5104.30, 5104.31, 5104.32, 5104.34, 110
5104.38, 5104.39, 5104.42, 5107.01, 5107.02, 5107.031, 5107.04, 111
5107.041, 5107.05, 5107.07, 5107.071, 5107.10, 5107.12, 5107.13, 112
5107.15, 5107.18, 5107.19, 5107.21, 5107.22, 5107.23, 5107.24, 113
5107.25, 5107.26, 5107.30, 5107.31, 5107.32, 5111.01, 5111.013, 115
5111.017, 5111.023, 5111.09, 5115.01, 5115.03, 5115.05, 5119.22, 116
5119.65, 5119.68, 5122.39, 5123.93, 5139.18, 5153.01, 5153.08, 118
5153.09, 5153.091, 5153.10, 5153.11, 5153.111, 5153.12, 5153.13, 119
5153.131, 5153.14, 5153.16, 5153.161, 5153.162, 5153.163, 120
5153.164, 5153.165, 5153.17, 5153.18, 5153.19, 5153.20, 5153.21, 121
5153.22, 5153.23, 5153.25, 5153.26, 5153.27, 5153.28, 5153.29, 122
5153.30, 5153.31, 5153.32, 5153.33, 5153.34, 5153.35, 5153.36, 123
5153.49, 5153.53, 5502.13, 5709.64, and 5709.66 be amended; 124
sections 5101.82 (5107.52), 5101.83 (5107.54), 5101.91 (5107.68), 125
5101.92 (5107.66), 5107.01 (5107.02), 5107.02 (5107.10), 5107.031 126
(5107.29), 5107.04 (5107.76), 5107.041 (5107.17), 5107.05 127
(5107.15), 5107.07 (5107.25), 5107.071 (5107.27), 5107.10 128
(5107.72), 5107.12 (5107.75), 5107.13 (5107.77), 5107.15
(329.022), 5107.18 (5107.35), 5107.19 (5107.351), 5107.21 130
(5107.352), 5107.22 (5107.353), 5107.23 (5107.354), 5107.24 131
(5107.355), 5107.25 (5107.356), 5107.26 (5107.357), 5107.30 132
(5107.33), 5107.32 (5107.20), 5153.08 (5153.03), 5153.09
(5153.04), and 5153.091 (5153.05) be amended for the purpose of 134
adopting a new section number as indicated in parentheses; 135
section 5101.323 be revived and amended; and new sections 136
5107.01, 5107.03, 5107.04, 5107.06, 5107.11, 5107.13, 5107.21,
5107.23, and 5153.02, and sections 307.98, 307.981, 307.982, 139
307.983, 307.984, 307.985, 307.986, 3319.089, 5101.21, 5101.211, 141
5101.212, 5101.22, 5101.23, 5101.24, 5101.25, 5101.26, 5101.27, 143
5101.28, 5101.29, 5101.30, 5104.13, 5104.301, 5107.40, 5107.41, 144
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5107.42, 5107.43, 5107.44, 5107.50, 5107.541, 5107.58, 5107.60, 145
5107.62, 5107.64, 5107.65, 5107.67, 5107.70, 5107.71, 5107.78, 146
and 5111.113 of the Revised Code be enacted to read as follows: 149
Sec. 117.45. (A) The auditor of state shall draw warrants 158
against the treasurer of state pursuant to all requests for 159
payment that the director of budget and management has approved 160
under section 126.07 of the Revised Code. 161
(B) Unless the director of human services has provided for 163
the making of payments by electronic benefit transfer, if a 164
financial institution and account have been designated by the 165
PARTICIPANT OR recipient, payment by the auditor of state to a 166
recipient PARTICIPANT of aid to dependent children THE WORK 168
COMPONENT OF THE OHIO WORKS FIRST PROGRAM pursuant to Chapter 169
5107. of the Revised Code or A RECIPIENT OF disability assistance 171
pursuant to Chapter 5115. of the Revised Code shall be made by 172
direct deposit to the account of the PARTICIPANT OR recipient in 173
the financial institution. Payment by the auditor of state to a 175
recipient of public assistance pursuant to section 5101.33 of the 176
Revised Code shall be by electronic benefit transfer payment. 177
PAYMENT by the auditor of state as compensation to an employee of 179
the state who has, pursuant to section 124.151 of the Revised 180
Code, designated a financial institution and account for the 181
direct deposit of such payments shall be made by direct deposit 182
to the account of the employee. Payment to any other payee who 183
has designated a financial institution and account for the direct 184
deposit of such payment may be made by direct deposit to the 185
account of the payee in the financial institution as provided in 186
section 9.37 of the Revised Code. The auditor of state shall 187
contract with an authorized financial institution for the 188
services necessary to make direct deposits or electronic benefit 189
transfers under this division and draw lump sum warrants payable 190
to that institution in the amount to be transferred. Accounts 191
maintained by the auditor of state or his THE AUDITOR OF STATE'S 192
agent in a financial institution for the purpose of effectuating 193
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payment by direct deposit or electronic benefit transfer shall be 194
maintained in accordance with section 135.18 of the Revised Code. 195
(C) All other payments from the state treasury shall be 197
made by paper warrants payable to the respective payees. The 198
auditor of state may mail the paper warrants to the respective 199
payees or distribute them through other state agencies, whichever 200
he THE AUDITOR OF STATE determines to be the better procedure. 201
(D) If the average per transaction cost the auditor of 203
state incurs in making direct deposits for a state agency exceeds 204
the average per transaction cost he THE AUDITOR OF STATE incurs 205
in drawing paper warrants for all public offices during the same 207
period of time, he THE AUDITOR OF STATE may certify the 208
difference in cost and the number of direct deposits for the 210
agency to the director of administrative services. The director 211
shall reimburse the auditor of state for such additional costs 212
and add the amount to the processing charge assessed upon the 213
state agency.
Sec. 124.26. (A) Except as provided in divisions (B) and 222
(C) of this section, from the returns of the examinations the 223
director of administrative services shall prepare an eligible 224
list of the persons whose general average standing upon 225
examinations for such grade or class is not less than the minimum 226
fixed by the rules of the director, and who are otherwise 227
eligible; and such persons shall take rank upon the eligible list 228
as candidates in the order of their relative excellence as 229
determined by the examination without reference to priority of 230
the time of examination. In the event two or more applicants 231
receive the same mark in an open competitive examination, 232
priority in the time of filing the application with the director 233
shall determine the order in which their names shall be placed on 234
the eligible list; provided, that applicants eligible for 235
veteran's preference under section 124.23 of the Revised Code 236
shall receive priority in rank on the eligible list over 237
nonveterans on the list with a rating equal to that of the 238
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veteran. Ties among veterans shall be decided by priority of 239
filing the application. In the event of two or more applicants 240
receiving the same mark on a promotional examination, seniority 241
shall determine the order in which their names shall be placed on 242
the eligible list. The term of eligibility of each list shall be 243
fixed by the director at not less than one nor more than two 244
years. When an eligible list is reduced to ten names or less, a 246
new list may be prepared. The director may consolidate two or
more eligible lists of the same kind by the rearranging of 247
eligibles named therein, according to their grades. 248
(B) A person serving as a provisional employee who passes 251
an examination, given for the department in which he THE PERSON 252
is employed, for the class or grade in which the person holds the 253
position shall be appointed as a certified employee in the 254
position before the director of administrative services prepares 255
an eligible list.
(C) A PARTICIPANT OF THE WORK COMPONENT OF THE OHIO WORKS 258
FIRST PROGRAM PLACED IN A SUBSIDIZED POSITION UNDER DIVISION (C) 259
OF SECTION 5107.52 OF THE REVISED CODE WHO RECEIVES A 260
SATISFACTORY EVALUATION AFTER COMPLETING SIX MONTHS' SERVICE IN
THE SUBSIDIZED POSITION AND PASSES AN EXAMINATION FOR THE CLASS 261
OR GRADE IN WHICH THE PARTICIPANT HOLDS THE SUBSIDIZED POSITION 262
SHALL BE APPOINTED AS A PERMANENT EMPLOYEE IN THE POSITION BEFORE 263
THE DIRECTOR OF ADMINISTRATIVE SERVICES PREPARES AN ELIGIBLE 264
LIST.
Sec. 124.30. Positions in the classified service may be 273
filled without competition as follows: 274
(A) Whenever there are urgent reasons for filling a 276
vacancy in any position in the classified service and the 277
director of administrative services is unable to certify to the 278
appointing authority, upon requisition by the latter, a list of 279
persons eligible for appointment to such position after a 280
competitive examination, the appointing authority may nominate a 281
person to the director for noncompetitive examination, and if 282
8
such nominee is certified by the director as qualified after such 283
noncompetitive examination, the nominee may be appointed 284
provisionally to fill such vacancy until a selection and 286
appointment can be made after competitive examination; but such 287
provisional appointment shall continue in force only until a 288
regular appointment can be made from eligible lists prepared by 289
the director and such eligible lists shall be prepared within six 290
months, provided that an examination for the position must be 291
held within the six-month period from the date of such 292
provisional appointment. In the case of provisional appointees 293
in county agencies administering aid to the blind or aid to 294
dependent children DEPARTMENTS OF HUMAN SERVICES and in the 295
department of human services and department of health, if the 296
salary is paid in whole or in part from federal funds, such 297
eligible lists shall be prepared within six months, provided that 298
an examination for the position must be held within the six-month 299
period from the date of such provisional appointment. In case of 300
an emergency, an appointment may be made without regard to the 301
rules of sections 124.01 to 124.64 of the Revised Code, but in no 302
case to continue longer than thirty days, and in no case shall 303
successive appointments be made. Interim or temporary 304
appointments, made necessary by reason of sickness, disability, 305
or other approved leave of absence of regular officers or 306
employees shall continue only during such period of sickness, 307
disability, or other approved leave of absence, subject to rules 308
to be provided for by the director. 309
Persons who receive interim, temporary, or intermittent 311
appointments shall serve at the pleasure of their appointing 312
authority. Interim appointments shall be made only to fill a 313
vacancy that results from an employee's temporary absence, but 314
shall not be made to fill a vacancy that results because an 315
employee receives an interim appointment. 316
(B) In case of a vacancy in a position in the classified 318
service where peculiar and exceptional qualifications of a 319
9
scientific, managerial, professional, or educational character 320
are required, and upon satisfactory evidence that for specified 321
reasons competition in such special case is impracticable and 322
that the position can best be filled by a selection of some 323
designated person of high and recognized attainments in such 324
qualities, the director may suspend the provisions of sections 325
124.01 to 124.64 of the Revised Code, requiring competition in 326
such case, but no suspension shall be general in its application, 327
and all such cases of suspension shall be reported in the annual 328
report of the director with the reasons for the suspension. 329
(C) Where the services to be rendered by an appointee are 331
for a temporary period, not to exceed six months, and the need of 332
such service is important and urgent, the appointing authority 333
may select for such temporary service any person on the proper 334
list of those eligible for permanent appointment. Successive 335
temporary appointments to the same position shall not be made 336
under this division. The acceptance or refusal by an eligible of 337
a temporary appointment shall not affect the person's standing on 338
the register for permanent employment; nor shall the period of 339
temporary service be counted as a part of the probationary 340
service in case of subsequent appointment to a permanent 341
position. 342
Sec. 125.13. (A) Whenever a state agency determines that 351
it has excess or surplus supplies, it shall notify the director 352
of administrative services. Upon request by the director and on 353
forms provided by him THE DIRECTOR, the state agency shall 354
furnish to the director a list of all such excess and surplus 355
supplies and an appraisal of their value. 356
(B) The director of administrative services shall take 358
immediate possession of a state agency's excess and surplus 359
supplies, except for those that have a value below the minimum 360
value the director establishes for excess and surplus supplies 361
under division (D) of this section. The director shall inventory 362
excess and surplus supplies in his THE DIRECTOR'S possession and 363
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may have the supplies repaired. 364
(C) The director may dispose DO EITHER OF THE FOLLOWING: 366
(1) DISPOSE of declared surplus or excess supplies in his 369
THE DIRECTOR'S possession by sale, lease, or transfer. If he THE 370
DIRECTOR does so, he THE DIRECTOR shall dispose of such supplies 371
in the following order of priority: 372
(1)(a) To state agencies; 374
(2)(b) To state-supported or state-assisted institutions 376
of higher education; 377
(3)(c) To tax-supported agencies, municipal corporations, 379
or other political subdivisions of this state; 380
(4)(d) To the general public by auction, sealed bid, or 382
negotiation. 383
(2) DONATE ANY DECLARED SURPLUS OR EXCESS MOTOR VEHICLE 385
THAT DOES NOT EXCEED FOUR THOUSAND FIVE HUNDRED DOLLARS IN VALUE 386
TO A NONPROFIT ORGANIZATION EXEMPT FROM FEDERAL INCOME TAXATION 387
PURSUANT TO 26 U.S.C. 501(a) AND (c)(3) FOR THE PURPOSE OF 388
MEETING THE TRANSPORTATION NEEDS OF PARTICIPANTS IN THE OHIO 389
WORKS FIRST PROGRAM ESTABLISHED UNDER CHAPTER 5107. OF THE 390
REVISED CODE.
(D) The director may adopt rules governing the sale, 392
lease, or transfer of surplus and excess supplies in his THE 393
DIRECTOR'S possession by public auction, sealed bid, or 394
negotiation, except that no employee of the disposing agency 396
shall be allowed to purchase, lease, or receive any such 397
supplies. The director may dispose of declared surplus or excess 398
supplies, INCLUDING MOTOR VEHICLES, in his THE DIRECTOR'S 400
possession as he THE DIRECTOR determines proper if such supplies 401
cannot be sold, leased, or transferred DISPOSED OF PURSUANT TO 402
DIVISION (C) OF THIS SECTION. The director shall by rule 403
establish a minimum value for excess and surplus supplies and
prescribe procedures for a state agency to follow in disposing of 405
excess and surplus supplies in its possession that have a value 406
below the minimum value established by the director. 407
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(E) No state-supported or state-assisted institution of 409
higher education, tax-supported agency, municipal corporation, or 410
other political subdivision of this state shall sell, lease, or 411
transfer excess or surplus supplies acquired under this section 412
to private entities or the general public at a price greater than 413
the price it originally paid for such supplies. 414
Sec. 127.16. (A) Upon the request of either a state 427
agency or the director of budget and management and after the 428
controlling board determines that an emergency or a sufficient 429
economic reason exists, the controlling board may approve the 430
making of a purchase without competitive selection as provided in 431
division (B) of this section. 432
(B) Except as otherwise provided in this section, no state 434
agency, using money that has been appropriated to it directly, 435
shall: 436
(1) Make any purchase from a particular supplier, that 438
would amount to fifty thousand dollars or more when combined with 439
both the amount of all disbursements to the supplier during the 440
fiscal year for purchases made by the agency and the amount of 441
all outstanding encumbrances for purchases made by the agency 442
from the supplier, unless the purchase is made by competitive 443
selection or with the approval of the controlling board; 444
(2) Lease real estate from a particular supplier, if the 446
lease would amount to seventy-five thousand dollars or more when 447
combined with both the amount of all disbursements to the 448
supplier during the fiscal year for real estate leases made by 449
the agency and the amount of all outstanding encumbrances for 450
real estate leases made by the agency from the supplier, unless 451
the lease is made by competitive selection or with the approval 452
of the controlling board. 453
(C) Any person who authorizes a purchase in violation of 455
division (B) of this section shall be liable to the state for any 456
state funds spent on the purchase, and the attorney general shall 457
collect the amount from the person. 458
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(D) Nothing in division (B) of this section shall be 460
construed as: 461
(1) A limitation upon the authority of the director of 463
transportation as granted in sections 5501.17, 5517.02, and 464
5525.14 of the Revised Code; 465
(2) Applying to medicaid provider agreements under Chapter 467
5111. of the Revised Code, payments for services provided prior 469
to July 17, 1995, under general assistance medical assistance 470
established under former Chapter 5113. of the Revised Code, or 471
payments or provider agreements under disability assistance 472
medical assistance established under Chapter 5115. of the Revised 473
Code;
(3) Applying to the purchase of examinations from a sole 475
supplier by a state licensing board under Title XLVII of the 476
Revised Code; 477
(4) Applying to entertainment contracts for the Ohio state 479
fair entered into by the Ohio expositions commission, provided 480
that the controlling board has given its approval to the 481
commission to enter into such contracts and has approved a total 482
budget amount for such contracts as agreed upon by commission 483
action, and that the commission causes to be kept itemized 484
records of the amounts of money spent under each contract and 485
annually files those records with the legislative clerk of the 486
house of representatives and the clerk of the senate following 487
the close of the fair; 488
(5) Limiting the authority of the chief of the division of 490
mines and reclamation to contract for reclamation work with an 491
operator mining adjacent land as provided in section 1513.27 of 492
the Revised Code; 493
(6) Applying to investment transactions and procedures of 495
any state agency, except that the agency shall file with the 496
board the name of any person with whom the agency contracts to 497
make, broker, service, or otherwise manage its investments, as 498
well as the commission, rate, or schedule of charges of such 499
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person with respect to any investment transactions to be 500
undertaken on behalf of the agency. The filing shall be in a 501
form and at such times as the board considers appropriate. 502
(7) Applying to purchases made with money for the per cent 504
for arts program established by section 3379.10 of the Revised 505
Code; 506
(8) Applying to purchases made by the rehabilitation 508
services commission of services, or supplies, that are provided 509
to persons with disabilities, or to purchases made by the 510
commission in connection with the eligibility determinations it 511
makes for applicants of programs administered by the social 512
security administration; 513
(9) Applying to payments by the department of human 515
services under section 5111.13 of the Revised Code for group 516
health plan premiums, deductibles, coinsurance, and other 517
cost-sharing expenses; 518
(10) Applying to any agency of the legislative branch of 520
the state government; 521
(11) Applying to agreements entered into under section 523
5101.11, 5101.21, OR 5101.211 of the Revised Code; 524
(12) Applying to purchases of services by the adult parole 526
authority under section 2967.14 of the Revised Code or by the 527
department of youth services under section 5139.08 of the Revised 528
Code; 529
(13) Applying to dues or fees paid for membership in an 531
organization or association; 532
(14) Applying to purchases of utility services pursuant to 534
section 9.30 of the Revised Code; 535
(15) Applying to purchases made in accordance with rules 537
adopted by the department of administrative services of motor 538
vehicle, aviation, or watercraft fuel, or emergency repairs of 539
such vehicles; 540
(16) Applying to purchases of tickets for passenger air 542
transportation; 543
14
(17) Applying to purchases necessary to provide public 545
notifications required by law or to provide notifications of job 546
openings; 547
(18) Applying to the judicial branch of state government; 549
(19) Applying to purchases of liquor for resale by the 551
department or, on and after July 1, 1997, the division of liquor 552
control;
(20) Applying to purchases of motor courier and freight 554
services made in accordance with department of administrative 555
services rules; 556
(21) Applying to purchases from the United States postal 558
service and purchases of stamps and postal meter replenishment 559
from vendors at rates established by the United States postal 560
service; 561
(22) Applying to purchases of books, periodicals, 563
pamphlets, newspapers, maintenance subscriptions, and other 564
published materials; 565
(23) Applying to purchases from other state agencies, 567
including state-assisted institutions of higher education; 568
(24) Limiting the authority of the director of 570
environmental protection to enter into contracts under division 571
(D) of section 3745.14 of the Revised Code to conduct compliance 572
reviews, as defined in division (A) of that section; 573
(25) Applying to purchases from a qualified nonprofit 575
agency pursuant to sections 4115.31 to 4115.35 of the Revised 576
Code; 577
(26) Applying to payments by the department of human 579
services to the United States department of health and human 580
services for printing and mailing notices pertaining to the tax 581
refund offset program of the internal revenue service of the 582
United States department of the treasury; 583
(27) Applying to contracts entered into by the department 585
of mental retardation and developmental disabilities under 586
sections 5123.18, 5123.182, and 5111.252 of the Revised Code; 587
15
(28) Applying to payments made by the department of mental 589
health under a physician recruitment program authorized by 590
section 5119.101 of the Revised Code. 591
(E) Notwithstanding division (B)(1) of this section, the 593
cumulative purchase threshold shall be seventy-five thousand 594
dollars for the departments of mental retardation and 595
developmental disabilities, mental health, rehabilitation and 596
correction, and youth services. 597
(F) When determining whether a state agency has reached 599
the cumulative purchase thresholds established in divisions 600
(B)(1), (B)(2), and (E) of this section, all of the following 601
purchases by such agency shall not be considered: 602
(1) Purchases made through competitive selection or with 604
controlling board approval; 605
(2) Purchases listed in division (D) of this section; 607
(3) For the purposes of the thresholds of divisions (B)(1) 609
and (E) of this section only, leases of real estate. 610
(G) As used in this section, "competitive selection," 612
"purchase," "supplies," and "services" have the same meanings as 613
in section 125.01 of the Revised Code. 614
Sec. 176.05. (A)(1) Notwithstanding any provision of law 623
to the contrary, the rate of wages payable for the various 624
occupations covered by sections 4115.03 to 4115.16 of the Revised 625
Code, to persons employed on a project who are not qualified ANY 627
OF THE FOLLOWING SHALL BE DETERMINED ACCORDING TO THIS SECTION:
(a) QUALIFIED volunteers or persons; 630
(b) PERSONS required to participate in the job 632
opportunities and basic skills training program established A 633
WORK ACTIVITY, DEVELOPMENTAL ACTIVITY, OR ALTERNATIVE WORK 634
ACTIVITY under section 5101.81 SECTIONS 5107.40 TO 5107.68 of the 635
Revised Code, shall be determined according to this section. An 637
EXCEPT THOSE ENGAGED IN PAID EMPLOYMENT OR SUBSIDIZED EMPLOYMENT 638
PURSUANT TO THE ACTIVITY;
(c) FOOD STAMP BENEFIT RECIPIENTS REQUIRED TO PARTICIPATE 640
16
IN EMPLOYMENT AND TRAINING ACTIVITIES ESTABLISHED BY RULES 641
ADOPTED UNDER SECTION 5101.54 OF THE REVISED CODE. 642
AN association representing the general contractors or 645
subcontractors that engage in the business of residential 646
construction in a certain locality shall negotiate with the 647
applicable building and construction trades council in that 648
locality an agreement or understanding that sets forth the
residential prevailing rate of wages, payable on projects in that 649
locality, for each of the occupations employed on those projects. 650
(2) Notwithstanding any residential prevailing rate of 652
wages established prior to July 1, 1995, if, by October 1, 1995, 654
the parties are unable to agree under division (A)(1) of this 655
section as to the rate of wages payable for each occupation 656
covered by sections 4115.03 to 4115.16 of the Revised Code, the 657
administrator of the bureau of employment services shall 658
establish the rate of wages payable for each occupation. 659
(3) The residential prevailing rate of wages established 661
under division (A)(1) or (2) of this section shall not be equal 662
to or greater than the prevailing rate of wages determined by the 663
administrator pursuant to sections 4115.03 to 4115.16 of the 664
Revised Code for any of the occupations covered by those 665
sections.
(B) Except for the prevailing rate of wages determined by 667
the administrator pursuant to sections 4115.03 to 4115.16 of the 669
Revised Code, those sections and section 4115.99 of the Revised
Code apply to projects. 670
(C) The residential prevailing rate of wages established 672
under division (A) of this section is not payable to any 673
individual or member of that individual's family who provides 674
labor in exchange for acquisition of the property for 675
homeownership or who provides labor in place of or as a 676
supplement to any rental payments for the property. 677
(D) For the purposes of this section: 679
(1) "Project" means any construction, rehabilitation, 681
17
remodeling, or improvement of residential housing, whether on a 682
single or multiple site for which a person, as defined in section 683
1.59 of the Revised Code, or municipal corporation, county, or 684
township receives financing, that is financed in whole or in part 685
from state moneys or pursuant to this chapter, section 133.51 or 686
307.698 of the Revised Code, or Chapter 175. of the Revised Code, 687
except for any of the following: 688
(a) The single-family mortgage revenue bonds homeownership 690
program under Chapter 175. of the Revised Code, including 691
owner-occupied dwellings of one to four units; 692
(b) Projects consisting of fewer than six units developed 694
by any entity that is not a nonprofit organization exempt from 695
federal income tax under section 501(c)(3) of the Internal 696
Revenue Code; 697
(c) Projects of fewer than twenty-five units developed by 699
any nonprofit organization that is exempt from federal income tax 700
under section 501(c)(3) of the Internal Revenue Code; 701
(d) Programs undertaken by any municipal corporation, 703
county, or township, including lease-purchase programs, using 704
mortgage revenue bond financing; 705
(e) Any individual project, that is sponsored or developed 707
by a nonprofit organization that is exempt from federal income 708
tax under section 501(c)(3) of the Internal Revenue Code, for 709
which the federal government or any of its agencies furnishes by 710
loan, grant, low-income housing tax credit, or insurance more 711
than twelve per cent of the costs of the project. For purposes 712
of division (D)(2)(e) of this section, the value of the 713
low-income housing tax credits shall be calculated as the 714
proceeds from the sale of the tax credits, less the costs of the 715
sale. 716
As used in division (D)(1)(e) of this section, "sponsored" 718
means that the general partner of a limited partnership owning 719
the project is either a nonprofit organization that is exempt 720
from federal income tax under section 501(c)(3) of the Internal 721
18
Revenue Code or a person, as defined in section 1.59 of the 722
Revised Code, in which such a nonprofit organization maintains 723
controlling interest. 724
Nothing in division (D)(1)(e) of this section shall be 726
construed as permitting unrelated projects to be combined for the 727
sole purpose of determining the total percentage of project costs 728
furnished by the federal government or any of its agencies. 729
(2) A "project" is a "public improvement" and the state or 731
a political subdivision that undertakes or participates in the 732
financing of a project is a "public authority," as both of the 733
last two terms are defined in section 4115.03 of the Revised 734
Code. 735
(3) "Qualified volunteers" are volunteers who are working 737
without compensation for a nonprofit organization that is exempt 738
from federal income tax under section 501(c)(3) of the Internal 739
Revenue Code, and that is providing housing or housing assistance 740
only to families and individuals in a county whose incomes are 741
not greater than one hundred forty per cent of the median income 742
of that county as determined under section 175.23 of the Revised 743
Code. 744
Sec. 302.18. (A) The county executive shall be the 753
administrative head of the county and shall have all powers and 754
shall perform all duties of an administrative or executive nature 755
vested in or imposed upon the board of county commissioners by 756
general law or by agreement with any municipality or other 757
subdivision of government of Ohio and such additional powers as 758
are granted and imposed by the board, and he THE COUNTY EXECUTIVE 760
shall administer the resolutions of the board of county 761
commissioners and the laws of the state relating to or required 762
to be enforced by his THE COUNTY EXECUTIVE'S office. The county 764
executive shall supervise the departments established pursuant to 765
division (A) of section 302.13 of the Revised Code. All authority 766
of the board of county commissioners under general law with 767
respect to the adoption of the county budget and the submission 768
19
of any matter to the electors shall be exercised by the board of 769
county commissioners provided for under Chapter 302. of the 770
Revised Code. Contracts between the county and other agencies of 771
government shall be approved or authorized by the board of county 772
commissioners.
(B) The county executive, under the elective executive 774
plan, shall exercise all authority of the board of county 775
commissioners to appoint, suspend, and remove all county 776
personnel whose appointment, suspension, and removal was a 777
function of the board of county commissioners under general law, 778
except for the clerk of the board of county commissioners, the 779
clerk's clerical assistants, and the appointments listed in 780
division (C) of section 302.18 of the Revised Code. Under the 781
appointive executive plan, the board of county commissioners 782
shall have the power to appoint, suspend, and remove all county 783
personnel whose appointment, suspension, and removal was a 784
function of the board under general law, upon the recommendation 785
of the county executive. 786
(C) Appointment of officers, which by general law in 788
sections 303.04, 303.13, 305.29, 306.01, 306.02, 329.01, 329.06, 789
5153.05, 5153.39, and 5155.03 of the Revised Code is required to 790
be made by the board of county commissioners, shall be made by 791
the county executive, under either plan, with advice and consent 792
of the board of county commissioners. The county executive, 793
under either plan, also shall appoint with the advice and consent 794
of the board of county commissioners, all officers and members of 795
boards and commissions, other than officers of a court or 796
employees or other persons advisory to or subject to the 797
supervision of a court or judge thereof, which by general law in 798
sections 331.01, 339.02, 1545.02, 1545.03, 1545.04, and 1545.05 799
of the Revised Code are to be appointed by a judge or judges of 800
the probate or common pleas court of the county. 801
(D) The county executive, under the elective executive 803
plan, shall have the power to veto any ordinance or resolution 804
20
adopted by the board of county commissioners. A veto by the 805
county executive may apply to all or any items of an ordinance 806
appropriating money. Certification of a veto must be made by the 807
county executive within ten days of its adoption by the board of 808
county commissioners, and the board of county commissioners may 809
override the veto by a two-thirds vote of all its members. Under 810
the elective executive plan an ordinance or resolution shall 811
become effective upon approval by the county executive, 812
expiration of such ten days without approval or veto, or 813
overriding of a veto. 814
(E) The county executive shall promote the coordination of 816
all county functions and for this purpose shall make an annual 817
public report on the state of the county. 818
Sec. 307.01. (A) A courthouse, jail, public comfort 827
station, offices for county officers, and a county home shall be 828
provided by the board of county commissioners when, in its 829
judgment, any of them are needed. The buildings and offices 830
shall be of such style, dimensions, and expense as the board 831
determines. All new jails and renovations to existing jails 832
shall be designed, and all existing jails shall be operated in 833
such a manner as to comply substantially with the minimum 834
standards for jails in Ohio promulgated by the department of 835
rehabilitation and correction. The board shall also provide 836
equipment, stationery, and postage, as it considers reasonably 837
necessary for the proper and convenient conduct of county 838
offices, and such facilities as will result in expeditious and 839
economical administration of such offices, except that, for the 840
purpose of obtaining federal or state reimbursement, the board 841
may impose on the county PUBLIC children services board or county 843
department of human services exercising the children services 844
function AGENCY reasonable charges, not exceeding the amount for 845
which reimbursement will be made and consistent with 847
cost-allocation standards adopted by the department of human 848
services, for the provision of office space, supplies, 849
21
stationery, utilities, telephone use, postage, and general 850
support services.
The board of county commissioners shall provide all rooms, 852
fireproof and burglarproof vaults, safes, and other means of 853
security in the office of the county treasurer that are necessary 854
for the protection of public moneys and property in the office. 855
(B) The court of common pleas shall annually submit a 857
written request for an appropriation to the board of county 858
commissioners that shall set forth estimated administrative 859
expenses of the court that the court considers reasonably 860
necessary for its operation. The board shall conduct a public 861
hearing with respect to the written request submitted by the 862
court and shall appropriate the amount of money each year that it 863
determines, after conducting the public hearing and considering 864
the written request of the court, is reasonably necessary to meet 865
all administrative expenses of the court. 866
If the court considers the appropriation made by the board 868
pursuant to this division insufficient to meet all the 869
administrative expenses of the court, it shall commence an action 870
under Chapter 2731. of the Revised Code in the court of appeals 871
for the judicial district for a determination of the duty of the 872
board of county commissioners to appropriate the amount of money 873
in dispute. The court of appeals shall give priority to the 874
action filed by the court of common pleas over all cases pending 875
on its docket. The burden shall be on the court of common pleas 876
to prove that the appropriation requested is reasonably necessary 877
to meet all its administrative expenses. If, prior to the filing 878
of an action under Chapter 2731. of the Revised Code or during 879
the pendency of the action, any judge of the court exercises the 880
contempt power of the court of common pleas in order to obtain 881
the amount of money in dispute, the judge shall not order the 882
imprisonment of any member of the board of county commissioners 883
notwithstanding sections 2705.02 to 2705.06 of the Revised Code. 884
(C) Division (B) of this section does not apply to 886
22
appropriations for the probate court or the juvenile court that 887
are subject to section 2101.11 or 2151.10 of the Revised Code. 888
Sec. 307.12. (A) When the board of county commissioners 897
finds, by resolution, that the county has personal property, 898
including motor vehicles acquired for the use of county officers 899
and departments, and road machinery, equipment, tools, or 900
supplies, which is not needed for public use, or is obsolete or 901
unfit for the use for which it was acquired, the board may sell 902
DO EITHER OF THE FOLLOWING: 903
(1) SELL such property at public auction or by sealed bid 905
to the highest bidder, after giving at least ten days' notice of 907
the time, place, and manner of sale by posting a typewritten or 908
printed notice in the offices of the county auditor and board. 909
In case the fair market value of the property to be sold pursuant 910
to this division is, in the opinion of the board, in excess of 911
two thousand dollars, notice of the time, place, and manner of 912
the sale shall also be published in a newspaper of general 913
circulation in the county at least ten days prior to such sale. 914
The board of county commissioners may authorize the sale of such 915
personal property without advertisement or public notification 916
and competitive bidding to the federal government, state, or any 917
political subdivision of the state. 918
If a board conducts a sale of personal property by sealed 920
bid, the form of the bid shall be as prescribed by the board, and 921
each bid shall contain the name of the person submitting it. Bids 923
received shall be opened and tabulated at the time stated in the 924
notice. The property shall be sold to the highest bidder, except 925
that the board may reject all bids and hold another sale, by 926
public auction or sealed bid, in the manner prescribed by this
section. 927
(2) DONATE ANY MOTOR VEHICLE THAT DOES NOT EXCEED FOUR 929
THOUSAND FIVE HUNDRED DOLLARS IN VALUE TO A NONPROFIT 930
ORGANIZATION EXEMPT FROM FEDERAL INCOME TAXATION PURSUANT TO 26 931
U.S.C. 501(a) AND (c)(3) FOR THE PURPOSE OF MEETING THE 933
23
TRANSPORTATION NEEDS OF PARTICIPANTS IN THE OHIO WORKS FIRST
PROGRAM ESTABLISHED UNDER CHAPTER 5107. OF THE REVISED CODE. 934
(B) When a county officer or department head determines 936
that county-owned personal property under his THE jurisdiction OF 938
THE OFFICER OR DEPARTMENT HEAD, including motor vehicles, road
machinery, equipment, tools, or supplies, is not of immediate 939
need, the county officer or department head may lease such 940
personal property to any municipal corporation, township, or 941
other political subdivision of the state. Such lease shall 942
require the county to be reimbursed under terms, conditions, and
fees established by the board of county commissioners, or under 943
contracts approved by the board. 944
(C) Where the board finds, by resolution, that the county 946
has vehicles, equipment, or machinery which is not needed, or is 947
unfit for public use, and the board desires to sell such 948
vehicles, equipment, or machinery to the person or firm from 949
which it proposes to purchase other vehicles, equipment, or 950
machinery, the board may offer to sell the vehicles, equipment, 951
or machinery to such person or firm, and to have such selling 952
price credited to the person or firm against the purchase price 953
of other vehicles, equipment, or machinery. 954
(D) Where the board advertises for bids for the sale of 956
new vehicles, equipment, or machinery to the county, it may 957
include in the same advertisement a notice of the willingness of 958
such board to accept bids for the purchase of county-owned 959
vehicles, equipment, or machinery which is obsolete or not needed 960
for public use, and to have the amount of such bids subtracted 961
from the selling price of the other vehicles, equipment, or 962
machinery as a means of determining the lowest responsible 963
bidder. 964
Sec. 307.441. (A) The board of county commissioners of 973
each county may procure a policy or policies of insurance 974
insuring the county recorder and the clerk of the court of common 975
pleas and their deputies against liability on account of errors 976
24
or omissions unknowingly made by them and for which they may be 977
held liable. 978
The policy or policies of insurance shall be in an amount 980
of not less than fifty thousand dollars. 981
(B) The board of county commissioners of each county may 983
procure a policy or policies of insurance insuring the sheriff 984
and his deputies against liability arising from the performance 985
of their official duties. 986
(C) The board of county commissioners of each county may 988
procure a policy or policies of insurance insuring the 989
prosecuting attorney and assistant prosecuting attorneys against 990
liability arising from the performance of their official duties. 991
(D) The board of county commissioners of each county may 993
procure a policy or policies of insurance insuring the coroner, 994
county engineer, county auditor, each county commissioner, and 995
the county treasurer and their assistants against liability 996
arising from the performance of their official duties. 997
(E) The board of county commissioners of each county may 999
procure a policy or policies of insurance insuring any county 1,000
employee against liability arising from the performance of his 1,001
official duties. 1,002
(F) If the board of county commissioners of any county 1,004
procures a policy or policies of insurance insuring any county 1,005
official against liability arising from the performance of his 1,006
official duties as provided by divisions (A) to (D) of this 1,007
section, it shall not refuse to procure a policy or policies of 1,008
insurance insuring any other county official as authorized in 1,009
those divisions, if such policy or policies are reasonably 1,010
available. 1,011
(G) The board of county commissioners of any county may 1,013
procure a policy or policies of insurance insuring the county 1,014
director of human services, county department of human services 1,015
employees, members of county welfare advisory boards HUMAN 1,016
SERVICES PLANNING COMMITTEES, or foster parents associated with 1,018
25
the county department of human services, against liability 1,019
arising from the performance of their official duties. 1,020
(H) The board of county commissioners of each county may 1,022
procure a policy or policies of insurance insuring the county 1,023
public defender and the members of the county public defender 1,024
commission against liability arising from the performance of 1,025
their official duties. A joint board of county commissioners 1,026
formed pursuant to section 120.23 of the Revised Code may, in 1,027
accordance with the agreement of the participating boards of 1,028
county commissioners, procure a policy or policies of insurance 1,029
insuring the joint county public defender and the members of the 1,030
joint county public defender commission against liability arising 1,031
from the performance of their official duties. 1,032
(I) The board of county commissioners of each county may 1,034
procure a policy or policies of insurance insuring the judges of 1,035
the court of common pleas and any county court in the county, and 1,036
the employees of those courts, against liability arising from the 1,037
performance of their official duties. 1,038
Sec. 307.851. (A) Notwithstanding anything to the 1,047
contrary in the Revised Code, a board of county commissioners of 1,048
a county that has enacted a tax levy under section 5705.191 of 1,049
the Revised Code may, in addition to exercising the other powers 1,050
granted to a board of county commissioners, enter into a contract
with any corporation or association, whether the corporation or 1,052
association is for profit or nonprofit, for that corporation or 1,053
association to provide the services described in this section and 1,054
for the county to pay for those contracted services with the 1,055
proceeds of that tax levy, provided that proceeds from the tax 1,056
levy are used only for the purpose or purposes for which the tax 1,057
was levied. Services for which a contract may be entered into 1,058
under this section are either of the following:
(1) Children and youth services; alcohol, drug addiction, 1,060
and mental health services; services for the mentally retarded or 1,062
developmentally disabled; and public health services; 1,063
26
(2) Health and human services for low-income persons, 1,065
including counseling, family support, legal services, day-care, 1,067
teen services, literacy, prescription assistance, homemaker 1,068
assistance, adult day-care, respite care services, attendant 1,069
care, hearing and speech services, adult protective services, and 1,070
transportation services.
(B) Before entering into a contract as provided in 1,072
division (A) of this section, the board of county commissioners 1,073
shall first notify, in writing, the children services board; the 1,074
alcohol, drug addiction, and mental health services board; the 1,076
board of mental retardation and developmental disabilities; OR 1,077
the board of the health district or combined general health 1,078
district; or the human services department of that county, as 1,079
appropriate for the service to be provided under the contract, of 1,080
the board's intention to enter into a contract with a corporation 1,081
or association to provide a particular service. The notice shall 1,082
delineate the particular service to be provided, identify the 1,083
corporation or association with which the board proposes to 1,084
contract, and the amount proposed to be paid to the corporation 1,085
or association for performing those services. The notified board 1,086
or boards or department has thirty days in which to inform the
board of county commissioners of its intention to provide that 1,088
service itself or authorize the board of county commissioners to 1,089
contract with the proposed corporation or association to provide 1,090
the service. If the board of county commissioners receives no 1,091
response from a notified board or department within the 1,092
thirty-day period, the notified board or department shall be 1,093
deemed to have authorized the proposed contract. Once the 1,095
contract is authorized by each notified board or department, the
board of county commissioners may enter into a contract with the 1,097
corporation or association, as proposed. 1,098
(C) In addition to any other terms that the board finds 1,100
appropriate, any agreement entered into under division (A) of 1,101
this section shall provide all the following: 1,102
27
(1) That the corporation or association shall keep current 1,104
and accurate accounts of its use of the moneys it receives from 1,105
the county;
(2) That the corporation or association shall, at least 1,108
annually, have an audit performed in accordance with rules
adopted by the auditor of state under section 117.20 of the 1,109
Revised Code, of any services or programs it has performed with 1,110
county moneys. A copy of the fiscal audit report shall be 1,111
provided to the board of county commissioners, the county
auditor, and the auditor of state. 1,112
(3) That the corporation or association is liable to repay 1,114
to the county any county moneys it receives that are improperly 1,115
used;
(4) That the corporation or association shall repay to the 1,117
board all county moneys remaining unused at the end of the fiscal 1,118
year or other accounting period for which the board paid the 1,119
moneys, except that when the recipient is to receive county 1,120
moneys in the next succeeding fiscal year or other accounting 1,121
period following the fiscal year or other accounting period for 1,122
which the board paid the moneys, the recipient need not repay the
county moneys remaining unused.; 1,123
(5) That the corporation or association shall provide the 1,125
board of county commissioners annually a summary of the program 1,126
or service activities it has performed with county moneys. 1,128
Sec. 307.98. EACH BOARD OF COUNTY COMMISSIONERS SHALL 1,131
ENTER INTO A WRITTEN PARTNERSHIP AGREEMENT WITH THE DIRECTOR OF 1,132
HUMAN SERVICES IN ACCORDANCE WITH SECTION 5101.21 OF THE REVISED
CODE. PRIOR TO ENTERING INTO OR AMENDING THE AGREEMENT, THE 1,133
BOARD SHALL CONDUCT A PUBLIC HEARING AND CONSULT WITH THE COUNTY 1,135
HUMAN SERVICES PLANNING COMMITTEE ESTABLISHED UNDER SECTION 1,136
329.06 OF THE REVISED CODE. THROUGH THE HEARING AND
CONSULTATION, THE BOARD SHALL OBTAIN COMMENTS AND RECOMMENDATIONS 1,138
CONCERNING WHAT WOULD BE THE COUNTY'S OBLIGATIONS AND 1,139
RESPONSIBILITIES UNDER THE AGREEMENT OR AMENDMENT.
28
Sec. 307.981. (A) AS USED IN SECTIONS 307.981 TO 307.986 1,142
OF THE REVISED CODE: 1,143
(1) "COUNTY SOCIAL SERVICE AGENCY" MEANS ALL OF THE 1,145
FOLLOWING: 1,146
(a) A CHILD SUPPORT ENFORCEMENT AGENCY; 1,148
(b) A COUNTY DEPARTMENT OF HUMAN SERVICES; 1,150
(c) A PUBLIC CHILDREN SERVICES AGENCY. 1,152
(2) "PRIVATE ENTITY" MEANS ANY ENTITY OTHER THAN A 1,154
GOVERNMENT ENTITY. 1,155
(3) "SOCIAL SERVICE DUTY" MEANS A DUTY STATE LAW REQUIRES 1,157
OR ALLOWS A COUNTY SOCIAL SERVICE AGENCY TO ASSUME. 1,158
(B) TO THE EXTENT PERMITTED BY FEDERAL LAW AND EXCEPT AS 1,160
PROVIDED IN DIVISION (C) OF THIS SECTION, A BOARD OF COUNTY 1,162
COMMISSIONERS MAY DESIGNATE ANY PRIVATE OR GOVERNMENT ENTITY TO 1,163
SERVE AS A CHILD SUPPORT ENFORCEMENT AGENCY, COUNTY DEPARTMENT OF 1,164
HUMAN SERVICES, PUBLIC CHILDREN SERVICES AGENCY, TWO OF THOSE 1,165
COUNTY SOCIAL SERVICE AGENCIES, OR ALL THREE OF THOSE COUNTY 1,166
SOCIAL SERVICE AGENCIES. A BOARD MAY CHANGE ITS DESIGNATION BY 1,167
DESIGNATING ANOTHER PRIVATE OR GOVERNMENT ENTITY. NOT LESS THAN 1,168
SIXTY DAYS BEFORE A BOARD DESIGNATES AN ENTITY UNDER THIS 1,169
SECTION, THE BOARD SHALL NOTIFY THE STATE DEPARTMENT OF HUMAN 1,170
SERVICES AND PUBLISH NOTICE IN A NEWSPAPER OF GENERAL CIRCULATION 1,171
IN THE COUNTY OF THE BOARD'S INTENTION TO MAKE THE DESIGNATION 1,172
AND REASONS FOR THE DESIGNATION.
A BOARD OF COUNTY COMMISSIONERS SHALL ENTER INTO A WRITTEN 1,174
CONTRACT WITH EACH ENTITY IT DESIGNATES UNDER THIS SECTION 1,175
SPECIFYING THE ENTITY'S RESPONSIBILITIES AND STANDARDS THE ENTITY 1,177
IS REQUIRED TO MEET.
THIS SECTION DOES NOT REQUIRE A BOARD OF COUNTY 1,179
COMMISSIONERS TO ABOLISH THE CHILD SUPPORT ENFORCEMENT AGENCY, 1,180
COUNTY DEPARTMENT OF HUMAN SERVICES, OR PUBLIC CHILDREN SERVICES 1,181
AGENCY SERVING THE COUNTY ON THE EFFECTIVE DATE OF THIS SECTION 1,182
AND DESIGNATE A DIFFERENT PRIVATE OR GOVERNMENT ENTITY TO SERVE 1,183
AS THE COUNTY'S CHILD SUPPORT ENFORCEMENT AGENCY, COUNTY 1,184
29
DEPARTMENT OF HUMAN SERVICES, OR PUBLIC CHILDREN SERVICES AGENCY. 1,186
(C) IF A COUNTY CHILDREN SERVICES BOARD APPOINTED UNDER 1,189
SECTION 5153.03 OF THE REVISED CODE SERVES AS A PUBLIC CHILDREN 1,192
SERVICES AGENCY FOR A COUNTY, THE BOARD OF COUNTY COMMISSIONERS 1,193
MAY NOT REDESIGNATE THE PUBLIC CHILDREN SERVICES AGENCY UNLESS 1,194
THE BOARD OF COUNTY COMMISSIONERS DOES ALL OF THE FOLLOWING: 1,195
(1) NOTIFIES THE COUNTY CHILDREN SERVICES BOARD OF ITS 1,197
INTENT TO REDESIGNATE THE PUBLIC CHILDREN SERVICES AGENCY. IN 1,198
ITS NOTIFICATION, THE BOARD OF COUNTY COMMISSIONERS SHALL PROVIDE 1,199
THE COUNTY CHILDREN SERVICES BOARD A WRITTEN EXPLANATION OF THE 1,200
ADMINISTRATIVE, FISCAL, OR PERFORMANCE CONSIDERATIONS CAUSING THE 1,201
BOARD OF COUNTY COMMISSIONERS TO SEEK TO REDESIGNATE THE PUBLIC 1,202
CHILDREN SERVICES AGENCY.
(2) PROVIDES THE COUNTY CHILDREN SERVICES BOARD AN 1,204
OPPORTUNITY TO COMMENT ON THE PROPOSED REDESIGNATION BEFORE THE 1,205
REDESIGNATION OCCURS; 1,206
(3) IF THE COUNTY CHILDREN SERVICES BOARD, NOT MORE THAN 1,208
SIXTY DAYS AFTER RECEIVING THE NOTICE UNDER DIVISION (C)(1) OF 1,210
THIS SECTION, NOTIFIES THE BOARD OF COUNTY COMMISSIONERS THAT THE 1,211
COUNTY CHILDREN SERVICES BOARD HAS VOTED TO OPPOSE THE 1,212
REDESIGNATION, VOTES UNANIMOUSLY TO PROCEED WITH THE 1,213
REDESIGNATION.
Sec. 307.982. (A) TO THE EXTENT PERMITTED BY FEDERAL LAW 1,215
AND EXCEPT AS PROVIDED IN DIVISION (B) OF THIS SECTION, A BOARD 1,217
OF COUNTY COMMISSIONERS MAY ENTER INTO A WRITTEN CONTRACT WITH A 1,218
PRIVATE OR GOVERNMENT ENTITY FOR THE ENTITY TO PERFORM A SOCIAL 1,219
SERVICE DUTY ON BEHALF OF A COUNTY SOCIAL SERVICE AGENCY. 1,220
(B) A BOARD OF COUNTY COMMISSIONERS MAY NOT ENTER INTO A 1,223
CONTRACT UNDER DIVISION (A) OF THIS SECTION REGARDING A SOCIAL 1,225
SERVICE DUTY OF A PUBLIC CHILDREN SERVICES AGENCY IF A COUNTY 1,226
CHILDREN SERVICES BOARD APPOINTED UNDER SECTION 5153.03 OF THE 1,227
REVISED CODE SERVES AS THE PUBLIC CHILDREN SERVICES AGENCY FOR 1,229
THE COUNTY. THE COUNTY CHILDREN SERVICES BOARD MAY ENTER INTO 1,230
CONTRACTS REGARDING ITS DUTIES IN ACCORDANCE WITH DIVISION (C)(2) 1,231
30
OF SECTION 5153.16 OF THE REVISED CODE. 1,234
Sec. 307.983. EACH BOARD OF COUNTY COMMISSIONERS SHALL 1,237
ENTER INTO A WRITTEN PLAN OF COOPERATION WITH THE COUNTY SOCIAL 1,238
SERVICE AGENCIES SERVING THE COUNTY TO ENHANCE THE ADMINISTRATION 1,239
OF THE OHIO WORKS FIRST PROGRAM ESTABLISHED UNDER CHAPTER 5107. 1,241
OF THE REVISED CODE AND OTHER SOCIAL SERVICE DUTIES THE BOARD AND 1,242
AGENCIES AGREE TO INCLUDE IN THE PLAN. OTHER GOVERNMENT 1,243
ENTITITES MAY BE INCLUDED IN A PLAN OF COOPERATION. THE PLAN 1,244
SHALL SPECIFY HOW THE COUNTY SOCIAL SERVICE AGENCIES AND OTHER 1,245
GOVERNMENT ENTITIES INCLUDED IN THE PLAN ARE TO EXCHANGE 1,246
INFORMATION AND COORDINATE AND ENHANCE SERVICES AND ASSISTANCE TO 1,247
INDIVIDUALS AND FAMILIES. THE PLAN OF COOPERATION SHALL INCLUDE 1,248
COOPERATION WITH THE BOARD OF EDUCATION OF A SCHOOL DISTRICT WITH 1,249
TERRITORY IN THE COUNTY TO PROVIDE ASSISTANCE TO CHILDREN IN THE 1,250
DISTRICT WHOSE FAMILIES RELOCATE FREQUENTLY, CAUSING THE CHILDREN 1,251
TO TRANSFER TO DIFFERENT SCHOOLS THROUGHOUT THE YEAR. THE BOARD 1,253
SHALL INCORPORATE THE TRANSPORTATION PLAN DEVELOPED UNDER SECTION 1,254
307.984 OF THE REVISED CODE INTO THE PLAN OF COOPERATION. 1,256
Sec. 307.984. EACH BOARD OF COUNTY COMMISSIONERS SHALL 1,259
DEVELOP A WRITTEN TRANSPORTATION WORK PLAN THAT ESTABLISHES 1,260
POLICIES REGARDING THE TRANSPORTATION NEEDS OF LOW INCOME 1,261
RESIDENTS OF THE COUNTY SEEKING OR STRIVING TO RETAIN EMPLOYMENT. 1,262
THE BOARD SHALL INCORPORATE THE TRANSPORTATION WORK PLAN INTO THE 1,263
PLAN OF COOPERATION ENTERED INTO UNDER SECTION 307.983 OF THE 1,264
REVISED CODE. IN DEVELOPING THE TRANSPORTATION WORK PLAN, THE 1,266
BOARD SHALL CONSULT WITH ALL OF THE FOLLOWING:
(A) THE COUNTY DEPARTMENT OF HUMAN SERVICES; 1,269
(B) IF A REGIONAL TRANSIT AUTHORITY CREATED UNDER SECTION 1,272
306.32 OF THE REVISED CODE SERVES THE COUNTY, THE REGIONAL 1,273
TRANSIT AUTHORITY; 1,274
(C) IF A COMMUNITY ACTION AGENCY, AS DEFINED IN SECTION 1,277
122.66 OF THE REVISED CODE, SERVES THE COUNTY, THE COMMUNITY 1,278
ACTION AGENCY; 1,279
(D) AS DESIGNATED BY THE BOARD OF COUNTY COMMISSIONERS, 1,282
31
REPRESENTATIVES OF PRIVATE NON-PROFIT AND GOVERNMENT ENTITIES 1,283
THAT WORK WITH ISSUES RELATED TO ECONOMIC DEVELOPMENT,
EMPLOYMENT, AND PERSONS WITH PHYSICAL DISABILITIES; 1,284
(E) OTHER INDIVIDUALS DESIGNATED BY THE BOARD OF COUNTY 1,287
COMMISSIONERS.
Sec. 307.985. TO THE EXTENT FEDERAL STATUTES AND 1,290
REGULATIONS AND STATE LAW PERMIT, A PARTNERSHIP AGREEMENT ENTERED 1,292
INTO UNDER SECTION 307.98, A CONTRACT ENTERED INTO UNDER SECTION 1,293
307.981 OR 307.982, A PLAN OF COOPERATION ENTERED INTO UNDER 1,294
SECTION 307.983, AND A TRANSPORTATION WORK PLAN DEVELOPED UNDER 1,295
SECTION 307.984 OF THE REVISED CODE SHALL PERMIT THE EXCHANGE OF 1,296
INFORMATION NEEDED TO IMPROVE SERVICES AND ASSISTANCE TO
INDIVIDUALS AND FAMILIES AND THE PROTECTION OF CHILDREN. A 1,297
PRIVATE OR GOVERNMENT ENTITY THAT RECEIVES INFORMATION PURSUANT 1,298
TO AN AGREEMENT, CONTRACT, OR PLAN IS BOUND BY THE SAME STANDARDS 1,299
OF CONFIDENTIALITY AS THE ENTITY THAT PROVIDES THE INFORMATION. 1,300
AN AGREEMENT, CONTRACT, OR PLAN SHALL: 1,303
(A) BE COORDINATED AND NOT CONFLICT WITH ANOTHER 1,305
AGREEMENT, CONTRACT, OR PLAN OR AN AGREEMENT ENTERED INTO UNDER 1,306
SECTION 329.05 OF THE REVISED CODE; 1,307
(B) PROHIBIT DISCRIMINATION IN HIRING AND PROMOTION 1,309
AGAINST APPLICANTS FOR AND PARTICIPANTS OF THE OHIO WORKS FIRST 1,311
PROGRAM ESTABLISHED UNDER CHAPTER 5107. OF THE REVISED CODE; 1,313
(C) COMPLY WITH FEDERAL STATUTES AND REGULATIONS AND STATE 1,316
LAW;
(D) BE ADOPTED BY RESOLUTION OF A BOARD OF COUNTY 1,318
COMMISSIONERS; 1,319
(E) SPECIFY HOW THE AGREEMENT, CONTRACT, OR PLAN MAY BE 1,321
AMENDED. 1,322
Sec. 307.986. IF A BOARD OF COUNTY COMMISSIONERS CONTRACTS 1,324
WITH A RELIGIOUS ORGANIZATION UNDER SECTION 307.981 OR 307.982 OF 1,325
THE REVISED CODE, THE RELIGIOUS ORGANIZATION SHALL COMPLY WITH 1,326
SECTION 104 OF THE PERSONAL RESPONSIBILITY AND WORK OPPORTUNITY 1,327
AND RECONCILIATION ACT OF 1996 (P.L. 104-193). 1,328
32
Sec. 319.16. The county auditor shall issue warrants on 1,337
the county treasurer for all moneys payable from the county 1,338
treasury, upon presentation of the proper order or voucher and 1,339
evidentiary matter for the moneys, and keep a record of all such 1,340
warrants showing the number, date of issue, amount for which 1,341
drawn, in whose favor, for what purpose, and on what fund. The 1,342
auditor shall not issue a warrant for the payment of any claim 1,343
against the county, unless it is allowed by the board of county 1,344
commissioners, except where the amount due is fixed by law or is 1,345
allowed by an officer or tribunal, including a county board of 1,346
mental health or county board of mental retardation and 1,347
developmental disabilities, so authorized by law. If the auditor 1,348
questions the validity of an expenditure that is within available 1,349
appropriations and for which a proper order or voucher and 1,350
evidentiary matter is presented, the auditor shall notify the 1,351
board, officer, or tribunal who presented the voucher. If the 1,352
board, officer, or tribunal determines that the expenditure is 1,353
valid and the auditor continues to refuse to issue the 1,354
appropriate warrant on the county treasury, a writ of mandamus 1,355
may be sought. The court shall issue a writ of mandamus for 1,356
issuance of the warrant if the court determines that the claim is 1,357
valid. 1,358
Evidentiary matter includes original invoices, receipts, 1,360
bills and checks, and legible copies of contracts. 1,361
If a financial institution and account have been designated 1,363
under section 329.03 of the Revised Code, financial assistance 1,364
payments made by the county auditor to a recipient of disability 1,366
assistance pursuant to Chapter 5115. of the Revised Code shall be 1,367
made by direct deposit to the account of the recipient in the 1,368
financial institution. If payments to recipients of aid to 1,369
dependent children under Chapter 5107. of the Revised Code are 1,371
being made by the county auditor under section 5107.01 of the 1,372
Revised Code and a financial institution and account have been 1,373
designated under section 329.03 of the Revised Code, payments for 1,374
33
aid to dependent children shall be made by direct deposit to the 1,376
account of the recipient in the financial institution. The 1,377
county auditor shall contract with an authorized financial 1,378
institution for the services necessary to make such direct 1,379
deposits and draw lump sum warrants payable to that institution 1,380
in the amount of the payments to be transferred.
Sec. 5107.15 329.022. Within the appropriation for 1,389
personal services, each county administration DEPARTMENT OF HUMAN 1,391
SERVICES may employ the necessary employees who, except for the 1,392
county director of human services as provided in section 329.02 1,393
of the Revised Code, shall be in the classified service. 1,394
Compensation for positions in each service, group, or grade 1,395
established by the director of administrative services shall not 1,397
be less than the minimum nor more than the maximum rates
established by the director for such positions. The department 1,398
of human services shall cooperate with the director in 1,399
establishing the qualifications of persons to be employed, and 1,401
the classification and rates of compensation of such positions 1,402
under sections 5107.01 to 5107.15 of the Revised Code COUNTY 1,403
DEPARTMENT EMPLOYEES. 1,404
Sec. 329.03. (A) As used in this section: 1,413
(1) "Applicant" or "recipient" means an applicant for or 1,415
recipient of aid to dependent children PARTICIPANT IN THE WORK 1,416
COMPONENT OF THE OHIO WORKS FIRST PROGRAM ESTABLISHED under 1,417
Chapter 5107. of the Revised Code or AN APPLICANT FOR OR 1,419
RECIPIENT OF disability assistance under Chapter 5115. of the 1,420
Revised Code. 1,421
(2) "Voluntary direct deposit" means a system established 1,423
pursuant to this section under which CASH assistance payments to 1,424
recipients who agree to direct deposit are made by direct deposit 1,425
by electronic transfer to an account in a financial institution 1,426
designated under this section. 1,427
(3) "Mandatory direct deposit" means a system established 1,429
pursuant to this section under which CASH assistance payments to 1,430
34
all recipients of aid to dependent children THE WORK COMPONENT OF 1,432
THE OHIO WORKS FIRST PROGRAM or disability assistance, other than 1,434
those exempt under division (E) of this section, are made by
direct deposit by electronic transfer to an account in a 1,435
financial institution designated under this section. 1,436
(B) Any A board of county commissioners may by adoption of 1,438
a resolution require the county department of human services to 1,439
establish a direct deposit system for distributing CASH 1,440
assistance payments under aid to dependent children THE WORK 1,441
COMPONENT OF OHIO WORKS FIRST, disability assistance, or both 1,443
programs, UNLESS THE DIRECTOR OF HUMAN SERVICES HAS PROVIDED FOR 1,445
THOSE PAYMENTS TO BE MADE BY ELECTRONIC BENEFIT TRANSFER PURSUANT
TO SECTION 5101.33 OF THE REVISED CODE. Voluntary OR MANDATORY 1,447
direct deposit may be applied to either of the programs; 1,449
mandatory direct deposit may be applied to the disability
assistance program and, unless prohibited by federal law, to the 1,452
aid to dependent children program. The resolution shall specify 1,455
for each program for which direct deposit is to be established 1,456
whether direct deposit is voluntary or mandatory. The board may 1,457
require the department to change or terminate direct deposit by 1,458
adopting a resolution to change or terminate it. Within ninety 1,459
days after adopting a resolution under this division, the board 1,460
shall certify one copy of the resolution to the state director of 1,461
human services and one copy to the office of budget and 1,462
management. The state department of human services may adopt 1,463
rules governing establishment of direct deposit by county 1,464
departments of human services.
The county department of human services shall determine 1,466
what type of account will be used for direct deposit and 1,467
negotiate with financial institutions to determine the charges, 1,468
if any, to be imposed by a financial institution for establishing 1,469
and maintaining such accounts. Under voluntary direct deposit, 1,470
the county department of human services may pay all charges 1,471
imposed by a financial institution for establishing and 1,472
35
maintaining an account in which direct deposits are made for a 1,473
recipient. Under mandatory direct deposit, the county department 1,474
of human services shall pay all charges imposed by a financial 1,475
institution for establishing and maintaining such an account. No 1,476
financial institution shall impose any charge for such an account 1,477
that the institution does not impose on its other customers for 1,478
the same type of account. Direct deposit does not affect the 1,479
exemption of aid to dependent children THE WORK COMPONENT and 1,481
disability assistance from attachment, garnishment, or other like 1,482
process afforded by sections 5107.12 5107.75 and 5115.07 of the 1,484
Revised Code. 1,485
(C) The county department of human services shall, within 1,487
sixty days after a resolution requiring the establishment of 1,488
direct deposit is adopted, establish procedures governing direct 1,489
deposit. 1,490
Within one hundred eighty days after the resolution is 1,492
adopted, the county department shall: 1,493
(1) Inform each applicant or recipient of the procedures 1,495
governing direct deposit, including in the case of voluntary 1,496
direct deposit those that prescribe the conditions under which a 1,497
recipient may change from one method of payment to another; 1,498
(2) Obtain from each applicant or recipient an 1,500
authorization form to designate a financial institution equipped 1,503
for and authorized by law to accept direct deposits by electronic 1,504
transfer and the account into which the applicant or recipient 1,505
wishes the payments to be made, or in the case of voluntary 1,506
direct deposit states the applicant's or recipient's election to 1,507
receive such payments in the form of a paper warrant. 1,509
The department may require a recipient to complete a new 1,511
authorization form whenever the department considers it 1,512
necessary. 1,513
A recipient's designation of a financial institution and 1,515
account shall remain in effect until withdrawn in writing or 1,516
dishonored by the financial institution, except that no change 1,517
36
may be made in the authorization form until the next eligibility 1,518
redetermination of the recipient unless the department feels that 1,519
good grounds exist for an earlier change. 1,520
(D) An applicant or recipient without an account who 1,522
either agrees or is required to receive payments by direct 1,523
deposit shall have ten days after receiving the authorization 1,524
form to designate an account suitable for direct deposit. If 1,525
within the required time the applicant or recipient does not make 1,526
the designation or requests that the department make the 1,528
designation, the department shall designate a financial 1,530
institution and help the recipient to open an account. 1,531
(E) At the time of giving an applicant or recipient the 1,533
authorization form, the county department of human services of a 1,535
county with mandatory direct deposit shall inform each applicant 1,536
or recipient of the basis for exemption and the right to request 1,537
exemption from direct deposit. 1,538
Under mandatory direct deposit, an applicant or recipient 1,540
who wishes to receive payments in the form of a paper warrant 1,541
shall record on the authorization form a request for exemption 1,542
under this division and the basis for the exemption. 1,543
The department shall exempt from mandatory direct deposit 1,545
any recipient who requests exemption and is any of the following: 1,546
(1) Over age sixty-five; 1,548
(2) Blind or disabled; 1,550
(3) Likely, in the judgment of the department, to be 1,552
caused personal hardship by direct deposit. 1,553
A recipient granted an exemption under this division shall 1,555
receive payments for which the recipient is eligible in the form 1,556
of paper warrants. 1,557
(F) The county department of human services shall bear the 1,559
full cost of the amount of any replacement warrant issued to a 1,560
recipient for whom an authorization form as provided in this 1,561
section has not been obtained within one hundred eighty days 1,562
after the later of the date the board of county commissioners 1,563
37
adopts a resolution requiring payments of financial assistance by 1,564
direct deposit to accounts of recipients of aid to dependent 1,565
children THE WORK COMPONENT or disability assistance or the date 1,567
the recipient made application for assistance, and shall not be 1,568
reimbursed by the state for any part of the cost. Thereafter, 1,569
the county department of human services shall continue to bear 1,570
the full cost of each replacement warrant issued until the board 1,571
of county commissioners requires the county department of human 1,572
services to obtain from each such recipient the authorization 1,573
forms as provided in this section.
Sec. 329.04. (A) The county department of human services 1,582
shall have, exercise, and perform, under the control and 1,583
direction of the board of county commissioners, the following 1,584
powers and duties: 1,585
(A) To be the "county administration" for all purposes of 1,588
Chapter 5107. of the Revised Code;
(B)(1) To perform PERFORM any duties assigned by the 1,591
department of human services regarding the provision of public
social services, including the provision of THE FOLLOWING 1,592
services authorized under Title IV-A and Title XX of the "Social 1,594
Security Act," 49 Stat. 620 (1935), 42 U.S.C. 301, as amended, to 1,595
prevent or reduce economic or personal dependency and to 1,596
strengthen family life, or, if:
(a) SERVICES AUTHORIZED BY TITLE IV-A OF THE "SOCIAL 1,602
SECURITY ACT," 49 STAT. 620 (1935), 42 U.S.C.A. 301, AS AMENDED, 1,606
AND KNOWN IN THIS STATE AS THE OHIO WORKS FIRST PROGRAM 1,607
ESTABLISHED BY CHAPTER 5107. OF THE REVISED CODE; 1,610
(b) SOCIAL SERVICES AUTHORIZED BY TITLE XX OF THE "SOCIAL 1,615
SECURITY ACT" AND PROVIDED FOR BY SECTION 5101.46 OF THE REVISED 1,619
CODE; 1,620
(c) IF the county department is designated as the child 1,623
support enforcement agency under section 2301.35 of the Revised 1,624
Code, to perform or contract with other government agencies to 1,625
perform, services authorized under BY Title IV-D of the "Social 1,626
38
Security Act," 88 Stat. 2351 (1975), 42 U.S.C. 651, as amended 1,628
AND PROVIDED FOR BY SECTIONS 2301.34 TO 2301.44 OF THE REVISED 1,631
CODE. THE COUNTY DEPARTMENT MAY PERFORM THE SERVICES ITSELF OR 1,632
CONTRACT WITH OTHER GOVERNMENT ENTITIES, AND, PURSUANT TO 1,633
DIVISION (C) OF SECTION 2301.35 AND SECTION 2301.42 OF THE 1,635
REVISED CODE, PRIVATE ENTITIES, TO PERFORM THE TITLE IV-D 1,638
SERVICES. 1,639
(2) The county department of human services shall, in the 1,641
development of the county plan for the administration of public 1,642
social services under Title XX of the "Social Security Act," 88 1,643
Stat. 2337, 42 U.S.C. 1397, as amended, do both of the following: 1,644
(a) Consider the comments and recommendations made during 1,646
local public hearings held under section 329.07 of the Revised 1,647
Code; 1,648
(b) Prepare a local needs report analyzing local need for 1,650
Title XX services in compliance with the guidelines developed by 1,651
the department of human services pursuant to section 5101.461 of 1,652
the Revised Code. The county department of human services shall 1,653
consider the local needs report in the development of the county 1,654
Title XX plan. 1,655
The plan shall list the services for which descriptions are 1,657
established under division (D)(4) of section 5101.46 of the 1,658
Revised Code that will be provided by the county with Title XX 1,659
funds and the eligibility categories listed under divisions 1,660
(E)(1), (2), and (3) of section 5101.46 of the Revised Code that 1,661
will be provided with each of these services. 1,662
(3) The county department, upon approval of the 1,664
comprehensive social services program plan by the general 1,665
assembly under section 5101.461 of the Revised Code and prior to 1,666
the effective date of the plan, shall take steps necessary to 1,667
ensure the efficient administration of public social services 1,668
under the plan, including the negotiation of contracts with 1,669
providers of services and the performance of other duties 1,670
assigned to it by the department of human services. 1,671
39
(C) To administer ADMINISTER disability assistance under 1,673
Chapter 5115. of the Revised Code as required by the state 1,674
department of human services; 1,675
(D) To administer (3) ADMINISTER burials insofar as the 1,678
administration of burials was, prior to September 12, 1947,
imposed upon the board; 1,679
(E) To cooperate (4) COOPERATE with state and federal 1,681
authorities in any matter relating to human services and to act 1,682
as the agent of such authorities; 1,683
(F) To submit (5) SUBMIT an annual account of its work 1,686
and expenses to the board OF COUNTY COMMISSIONERS and to the
department of human services at the close of each fiscal year; 1,687
(G) To exercise (6) EXERCISE any powers and duties 1,689
relating to human services imposed upon the county department of 1,690
human services by law, by resolution of the board of county 1,691
commissioners, or by order of the governor, when authorized by 1,692
law, to meet emergencies during war or peace. The board may 1,693
designate the county department of human services to exercise and 1,694
perform any additional human services powers and duties which the 1,695
board has.
(H) To determine; 1,697
(7) DETERMINE the eligibility for medical assistance of 1,700
recipients of aid under Title XVI of the "Social Security Act," 1,701
49 Stat. 620 (1935), 42 U.S.C. 301, as amended; 1,703
(I) If the county department is designated as the child 1,705
support enforcement agency under section 2301.35 of the Revised 1,706
Code, to operate the agency in accordance with sections 2301.34 1,707
to 2301.44 of the Revised Code; 1,708
(8) ENTER INTO A PLAN OF COOPERATION WITH THE BOARD OF 1,710
COUNTY COMMISSIONERS UNDER SECTION 307.983, CONSULT WITH THE 1,714
BOARD IN THE DEVELOPMENT OF THE TRANSPORTATION WORK PLAN
DEVELOPED UNDER SECTION 307.984, AND COMPLY WITH THE PARTNERSHIP 1,716
AGREEMENT THE BOARD ENTERS INTO UNDER SECTION 307.98 AND 1,717
CONTRACTS THE BOARD ENTERS INTO UNDER SECTIONS 307.981 AND 1,718
40
307.982 OF THE REVISED CODE THAT AFFECT THE COUNTY DEPARTMENT.
(B) THE POWERS AND DUTIES OF A COUNTY DEPARTMENT OF HUMAN 1,721
SERVICES ARE, AND SHALL BE EXERCISED AND PERFORMED, UNDER THE 1,722
CONTROL AND DIRECTION OF THE BOARD OF COUNTY COMMISSIONERS. THE 1,723
BOARD MAY ASSIGN TO THE COUNTY DEPARTMENT ANY POWER OR DUTY OF 1,724
THE BOARD REGARDING HUMAN SERVICES.
Sec. 329.043. (A) Every child support enforcement agency 1,733
designated under section 2301.35 of the Revised Code shall 1,734
maintain a separate account for the deposit of support payments 1,735
it receives as trustee for remittance to the persons entitled to 1,736
receive the support payments and shall disburse those payments to 1,737
the persons entitled to receive them under the support order. 1,738
(B) A child support enforcement agency that receives 1,740
support payments shall disburse each support payment received by 1,741
it to the appropriate persons within two business days after the 1,742
agency receives the support payment. The state department of 1,743
human services may adopt, revise, or amend rules under Chapter 1,744
119. of the Revised Code to assist in the implementation of this 1,745
division. 1,746
(C) Each child support enforcement agency shall retain and 1,748
use solely for support enforcement activities, all interest 1,749
earned on moneys in any account maintained pursuant to division 1,750
(A) of this section. 1,751
Sec. 329.05. The county department of human services may 1,761
administer or assist in administering any state or local public 1,762
welfare HUMAN SERVICES activity other than IN ADDITION TO those 1,764
mentioned in section 329.04 of the Revised Code, supported wholly 1,765
or in part by public funds from any source provided by agreement 1,766
between the board of county commissioners and the officer, 1,767
department, board, or agency in which the administration of such 1,768
activity is vested. Such officer, department, board, or agency 1,769
may enter into such agreement and confer upon the county 1,770
department of human services, to the extent and in particulars 1,771
specified in the agreement, the performance of any duties and the 1,772
41
exercise of any powers imposed upon or vested in such officer, 1,773
board, department, or agency, with respect to the administration 1,774
of such activity. Such agreement shall be in the form of a 1,775
resolution of the board of county commissioners, accepted in 1,776
writing by the other party to the agreement, and filed in the 1,777
office of the county auditor, and when so filed, shall have the 1,778
effect of transferring the exercise of the powers and duties to 1,779
which the agreement relates and shall exempt the other party from 1,780
all further responsibility for the exercise of the powers and 1,781
duties so transferred, during the life of the agreement. Such 1,782
SUCH agreement SHALL BE COORDINATED AND NOT CONFLICT WITH A 1,784
PARTNERSHIP AGREEMENT ENTERED INTO UNDER SECTION 307.98, A 1,785
CONTRACT ENTERED INTO UNDER SECTION 307.981 OR 307.982, PLAN OF 1,786
COOPERATION ENTERED INTO UNDER SECTION 307.983, OR A 1,787
TRANSPORTATION WORK PLAN DEVELOPED UNDER SECTION 307.984 OF THE 1,788
REVISED CODE. IT may be revoked at the option of either party, 1,790
by a resolution or order of the revoking party filed in the 1,791
office of the auditor. Such revocation shall become effective at 1,792
the end of the fiscal year occurring at least six months 1,793
following the filing of the resolution or order. In the absence 1,794
of such an express revocation so filed, the agreement shall 1,795
continue indefinitely. This
THIS section does not permit a county department of human 1,796
services to manage or control county or district tuberculosis or 1,797
other hospitals, humane societies, detention homes, jails or 1,798
probation departments of courts, or veterans service commissions. 1,799
Sec. 329.051. The county department of human services 1,808
shall make available to persons who are applying for or receiving 1,809
assistance from the general assistance program, the disability 1,810
assistance program, the program for aid for dependent children, 1,812
and OR the medical assistance program OR APPLYING FOR OR 1,813
PARTICIPATING IN THE OHIO WORKS FIRST PROGRAM, voter registration 1,814
applications as prescribed by the secretary of state under 1,815
section 3503.10 of the Revised Code. 1,816
42
Sec. 329.06. The (A) EXCEPT AS PROVIDED IN DIVISION (C) 1,826
OF THIS SECTION, THE board of county commissioners shall appoint 1,827
ESTABLISH a county welfare advisory board. The board shall have 1,828
not less than nine nor more than seventeen members, the majority 1,829
of whom shall be consumers of services offered by the county 1,830
department of human services or by nonprofit private or public 1,831
agencies under contract with the department, or representatives 1,832
of such consumers. One member shall be the juvenile judge, or 1,833
his designee. At least one member shall be a representative, 1,834
other than an employee, of a nonpublic agency providing health or 1,835
social services in the county, two shall be members of the county 1,836
children services board in counties where there is such a board, 1,837
and at least one shall be a social worker. At least one member 1,838
shall be over sixty years of age. The members from the county 1,839
children services board shall be appointed by the county children 1,840
services board and the other members, excluding the juvenile 1,841
judge or his designee, shall be appointed by the board of county 1,842
commissioners. The terms of office of all members except the 1,843
juvenile judge or his designee shall be for three years. The 1,844
executive directors of the board of alcohol, drug addiction, and 1,845
mental health services and the county children services board and 1,846
the superintendent of the county board of mental retardation and 1,847
developmental disabilities shall be ex officio nonvoting members 1,848
of the board. 1,849
The board of county commissioners shall remove from 1,851
membership on the county welfare advisory board any person having 1,852
three consecutive unexcused absences from regular meetings, as 1,853
"unexcused absences" are defined by the advisory board. 1,854
Each person appointed shall serve until his successor is 1,856
appointed and qualified. Any vacancy shall be filled for the 1,857
unexpired term in the same manner as an original appointment. 1,858
Members of the county welfare advisory board shall serve as such 1,859
without compensation, except that they shall receive 1,860
reimbursement for necessary and actual expenses incurred in the 1,861
43
performance of their duties PLANNING COMMITTEE. THE BOARD SHALL 1,863
APPOINT A MEMBER TO REPRESENT THE COUNTY DEPARTMENT OF HUMAN 1,864
SERVICES, A MEMBER TO REPRESENT THE PUBLIC CHILDREN SERVICES 1,865
AGENCY, AND A MEMBER TO REPRESENT THE PUBLIC. THE BOARD SHALL
APPOINT OTHER INDIVIDUALS TO THE COMMITTEE IN SUCH A MANNER THAT 1,867
THE COMMITTEE'S MEMBERSHIP IS BROADLY REPRESENTATIVE OF THE 1,868
GROUPS OF INDIVIDUALS AND THE PUBLIC AND PRIVATE ENTITIES THAT 1,869
HAVE AN INTEREST IN THE SOCIAL SERVICES PROVIDED IN THE COUNTY. 1,870
THE BOARD SHALL MAKE APPOINTMENTS IN A MANNER THAT REFLECTS THE 1,871
ETHNIC AND RACIAL COMPOSITION OF THE COUNTY. THE FOLLOWING 1,872
GROUPS AND ENTITIES MAY BE REPRESENTED ON THE COMMITTEE: 1,873
(1) CONSUMERS OF SOCIAL SERVICES; 1,875
(2) PUBLIC ENTITIES THAT PROVIDE SOCIAL SERVICES, 1,877
INCLUDING BOARDS OF HEALTH, BOARDS OF EDUCATION, THE COUNTY BOARD 1,879
OF MENTAL RETARDATION AND DEVELOPMENTAL DISABILITIES, AND THE 1,880
BOARD OF ALCOHOL, DRUG ADDICTION, AND MENTAL HEALTH SERVICES THAT 1,881
SERVES THE COUNTY;
(3) PRIVATE NONPROFIT AND FOR-PROFIT ENTITIES THAT PROVIDE 1,884
SOCIAL SERVICES IN THE COUNTY OR THAT ADVOCATE FOR CONSUMERS OF 1,885
SOCIAL SERVICES IN THE COUNTY;
(4) LABOR ORGANIZATIONS; 1,887
(5) ANY OTHER GROUP OR ENTITY THAT HAS AN INTEREST IN THE 1,889
SOCIAL SERVICES PROVIDED IN THE COUNTY, INCLUDING GROUPS OR 1,890
ENTITIES THAT REPRESENT ANY OF THE COUNTY'S BUSINESS, URBAN, AND 1,891
RURAL SECTORS. 1,892
(B) THE COUNTY HUMAN SERVICES PLANNING COMMITTEE SHALL DO 1,895
ALL OF THE FOLLOWING: 1,896
(1) SERVE AS AN ADVISORY BODY TO THE BOARD OF COUNTY 1,898
COMMISSIONERS WITH REGARD TO THE SOCIAL SERVICES PROVIDED IN THE 1,899
COUNTY, INCLUDING ASSISTANCE UNDER CHAPTER 5107. OF THE REVISED 1,903
CODE, PUBLICLY FUNDED CHILD DAY-CARE UNDER CHAPTER 5104. OF THE 1,905
REVISED CODE, AND SOCIAL SERVICES PROVIDED UNDER SECTION 5101.46 1,907
OF THE REVISED CODE; 1,909
(2) PROVIDE COMMENTS AND RECOMMENDATIONS TO THE BOARD 1,911
44
PRIOR TO THE BOARD'S ENTERING INTO OR AMENDING A PARTNERSHIP 1,912
AGREEMENT WITH THE DIRECTOR OF HUMAN SERVICES UNDER SECTION 1,913
307.98 OF THE REVISED CODE; 1,914
(3) CONDUCT PUBLIC HEARINGS ON PROPOSED COUNTY PROFILES 1,917
FOR THE PROVISION OF SOCIAL SERVICES UNDER SECTION 5101.46 OF THE 1,918
REVISED CODE; 1,920
(4) AT THE REQUEST OF THE BOARD, MAKE RECOMMENDATIONS AND 1,922
PROVIDE ASSISTANCE REGARDING THE SOCIAL SERVICES PROVIDED IN THE 1,923
COUNTY; 1,924
(5) AT ANY OTHER TIME THE COMMITTEE CONSIDERS APPROPRIATE, 1,927
CONSULT WITH THE BOARD AND MAKE RECOMMENDATIONS REGARDING THE 1,928
SOCIAL SERVICES PROVIDED IN THE COUNTY. THE COMMITTEE'S 1,929
RECOMMENDATIONS MAY ADDRESS THE FOLLOWING:
(a) IMPLEMENTATION AND ADMINISTRATION OF SOCIAL SERVICE 1,932
PROGRAMS;
(b) USE OF FEDERAL, STATE, AND LOCAL FUNDS AVAILABLE FOR 1,935
SOCIAL SERVICE PROGRAMS;
(c) ESTABLISHMENT OF GOALS TO BE ACHIEVED BY SOCIAL 1,938
SERVICE PROGRAMS;
(d) EVALUATION OF THE OUTCOMES OF SOCIAL SERVICE PROGRAMS; 1,941
(e) ANY OTHER MATTER THE BOARD CONSIDERS RELEVANT TO THE 1,944
PROVISION OF SOCIAL SERVICES.
(C) IF THERE IS A COMMITTEE IN EXISTENCE IN A COUNTY ON 1,947
THE EFFECTIVE DATE OF THIS AMENDMENT THAT THE BOARD OF COUNTY 1,948
COMMISSIONERS DETERMINES IS CAPABLE OF FULFILLING THE 1,949
RESPONSIBILITIES OF A COUNTY HUMAN SERVICES PLANNING COMMITTEE, 1,950
THE BOARD MAY DESIGNATE THE COMMITTEE AS THE COUNTY'S HUMAN 1,951
SERVICES PLANNING COMMITTEE AND THE COMMITTEE SHALL SERVE IN THAT 1,952
CAPACITY.
Sec. 329.09. All moneys received by each county from the 1,961
state, or from the federal government under the "Social Security 1,962
Act," or any act of the congress amendatory of or in substitution 1,963
for such act, for aid to dependent children OHIO WORKS FIRST 1,964
UNDER CHAPTER 5107. OF THE REVISED CODE or for any other welfare 1,965
45
activity, shall be considered appropriated for the purposes for 1,967
which such moneys were received.
Sec. 2151.011. (A) As used in the Revised Code: 1,979
(1) "Juvenile court" means the division of the court of 1,981
common pleas or a juvenile court separately and independently 1,982
created having jurisdiction under this chapter. 1,983
(2) "Juvenile judge" means a judge of a court having 1,985
jurisdiction under this chapter. 1,986
(3) "PRIVATE CHILD PLACING AGENCY" MEANS ANY ASSOCIATION, 1,988
AS DEFINED IN SECTION 5103.02 OF THE REVISED CODE, THAT IS 1,989
CERTIFIED PURSUANT TO SECTIONS 5103.03 TO 5103.05 OF THE REVISED 1,990
CODE TO ACCEPT TEMPORARY, PERMANENT, OR LEGAL CUSTODY OF CHILDREN 1,991
AND PLACE THE CHILDREN FOR EITHER FOSTER CARE OR ADOPTION. 1,992
(4) "PRIVATE NONCUSTODIAL AGENCY" MEANS ANY PERSON, 1,994
ORGANIZATION, ASSOCIATION, OR SOCIETY CERTIFIED BY THE DEPARTMENT 1,995
OF HUMAN SERVICES THAT DOES NOT ACCEPT TEMPORARY OR PERMANENT 1,996
LEGAL CUSTODY OF CHILDREN, THAT IS PRIVATELY OPERATED IN THIS 1,997
STATE, AND THAT DOES ONE OR MORE OF THE FOLLOWING: 1,998
(a) RECEIVES AND CARES FOR CHILDREN FOR TWO OR MORE 2,000
CONSECUTIVE WEEKS; 2,001
(b) PARTICIPATES IN THE PLACEMENT OF CHILDREN IN FAMILY 2,003
FOSTER HOMES; 2,004
(c) PROVIDES ADOPTION SERVICES IN CONJUNCTION WITH A 2,006
PUBLIC CHILDREN SERVICES AGENCY OR PRIVATE CHILD PLACING AGENCY. 2,007
(B) As used in this chapter: 2,009
(1) "ADEQUATE PARENTAL CARE" MEANS THE PROVISION BY A 2,011
CHILD'S PARENT OR PARENTS, GUARDIAN, OR CUSTODIAN OF ADEQUATE 2,012
FOOD, CLOTHING, AND SHELTER TO ENSURE THE CHILD'S HEALTH AND 2,013
PHYSICAL SAFETY AND THE PROVISION BY A CHILD'S PARENT OR PARENTS 2,014
OF SPECIALIZED SERVICES WARRANTED BY THE CHILD'S PHYSICAL OR 2,015
MENTAL NEEDS. 2,016
(2) "ADULT" MEANS AN INDIVIDUAL WHO IS EIGHTEEN YEARS OF 2,018
AGE OR OLDER. 2,019
(3) "AGREEMENT FOR TEMPORARY CUSTODY" MEANS A VOLUNTARY 2,021
46
AGREEMENT AUTHORIZED BY SECTION 5103.15 OF THE REVISED CODE THAT 2,023
TRANSFERS THE TEMPORARY CUSTODY OF A CHILD TO A PUBLIC CHILDREN 2,024
SERVICES AGENCY OR A PRIVATE CHILD PLACING AGENCY. 2,025
(4) "BABYSITTING CARE" MEANS CARE PROVIDED FOR A CHILD 2,027
WHILE THE PARENTS, GUARDIAN, OR LEGAL CUSTODIAN OF THE CHILD ARE 2,028
TEMPORARILY AWAY. 2,029
(5) "CERTIFIED FAMILY FOSTER HOME" MEANS A FAMILY FOSTER 2,031
HOME OPERATED BY PERSONS HOLDING A CERTIFICATE IN FORCE, ISSUED 2,032
UNDER SECTION 5103.03 OF THE REVISED CODE. 2,033
(6)(a) "Child" means a person who is under eighteen years 2,036
of age, except as otherwise provided in divisions (B)(1)(6)(b) to 2,037
(f) of this section. 2,038
(b) Subject to division (B)(1)(6)(c) of this section, any 2,041
person who violates a federal or state law or municipal ordinance 2,042
prior to attaining eighteen years of age shall be deemed a
"child" irrespective of that person's age at the time the 2,043
complaint is filed or the hearing on the complaint is held. 2,044
(c) Any person who, while under eighteen years of age, 2,047
commits an act that would be a felony if committed by an adult 2,048
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 2,049
child in relation to that act. 2,050
(d) Any person whose case is transferred for criminal 2,052
prosecution pursuant to division (B) or (C) of section 2151.26 of 2,053
the Revised Code shall after the transfer be deemed not to be a 2,054
child in the transferred case. 2,055
(e) Subject to division (B)(1)(6)(f) of this section, any 2,058
person whose case is transferred for criminal prosecution 2,059
pursuant to division (B) or (C) of section 2151.26 of the Revised 2,060
Code and who subsequently is convicted of or pleads guilty to a 2,061
felony in that case shall after the transfer be deemed not to be 2,063
a child in any case in which the person is alleged to have 2,065
committed prior to or subsequent to the transfer an act that 2,067
would be an offense if committed by an adult. Division 2,068
47
(B)(1)(6)(e) of this section applies to a case regardless of 2,069
whether the prior or subsequent act that is alleged in the case 2,071
and that would be an offense if committed by an adult allegedly 2,072
was committed in the same county in which the case was 2,074
transferred or in another county and regardless of whether the
complaint in the case involved was filed in the same county in 2,075
which the case was transferred or in another county. Division 2,076
(B)(1)(6)(e) of this section applies to a case that involves an 2,078
act committed prior to the transfer only when the prior act 2,079
alleged in the case has not been disposed of by a juvenile court
or trial court. 2,080
(f) Notwithstanding division (B)(1)(6)(e) of this section, 2,083
if a person's case is transferred for criminal prosecution
pursuant to division (B) or (C) of section 2151.26 of the Revised 2,085
Code and if the person subsequently is convicted of or pleads 2,086
guilty to a felony in that case, thereafter, the person shall be
considered a child solely for the following purposes in relation 2,087
to any act the person subsequently commits that would be an 2,088
offense if committed by an adult: 2,089
(i) For purposes of the filing of a complaint alleging 2,091
that the child is a delinquent child for committing the act that 2,092
would be an offense if committed by an adult; 2,093
(ii) For purposes of the juvenile court conducting a 2,095
hearing under division (B) of section 2151.26 of the Revised Code 2,097
relative to the complaint described in division (B)(1)(6)(f)(i) 2,098
of this section to determine whether division (B)(1) of section 2,099
2151.26 of the Revised Code applies and requires that the case be 2,101
transferred for criminal prosecution to the appropriate court 2,102
having jurisdiction of the offense.
(2) "Adult" means an individual who is eighteen years of 2,104
age or older. 2,105
(3)(7) "CHILD DAY CAMP," "CHILD DAY-CARE," "CHILD DAY-CARE 2,107
CENTER," "PART-TIME CHILD DAY-CARE CENTER," "TYPE A FAMILY 2,110
DAY-CARE HOME," "CERTIFIED TYPE B FAMILY DAY-CARE HOME," "TYPE B 2,111
48
HOME," "ADMINISTRATOR OF A CHILD DAY-CARE CENTER," "ADMINISTRATOR 2,113
OF A TYPE A FAMILY DAY-CARE HOME," "IN-HOME AIDE," AND 2,114
"AUTHORIZED PROVIDER" HAVE THE SAME MEANINGS AS IN SECTION 2,115
5104.01 OF THE REVISED CODE.
(8) "CHILD DAY-CARE PROVIDER" MEANS AN INDIVIDUAL WHO IS A 2,118
CHILD-CARE STAFF MEMBER OR ADMINISTRATOR OF A CHILD DAY-CARE
CENTER, A TYPE A FAMILY DAY-CARE HOME, OR A TYPE B FAMILY 2,119
DAY-CARE HOME, OR AN IN-HOME AIDE OR AN INDIVIDUAL WHO IS 2,120
LICENSED, IS REGULATED, IS APPROVED, OPERATES UNDER THE DIRECTION 2,121
OF, OR OTHERWISE IS CERTIFIED BY THE DEPARTMENT OF HUMAN 2,122
SERVICES, DEPARTMENT OF MENTAL RETARDATION AND DEVELOPMENTAL 2,123
DISABILITIES, OR THE EARLY CHILDHOOD PROGRAMS OF THE DEPARTMENT 2,124
OF EDUCATION. 2,125
(9) "COMMIT" MEANS TO VEST CUSTODY AS ORDERED BY THE 2,127
COURT. 2,128
(10) "COUNSELING" INCLUDES BOTH OF THE FOLLOWING: 2,130
(a) GENERAL COUNSELING SERVICES PERFORMED BY A PUBLIC 2,133
CHILDREN SERVICES AGENCY OR SHELTER FOR VICTIMS OF DOMESTIC 2,134
VIOLENCE TO ASSIST A CHILD, A CHILD'S PARENTS, AND A CHILD'S 2,135
SIBLINGS IN ALLEVIATING IDENTIFIED PROBLEMS THAT MAY CAUSE OR 2,137
HAVE CAUSED THE CHILD TO BE AN ABUSED, NEGLECTED, OR DEPENDENT 2,138
CHILD.
(b) PSYCHIATRIC OR PSYCHOLOGICAL THERAPEUTIC COUNSELING 2,141
SERVICES PROVIDED TO CORRECT OR ALLEVIATE ANY MENTAL OR EMOTIONAL 2,143
ILLNESS OR DISORDER AND PERFORMED BY A LICENSED PSYCHIATRIST,
LICENSED PSYCHOLOGIST, OR A PERSON LICENSED UNDER CHAPTER 4757. 2,144
OF THE REVISED CODE TO ENGAGE IN SOCIAL WORK OR PROFESSIONAL 2,145
COUNSELING.
(11) "CUSTODIAN" MEANS A PERSON WHO HAS LEGAL CUSTODY OF A 2,147
CHILD OR A PUBLIC CHILDREN SERVICES AGENCY OR PRIVATE CHILD 2,148
PLACING AGENCY THAT HAS PERMANENT, TEMPORARY, OR LEGAL CUSTODY OF 2,149
A CHILD. 2,150
(12) "Detention" means the temporary care of children 2,152
pending court adjudication or disposition, or execution of a 2,153
49
court order, in a public or private facility designed to 2,154
physically restrict the movement and activities of children. 2,155
(4)(13) "DEVELOPMENTAL DISABILITY" HAS THE SAME MEANING AS 2,157
IN SECTION 5123.01 OF THE REVISED CODE. 2,159
(14) "FAMILY FOSTER HOME" MEANS A PRIVATE RESIDENCE IN 2,161
WHICH CHILDREN ARE RECEIVED APART FROM THEIR PARENTS, GUARDIAN, 2,162
OR LEGAL CUSTODIAN BY AN INDIVIDUAL FOR HIRE, GAIN, OR REWARD FOR 2,163
NONSECURE CARE, SUPERVISION, OR TRAINING TWENTY-FOUR HOURS A DAY. 2,164
"FAMILY FOSTER HOME" DOES NOT INCLUDE BABYSITTING CARE PROVIDED 2,165
FOR A CHILD IN THE HOME OF A PERSON OTHER THAN THE HOME OF THE 2,166
PARENTS, GUARDIAN, OR LEGAL CUSTODIAN OF THE CHILD. 2,167
(15) "FOSTER HOME" MEANS A FAMILY HOME IN WHICH ANY CHILD 2,169
IS RECEIVED APART FROM THE CHILD'S PARENTS FOR CARE, SUPERVISION, 2,170
OR TRAINING. 2,172
(16) "GUARDIAN" MEANS A PERSON, ASSOCIATION, OR 2,174
CORPORATION THAT IS GRANTED AUTHORITY BY A PROBATE COURT PURSUANT 2,175
TO CHAPTER 2111. OF THE REVISED CODE TO EXERCISE PARENTAL RIGHTS 2,176
OVER A CHILD TO THE EXTENT PROVIDED IN THE COURT'S ORDER AND 2,177
SUBJECT TO THE RESIDUAL PARENTAL RIGHTS OF THE CHILD'S PARENTS. 2,178
(17) "LEGAL CUSTODY" MEANS A LEGAL STATUS THAT VESTS IN 2,180
THE CUSTODIAN THE RIGHT TO HAVE PHYSICAL CARE AND CONTROL OF THE 2,181
CHILD AND TO DETERMINE WHERE AND WITH WHOM THE CHILD SHALL LIVE, 2,182
AND THE RIGHT AND DUTY TO PROTECT, TRAIN, AND DISCIPLINE THE 2,184
CHILD AND TO PROVIDE THE CHILD WITH FOOD, SHELTER, EDUCATION, AND 2,185
MEDICAL CARE, ALL SUBJECT TO ANY RESIDUAL PARENTAL RIGHTS, 2,187
PRIVILEGES, AND RESPONSIBILITIES. AN INDIVIDUAL GRANTED LEGAL 2,188
CUSTODY SHALL EXERCISE THE RIGHTS AND RESPONSIBILITIES PERSONALLY 2,189
UNLESS OTHERWISE AUTHORIZED BY ANY SECTION OF THE REVISED CODE OR 2,190
BY THE COURT. 2,191
(18) "LONG-TERM FOSTER CARE" MEANS AN ORDER OF A JUVENILE 2,193
COURT PURSUANT TO WHICH BOTH OF THE FOLLOWING APPLY: 2,194
(a) LEGAL CUSTODY OF A CHILD IS GIVEN TO A PUBLIC CHILDREN 2,196
SERVICES AGENCY OR A PRIVATE CHILD PLACING AGENCY WITHOUT THE 2,197
TERMINATION OF PARENTAL RIGHTS. 2,198
50
(b) THE AGENCY IS PERMITTED TO MAKE AN APPROPRIATE 2,200
PLACEMENT OF THE CHILD AND TO ENTER INTO A WRITTEN LONG-TERM 2,201
FOSTER CARE AGREEMENT WITH A FOSTER CARE PROVIDER OR WITH ANOTHER 2,202
PERSON OR AGENCY WITH WHOM THE CHILD IS PLACED. 2,203
(19) "MENTAL ILLNESS" AND "MENTALLY ILL PERSON SUBJECT TO 2,205
HOSPITALIZATION BY COURT ORDER" HAVE THE SAME MEANINGS AS IN 2,206
SECTION 5122.01 OF THE REVISED CODE. 2,207
(20) "MENTAL INJURY" MEANS ANY BEHAVIORAL, COGNITIVE, 2,209
EMOTIONAL, OR MENTAL DISORDER IN A CHILD CAUSED BY AN ACT OR 2,210
OMISSION THAT IS DESCRIBED IN SECTION 2919.22 OF THE REVISED CODE 2,211
AND IS COMMITTED BY THE PARENT OR OTHER PERSON RESPONSIBLE FOR 2,213
THE CHILD'S CARE.
(21) "MENTALLY RETARDED PERSON" HAS THE SAME MEANING AS IN 2,215
SECTION 5123.01 OF THE REVISED CODE. 2,216
(22) "NONSECURE CARE, SUPERVISION, OR TRAINING" MEANS 2,218
CARE, SUPERVISION, OR TRAINING OF A CHILD IN A FACILITY THAT DOES 2,219
NOT CONFINE OR PREVENT MOVEMENT OF THE CHILD WITHIN THE FACILITY 2,220
OR FROM THE FACILITY. 2,221
(23) "ORGANIZATION" MEANS ANY INSTITUTION, PUBLIC, 2,223
SEMIPUBLIC, OR PRIVATE, AND ANY PRIVATE ASSOCIATION, SOCIETY, OR 2,224
AGENCY LOCATED OR OPERATING IN THE STATE, INCORPORATED OR 2,225
UNINCORPORATED, HAVING AMONG ITS FUNCTIONS THE FURNISHING OF 2,226
PROTECTIVE SERVICES OR CARE FOR CHILDREN, OR THE PLACEMENT OF 2,227
CHILDREN IN FOSTER HOMES OR ELSEWHERE. 2,228
(24) "OUT-OF-HOME CARE" MEANS DETENTION FACILITIES, 2,230
SHELTER FACILITIES, FOSTER HOMES, CERTIFIED FOSTER HOMES, 2,231
PLACEMENT IN A PROSPECTIVE ADOPTIVE HOME PRIOR TO THE ISSUANCE OF 2,232
A FINAL DECREE OF ADOPTION, ORGANIZATIONS, CERTIFIED 2,233
ORGANIZATIONS, CHILD DAY-CARE CENTERS, TYPE A FAMILY DAY-CARE 2,234
HOMES, CHILD DAY-CARE PROVIDED BY TYPE B FAMILY DAY-CARE HOME 2,235
PROVIDERS AND BY IN-HOME AIDES, GROUP HOME PROVIDERS, GROUP 2,236
HOMES, INSTITUTIONS, STATE INSTITUTIONS, RESIDENTIAL FACILITIES, 2,237
RESIDENTIAL CARE FACILITIES, RESIDENTIAL CAMPS, DAY CAMPS, 2,238
HOSPITALS, AND MEDICAL CLINICS THAT ARE RESPONSIBLE FOR THE CARE, 2,239
51
PHYSICAL CUSTODY, OR CONTROL OF CHILDREN. 2,240
(25) "OUT-OF-HOME CARE CHILD ABUSE" MEANS ANY OF THE 2,242
FOLLOWING WHEN COMMITTED BY A PERSON RESPONSIBLE FOR THE CARE OF 2,243
A CHILD IN OUT-OF-HOME CARE: 2,244
(a) ENGAGING IN SEXUAL ACTIVITY WITH A CHILD IN THE 2,246
PERSON'S CARE; 2,247
(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.
(26) "OUT-OF-HOME CARE CHILD NEGLECT" MEANS ANY OF THE 2,266
FOLLOWING WHEN COMMITTED BY A PERSON RESPONSIBLE FOR THE CARE OF 2,267
A CHILD IN OUT-OF-HOME CARE: 2,268
(a) FAILURE TO PROVIDE REASONABLE SUPERVISION ACCORDING TO 2,270
THE STANDARDS OF CARE APPROPRIATE TO THE AGE, MENTAL AND PHYSICAL 2,271
CONDITION, OR OTHER SPECIAL NEEDS OF THE CHILD; 2,272
(b) FAILURE TO PROVIDE REASONABLE SUPERVISION ACCORDING TO 2,274
THE STANDARDS OF CARE APPROPRIATE TO THE AGE, MENTAL AND PHYSICAL 2,275
CONDITION, OR OTHER SPECIAL NEEDS OF THE CHILD, THAT RESULTS IN 2,276
SEXUAL OR PHYSICAL ABUSE OF THE CHILD BY ANY PERSON; 2,277
(c) FAILURE TO DEVELOP A PROCESS FOR ALL OF THE FOLLOWING: 2,279
(i) ADMINISTRATION OF PRESCRIPTION DRUGS OR PSYCHOTROPIC 2,281
DRUGS FOR THE CHILD; 2,282
(ii) ASSURING THAT THE INSTRUCTIONS OF THE LICENSED 2,284
52
PHYSICIAN WHO PRESCRIBED A DRUG FOR THE CHILD ARE FOLLOWED; 2,285
(iii) REPORTING TO THE LICENSED PHYSICIAN WHO PRESCRIBED 2,287
THE DRUG ALL UNFAVORABLE OR DANGEROUS SIDE EFFECTS FROM THE USE 2,288
OF THE DRUG. 2,289
(d) FAILURE TO PROVIDE PROPER OR NECESSARY SUBSISTENCE, 2,291
EDUCATION, MEDICAL CARE, OR OTHER INDIVIDUALIZED CARE NECESSARY 2,292
FOR THE HEALTH OR WELL-BEING OF THE CHILD; 2,293
(e) CONFINEMENT OF THE CHILD TO A LOCKED ROOM WITHOUT 2,295
MONITORING BY STAFF; 2,296
(f) FAILURE TO PROVIDE ONGOING SECURITY FOR ALL 2,298
PRESCRIPTION AND NONPRESCRIPTION MEDICATION; 2,299
(g) ISOLATION OF A CHILD FOR A PERIOD OF TIME WHEN THERE 2,301
IS SUBSTANTIAL RISK THAT THE ISOLATION, IF CONTINUED, WILL IMPAIR 2,302
OR RETARD THE MENTAL HEALTH OR PHYSICAL WELL-BEING OF THE CHILD. 2,303
(27) "PERMANENT CUSTODY" MEANS A LEGAL STATUS THAT VESTS 2,305
IN A PUBLIC CHILDREN SERVICES AGENCY OR A PRIVATE CHILD PLACING 2,306
AGENCY, ALL PARENTAL RIGHTS, DUTIES, AND OBLIGATIONS, INCLUDING 2,307
THE RIGHT TO CONSENT TO ADOPTION, AND DIVESTS THE NATURAL PARENTS 2,308
OR ADOPTIVE PARENTS OF ALL PARENTAL RIGHTS, PRIVILEGES, AND 2,310
OBLIGATIONS, INCLUDING ALL RESIDUAL RIGHTS AND OBLIGATIONS.
(28) "PERMANENT SURRENDER" MEANS THE ACT OF THE PARENTS 2,312
OR, IF A CHILD HAS ONLY ONE PARENT, OF THE PARENT OF A CHILD, BY 2,313
A VOLUNTARY AGREEMENT AUTHORIZED BY SECTION 5103.15 OF THE 2,315
REVISED CODE, TO TRANSFER THE PERMANENT CUSTODY OF THE CHILD TO A
PUBLIC CHILDREN SERVICES AGENCY OR A PRIVATE CHILD PLACING 2,316
AGENCY. 2,317
(29) "PERSON RESPONSIBLE FOR A CHILD'S CARE IN OUT-OF-HOME 2,319
CARE" MEANS ANY OF THE FOLLOWING: 2,320
(a) ANY FOSTER PARENT, IN-HOME AIDE, OR PROVIDER; 2,322
(b) ANY ADMINISTRATOR, EMPLOYEE, OR AGENT OF ANY OF THE 2,324
FOLLOWING: A PUBLIC OR PRIVATE DETENTION FACILITY; SHELTER 2,325
FACILITY; ORGANIZATION; CERTIFIED ORGANIZATION; CHILD DAY-CARE 2,326
CENTER; TYPE A FAMILY DAY-CARE HOME; CERTIFIED TYPE B FAMILY 2,327
DAY-CARE HOME; GROUP HOME; INSTITUTION; STATE INSTITUTION; 2,328
53
RESIDENTIAL FACILITY; RESIDENTIAL CARE FACILITY; RESIDENTIAL 2,329
CAMP; DAY CAMP; HOSPITAL; OR MEDICAL CLINIC; 2,330
(c) ANY OTHER PERSON WHO PERFORMS A SIMILAR FUNCTION WITH 2,332
RESPECT TO, OR HAS A SIMILAR RELATIONSHIP TO, CHILDREN. 2,333
(30) "PHYSICALLY IMPAIRED" MEANS HAVING ONE OR MORE OF THE 2,336
FOLLOWING CONDITIONS THAT SUBSTANTIALLY LIMIT ONE OR MORE OF AN 2,337
INDIVIDUAL'S MAJOR LIFE ACTIVITIES, INCLUDING SELF-CARE,
RECEPTIVE AND EXPRESSIVE LANGUAGE, LEARNING, MOBILITY, AND 2,338
SELF-DIRECTION:
(a) A SUBSTANTIAL IMPAIRMENT OF VISION, SPEECH, OR 2,340
HEARING;
(b) A CONGENITAL ORTHOPEDIC IMPAIRMENT; 2,342
(c) AN ORTHOPEDIC IMPAIRMENT CAUSED BY DISEASE, RHEUMATIC 2,345
FEVER OR ANY OTHER SIMILAR CHRONIC OR ACUTE HEALTH PROBLEM, OR 2,346
AMPUTATION OR ANOTHER SIMILAR CAUSE.
(31) "PLACEMENT FOR ADOPTION" MEANS THE ARRANGEMENT BY A 2,348
PUBLIC CHILDREN SERVICES AGENCY OR A PRIVATE CHILD PLACING AGENCY 2,349
WITH A PERSON FOR THE CARE AND ADOPTION BY THAT PERSON OF A CHILD 2,350
OF WHOM THE AGENCY HAS PERMANENT CUSTODY. 2,351
(32) "PLACEMENT IN FOSTER CARE" MEANS THE ARRANGEMENT BY A 2,354
PUBLIC CHILDREN SERVICES AGENCY OR A PRIVATE CHILD PLACING AGENCY 2,355
FOR THE OUT-OF-HOME CARE OF A CHILD OF WHOM THE AGENCY HAS
TEMPORARY CUSTODY OR PERMANENT CUSTODY. 2,356
(33) "PRACTICE OF SOCIAL WORK" AND "PRACTICE OF 2,358
PROFESSIONAL COUNSELING" HAVE THE SAME MEANINGS AS IN SECTION 2,359
4757.01 OF THE REVISED CODE. 2,360
(34) "PROBATION" MEANS A LEGAL STATUS CREATED BY COURT 2,362
ORDER FOLLOWING AN ADJUDICATION THAT A CHILD IS A DELINQUENT 2,363
CHILD, A JUVENILE TRAFFIC OFFENDER, OR AN UNRULY CHILD, WHEREBY 2,364
THE CHILD IS PERMITTED TO REMAIN IN THE PARENT'S, GUARDIAN'S, OR 2,365
CUSTODIAN'S HOME SUBJECT TO SUPERVISION, OR UNDER THE SUPERVISION 2,366
OF ANY AGENCY DESIGNATED BY THE COURT AND RETURNED TO THE COURT 2,367
FOR VIOLATION OF PROBATION AT ANY TIME DURING THE PERIOD OF 2,368
PROBATION. 2,369
54
(35) "PROTECTIVE SUPERVISION" MEANS AN ORDER OF 2,371
DISPOSITION PURSUANT TO WHICH THE COURT PERMITS AN ABUSED, 2,372
NEGLECTED, DEPENDENT, UNRULY, OR DELINQUENT CHILD OR A JUVENILE 2,373
TRAFFIC OFFENDER TO REMAIN IN THE CUSTODY OF THE CHILD'S PARENTS, 2,374
GUARDIAN, OR CUSTODIAN AND STAY IN THE CHILD'S HOME, SUBJECT TO 2,375
ANY CONDITIONS AND LIMITATIONS UPON THE CHILD, THE CHILD'S 2,377
PARENTS, GUARDIAN, OR CUSTODIAN, OR ANY OTHER PERSON THAT THE 2,379
COURT PRESCRIBES, INCLUDING SUPERVISION AS DIRECTED BY THE COURT 2,380
FOR THE PROTECTION OF THE CHILD. 2,381
(36) "PSYCHIATRIST" HAS THE SAME MEANING AS IN SECTION 2,383
5122.01 OF THE REVISED CODE. 2,384
(37) "PSYCHOLOGIST" HAS THE SAME MEANING AS IN SECTION 2,386
4732.01 OF THE REVISED CODE. 2,387
(38) "RESIDENTIAL CAMP" MEANS A PUBLIC OR PRIVATE FACILITY 2,389
THAT ENGAGES OR ACCEPTS THE CARE, PHYSICAL CUSTODY, OR CONTROL OF 2,390
CHILDREN DURING SUMMER MONTHS AND THAT IS LICENSED, REGULATED, 2,391
APPROVED, OPERATED UNDER THE DIRECTION OF, OR OTHERWISE CERTIFIED 2,392
BY THE DEPARTMENT OF HEALTH OR THE AMERICAN CAMPING ASSOCIATION. 2,393
(39) "RESIDENTIAL CARE FACILITY" MEANS AN INSTITUTION, 2,395
RESIDENCE, OR FACILITY THAT IS LICENSED BY THE DEPARTMENT OF 2,396
MENTAL HEALTH UNDER SECTION 5119.22 OF THE REVISED CODE AND THAT 2,397
PROVIDES CARE FOR A CHILD. 2,398
(40) "RESIDENTIAL FACILITY" MEANS A HOME OR FACILITY THAT 2,400
IS LICENSED BY THE DEPARTMENT OF MENTAL RETARDATION AND 2,401
DEVELOPMENTAL DISABILITIES UNDER SECTION 5123.19 OF THE REVISED 2,402
CODE AND IN WHICH A CHILD WITH A DEVELOPMENTAL DISABILITY 2,403
RESIDES. 2,404
(41) "RESIDUAL PARENTAL RIGHTS, PRIVILEGES, AND 2,406
RESPONSIBILITIES" MEANS THOSE RIGHTS, PRIVILEGES, AND 2,407
RESPONSIBILITIES REMAINING WITH THE NATURAL PARENT AFTER THE 2,408
TRANSFER OF LEGAL CUSTODY OF THE CHILD, INCLUDING, BUT NOT 2,409
NECESSARILY LIMITED TO, THE PRIVILEGE OF REASONABLE VISITATION, 2,410
CONSENT TO ADOPTION, THE PRIVILEGE TO DETERMINE THE CHILD'S 2,411
RELIGIOUS AFFILIATION, AND THE RESPONSIBILITY FOR SUPPORT. 2,412
55
(42) "SECURE CORRECTIONAL FACILITY" MEANS A FACILITY UNDER 2,415
THE DIRECTION OF THE DEPARTMENT OF YOUTH SERVICES THAT IS
DESIGNED TO PHYSICALLY RESTRICT THE MOVEMENT AND ACTIVITIES OF 2,416
CHILDREN AND USED FOR THE PLACEMENT OF CHILDREN AFTER 2,417
ADJUDICATION AND DISPOSITION.
(43) "SEXUAL ACTIVITY" HAS THE SAME MEANING AS IN SECTION 2,419
2907.01 OF THE REVISED CODE. 2,420
(44) "Shelter" means the temporary care of children in 2,422
physically unrestricted facilities pending court adjudication or 2,423
disposition. 2,424
(5) "Foster home" means a family home in which any child 2,426
is received apart from the child's parents for care, supervision, 2,427
or training. 2,429
(6) "Certified family foster home" means a family foster 2,431
home operated by persons holding a certificate in force, issued 2,432
under section 5103.03 of the Revised Code. 2,433
(7) "Organization" means any institution, public, 2,435
semipublic, or private, and any private association, society, or 2,436
agency located or operating in the state, incorporated or 2,437
unincorporated, having among its functions the furnishing of 2,438
protective services or care for children, or the placement of 2,439
children in foster homes or elsewhere. 2,440
(8) "Private child placing agency" means any association, 2,442
as defined in section 5103.02 of the Revised Code, that is 2,443
certified pursuant to sections 5103.03 to 5103.05 of the Revised 2,444
Code to accept temporary, permanent, or legal custody of children 2,445
and place the children for either foster care or adoption. 2,446
(9) "Legal custody" means a legal status that vests in the 2,449
custodian the right to have physical care and control of the
child and to determine where and with whom the child shall live, 2,450
and the right and duty to protect, train, and discipline the 2,452
child and to provide the child with food, shelter, education, and 2,453
medical care, all subject to any residual parental rights, 2,455
privileges, and responsibilities. An individual granted legal 2,456
56
custody shall exercise the rights and responsibilities personally 2,457
unless otherwise authorized by any section of the Revised Code or 2,458
by the court. 2,459
(10) "Residual parental rights, privileges, and 2,461
responsibilities" means those rights, privileges, and 2,462
responsibilities remaining with the natural parent after the 2,463
transfer of legal custody of the child, including, but not 2,464
necessarily limited to, the privilege of reasonable visitation, 2,465
consent to adoption, the privilege to determine the child's 2,466
religious affiliation, and the responsibility for support. 2,467
(11) "Permanent custody" means a legal status that vests 2,469
in a public children services agency or a private child placing 2,470
agency, all parental rights, duties, and obligations, including 2,471
the right to consent to adoption, and divests the natural parents 2,472
or adoptive parents of all parental rights, privileges, and 2,474
obligations, including all residual rights and obligations.
(12) "Temporary custody" means legal custody of a child 2,476
who is removed from the child's home, which custody may be 2,477
terminated at any time at the discretion of the court or, if the 2,479
legal custody is granted in an agreement for temporary custody, 2,480
by the person who executed the agreement. 2,481
(13) "Commit" means to vest custody as ordered by the 2,483
court. 2,484
(14) "Probation" means a legal status created by court 2,486
order following an adjudication that a child is a delinquent 2,487
child, a juvenile traffic offender, or an unruly child, whereby 2,488
the child is permitted to remain in the parent's, guardian's, or 2,489
custodian's home subject to supervision, or under the supervision 2,490
of any agency designated by the court and returned to the court 2,491
for violation of probation at any time during the period of 2,492
probation. 2,493
(15) "Protective supervision" means an order of 2,495
disposition pursuant to which the court permits an abused, 2,496
neglected, dependent, unruly, or delinquent child or a juvenile 2,497
57
traffic offender to remain in the custody of the child's parents, 2,498
guardian, or custodian and stay in the child's home, subject to 2,499
any conditions and limitations upon the child, the child's 2,501
parents, guardian, or custodian, or any other person that the 2,503
court prescribes, including supervision as directed by the court 2,504
for the protection of the child. 2,505
(16) "Adequate parental care" means the provision by a 2,507
child's parent or parents, guardian, or custodian of adequate 2,508
food, clothing, and shelter to ensure the child's health and 2,509
physical safety and the provision by a child's parent or parents 2,510
of specialized services warranted by the child's physical or 2,511
mental needs. 2,512
(17) "Agreement for temporary custody" means a voluntary 2,514
agreement that is authorized by section 5103.15 of the Revised 2,515
Code and that transfers the temporary custody of a child to a 2,516
public children services agency or a private child placing 2,517
agency. 2,518
(18) "Guardian" means a person, association, or 2,520
corporation that is granted authority by a probate court pursuant 2,521
to Chapter 2111. of the Revised Code to exercise parental rights 2,522
over a child to the extent provided in the court's order and 2,523
subject to the residual parental rights of the child's parents. 2,524
(19) "Mental illness" and "mentally ill person subject to 2,526
hospitalization by court order" have the same meanings as in 2,527
section 5122.01 of the Revised Code. 2,528
(20) "Mentally retarded person" has the same meaning as in 2,530
section 5123.01 of the Revised Code. 2,531
(21) "Permanent surrender" means the act of the parents 2,533
or, if a child has only one parent, of the parent of a child, by 2,534
a voluntary agreement authorized by section 5103.15 of the 2,535
Revised Code, to transfer the permanent custody of the child to a 2,536
public children services agency or a private child placing 2,537
agency. 2,538
(22) "Placement for foster care" means the arrangement by 2,540
58
a public children services agency or a private child placing 2,541
agency for the out-of-home care of a child of whom the agency has 2,542
temporary custody or permanent custody. 2,543
(23) "Placement for adoption" means the arrangement by a 2,545
public children services agency or a private child placing agency 2,546
with a person for the care and adoption by that person of a child 2,547
of whom the agency has permanent custody. 2,548
(25) "Public children services agency" means a children 2,550
services board or a county department of human services that has 2,551
assumed the administration of the children services function 2,552
prescribed by Chapter 5153. of the Revised Code. 2,553
(26) "Custodian" means a person who has legal custody of a 2,555
child or a public children services agency or private child 2,556
placing agency that has permanent, temporary, or legal custody of 2,557
a child. 2,558
(27) "Counseling" includes general counseling and 2,560
therapeutic counseling. 2,561
(28) "General counseling" means those services performed 2,563
by a county children services board, county department of human 2,564
services exercising the children services function, or shelter 2,565
for victims of domestic violence to assist a child, a child's 2,566
parents, and a child's siblings in alleviating identified 2,567
problems that may cause or have caused the child to be an abused, 2,569
neglected, or dependent child. 2,570
(29) "Therapeutic counseling" means psychiatric or 2,572
psychological services provided to correct or alleviate any 2,574
mental or emotional illness or disorder and performed by a 2,575
licensed psychiatrist, licensed psychologist, or a person 2,576
licensed under Chapter 4757. of the Revised Code to engage in 2,577
social work or professional counseling.
(30)(45) "Shelter for victims of domestic violence" has 2,579
the same meaning as in section 3113.33 of the Revised Code. 2,580
(31) "Psychiatrist" has the same meaning as in section 2,582
5122.01 of the Revised Code. 2,583
59
(32) "Psychologist" has the same meaning as in section 2,585
4732.01 of the Revised Code. 2,586
(33) "Practice of social work" and "practice of 2,588
professional counseling" have the same meanings as in section 2,589
4757.01 of the Revised Code. 2,590
(34) "Child day-care provider" means an individual who is 2,592
a child-care staff member or administrator of a child day-care 2,593
center, a type A family day-care home, or a type B family 2,594
day-care home, or an in-home aide or an individual who is 2,595
licensed, is regulated, is approved, operates under the direction 2,596
of, or otherwise is certified by the department of human 2,597
services, department of mental retardation and developmental 2,598
disabilities, or the early childhood programs of the department 2,599
of education. 2,600
(35) "Residential facility" means a home or facility that 2,602
is licensed by the department of mental retardation and 2,603
developmental disabilities under section 5123.19 of the Revised 2,604
Code and in which a child with a developmental disability 2,605
resides. 2,606
(36) "Residential care facility" means an institution, 2,608
residence, or facility that is licensed by the department of 2,609
mental health under section 5119.22 of the Revised Code and that 2,610
provides care for a child. 2,611
(37) "Residential camp" means a public or private facility 2,613
that engages or accepts the care, physical custody, or control of 2,614
children during summer months and that is licensed, regulated, 2,615
approved, operated under the direction of, or otherwise certified 2,616
by the department of health or the American camping association. 2,617
(38) "Child day camp" has the same meaning as in section 2,619
5104.01 of the Revised Code. 2,620
(39) "Out-of-home care" means detention facilities, 2,622
shelter facilities, foster homes, certified foster homes, 2,623
placement in a prospective adoptive home prior to the issuance of 2,624
a final decree of adoption, organizations, certified 2,625
60
organizations, child day-care centers, type A family day-care 2,626
homes, child day-care provided by type B family day-care home 2,627
providers and by in-home aides, group home providers, group 2,628
homes, institutions, state institutions, residential facilities, 2,629
residential care facilities, residential camps, day camps, 2,630
hospitals, and medical clinics that are responsible for the care, 2,631
physical custody, or control of children. 2,632
(40) "Person responsible for a child's care in out-of-home 2,634
care" means any of the following: 2,635
(a) Any foster parent, in-home aide, or provider; 2,637
(b) Any administrator, employee, or agent of any of the 2,639
following: a public or private detention facility; shelter 2,640
facility; organization; certified organization; child day-care 2,641
center; type A family day-care home; certified type B family 2,642
day-care home; group home; institution; state institution; 2,643
residential facility; residential care facility; residential 2,644
camp; day camp; hospital; or medical clinic. 2,645
(c) Any other person who performs a similar function with 2,647
respect to, or has a similar relationship to, children. 2,648
(41) "Child day-care," "child day-care center," "part-time 2,650
child day-care center," "type A family day-care home," "certified 2,651
type B family day-care home," "type B home," "administrator of a 2,652
child day-care center," "administrator of a type A family 2,653
day-care home," "in-home aide," and "authorized provider" have 2,654
the same meanings as in section 5104.01 of the Revised Code. 2,655
(42) "Developmental disability" has the same meaning as in 2,657
section 5123.01 of the Revised Code. 2,658
(43) "Out-of-home care child neglect" means any of the 2,660
following when committed by a person responsible for the care of 2,661
a child in out-of-home care: 2,662
(a) Failure to provide reasonable supervision according to 2,664
the standards of care appropriate to the age, mental and physical 2,665
condition, or other special needs of the child; 2,666
(b) Failure to provide reasonable supervision according to 2,668
61
the standards of care appropriate to the age, mental and physical 2,669
condition, or other special needs of the child, that results in 2,670
sexual or physical abuse of the child by any person; 2,671
(c) Failure to develop a process for all of the following: 2,673
(i) Administration of prescription drugs or psychotropic 2,675
drugs for the child; 2,676
(ii) Assuring that the instructions of the licensed 2,678
physician who prescribed a drug for the child are followed; 2,679
(iii) Reporting to the licensed physician who prescribed 2,681
the drug all unfavorable or dangerous side effects from the use 2,682
of the drug; 2,683
(d) Failure to provide proper or necessary subsistence, 2,685
education, medical care, or other individualized care necessary 2,686
for the health or well-being of the child; 2,687
(e) Confinement of the child to a locked room without 2,689
monitoring by staff; 2,690
(f) Failure to provide ongoing security for all 2,692
prescription and nonprescription medication; 2,693
(g) Isolation of a child for a period of time when there 2,695
is substantial risk that the isolation, if continued, will impair 2,696
or retard the mental health or physical well-being of the child. 2,697
(44) "Out-of-home care child abuse" means any of the 2,699
following when committed by a person responsible for the care of 2,700
a child in out-of-home care: 2,701
(a) Engaging in sexual activity with a child in the 2,703
person's care;
(b) Denial to a child, as a means of punishment, of proper 2,705
or necessary subsistence, education, medical care, or other care 2,706
necessary for a child's health; 2,707
(c) Use of restraint procedures on a child that cause 2,709
injury or pain; 2,710
(d) Administration of prescription drugs or psychotropic 2,712
medication to the child without the written approval and ongoing 2,713
supervision of a licensed physician; 2,714
62
(e) Commission of any act, other than by accidental means, 2,716
that results in any injury to or death of the child in 2,717
out-of-home care or commission of any act by accidental means 2,718
that results in an injury to or death of a child in out-of-home 2,719
care and that is at variance with the history given of the injury 2,720
or death.
(45) "Sexual activity" has the same meaning as in section 2,722
2907.01 of the Revised Code. 2,723
(46) "Family foster home" means a private residence in 2,725
which children are received apart from their parents, guardian, 2,726
or legal custodian by an individual for hire, gain, or reward for 2,727
nonsecure care, supervision, or training twenty-four hours a day. 2,728
"Family foster home" does not include babysitting care provided 2,729
for a child in the home of a person other than the home of the 2,730
parents, guardian, or legal custodian of the child. 2,731
(47) "Nonsecure care, supervision, or training" means 2,733
care, supervision, or training of a child in a facility that does 2,734
not confine or prevent movement of the child within the facility 2,735
or from the facility. 2,736
(48) "Private noncustodial agency" means any person, 2,738
organization, association, or society certified by the department 2,739
of human services that does not accept temporary or permanent 2,740
legal custody of children, that is privately operated in this 2,741
state, and that does one or more of the following: 2,742
(a) Receives and cares for children for two or more 2,744
consecutive weeks; 2,745
(b) Participates in the placement of children in family 2,747
foster homes; 2,748
(c) Provides adoption services in conjunction with a 2,750
public children services agency or private child placing agency. 2,751
(49) "Treatment foster home" means a family foster home 2,753
that incorporates special psychological or medical treatment 2,754
designed to care for the specific needs of the children received 2,755
in the family foster home and that receives and cares for 2,756
63
children who are emotionally or behaviorally disturbed, medically 2,757
fragile and require special medical treatment due to physical 2,758
ailment or condition, or mentally retarded or developmentally 2,759
disabled. 2,760
(50) "Babysitting care" means care provided for a child 2,762
while the parents, guardian, or legal custodian of the child are 2,763
temporarily away. 2,764
(53) "Mental injury" means any behavioral, cognitive, 2,766
emotional, or mental disorder in a child caused by an act or 2,767
omission that is described in section 2919.22 of the Revised Code 2,768
and is committed by the parent or other person responsible for 2,770
the child's care.
(54) "Physically impaired" means having one or more of the 2,773
following conditions that substantially limit one or more of an 2,774
individual's major life activities, including self-care,
receptive and expressive language, learning, mobility, and 2,775
self-direction:
(a) A substantial impairment of vision, speech, or 2,777
hearing;
(b) A congenital orthopedic impairment; 2,779
(c) An orthopedic impairment caused by disease, rheumatic 2,782
fever or any other similar chronic or acute health problem, or 2,783
amputation or another similar cause.
(55) "Secure correctional facility" means a facility under 2,786
the direction of the department of youth services that is
designed to physically restrict the movement and activities of 2,787
children and used for the placement of children after 2,788
adjudication and disposition.
(46) "TEMPORARY CUSTODY" MEANS LEGAL CUSTODY OF A CHILD 2,790
WHO IS REMOVED FROM THE CHILD'S HOME, WHICH CUSTODY MAY BE 2,791
TERMINATED AT ANY TIME AT THE DISCRETION OF THE COURT OR, IF THE 2,793
LEGAL CUSTODY IS GRANTED IN AN AGREEMENT FOR TEMPORARY CUSTODY, 2,794
BY THE PERSON WHO EXECUTED THE AGREEMENT. 2,795
Sec. 2151.10. The juvenile judge shall annually submit a 2,804
64
written request for an appropriation to the board of county 2,805
commissioners that shall set forth estimated administrative 2,806
expenses of the juvenile court that the judge considers 2,807
reasonably necessary for the operation of the court, including 2,808
reasonably necessary expenses of the judge and such officers and 2,809
employees as he THE JUDGE may designate in attending conferences 2,810
at which juvenile or welfare problems are discussed, and such sum 2,812
each year as will provide for the maintenance and operation of 2,813
the detention home, the care, maintenance, education, and support 2,814
of neglected, abused, dependent, and delinquent children, other 2,815
than children entitled ELIGIBLE to aid PARTICIPATE IN THE OHIO 2,817
WORKS FIRST PROGRAM ESTABLISHED under sections 5107.01 to 5107.16 2,818
CHAPTER 5107. of the Revised Code, and for necessary orthopedic, 2,819
surgical, and medical treatment, and special care as may be 2,820
ordered by the court for any neglected, abused, dependent, or 2,821
delinquent children. The board shall conduct a public hearing 2,822
with respect to the written request submitted by the judge and 2,823
shall appropriate such sum of money each year as it determines, 2,824
after conducting the public hearing and considering the written 2,825
request of the judge, is reasonably necessary to meet all the 2,826
administrative expenses of the court. All disbursements from 2,827
such appropriations shall be upon specifically itemized vouchers, 2,828
certified to by the judge.
If the judge considers the appropriation made by the board 2,830
pursuant to this section insufficient to meet all the 2,831
administrative expenses of the court, he THE JUDGE shall commence 2,833
an action under Chapter 2731. of the Revised Code in the court of 2,834
appeals for the judicial district for a determination of the duty 2,835
of the board of county commissioners to appropriate the amount of 2,836
money in dispute. The court of appeals shall give priority to the 2,837
action filed by the juvenile judge over all cases pending on its 2,838
docket. The burden shall be on the juvenile judge to prove that 2,839
the appropriation requested is reasonably necessary to meet all 2,840
administrative expenses of the court. If, prior to the filing of 2,841
65
an action under Chapter 2731. of the Revised Code or during the 2,842
pendency of the action, the judge exercises his THE JUDGE'S 2,843
contempt power in order to obtain the sum of money in dispute, he 2,845
THE JUDGE shall not order the imprisonment of any member of the 2,847
board of county commissioners notwithstanding sections 2705.02 to 2,848
2705.06 of the Revised Code. 2,849
Sec. 2151.31. (A) A child may be taken into custody in 2,858
any of the following ways: 2,859
(1) Pursuant to an order of the court under this chapter; 2,861
(2) Pursuant to the laws of arrest; 2,863
(3) By a law enforcement officer or duly authorized 2,865
officer of the court when any of the following conditions are 2,866
present: 2,867
(a) There are reasonable grounds to believe that the child 2,869
is suffering from illness or injury and is not receiving proper 2,870
care, as described in section 2151.03 of the Revised Code, and 2,871
his THE CHILD'S removal is necessary to prevent immediate or 2,872
threatened physical or emotional harm; 2,874
(b) There are reasonable grounds to believe that the child 2,876
is in immediate danger from his THE CHILD'S surroundings and that 2,878
his THE CHILD'S removal is necessary to prevent immediate or 2,879
threatened physical or emotional harm; 2,880
(c) There are reasonable grounds to believe that a parent, 2,882
guardian, custodian, or other household member of the child's 2,883
household has abused or neglected another child in the household 2,884
and to believe that the child is in danger of immediate or 2,885
threatened physical or emotional harm from that person. 2,886
(4) By an enforcement official, as defined in section 2,888
4109.01 of the Revised Code, under the circumstances set forth in 2,889
section 4109.08 of the Revised Code; 2,890
(5) By a law enforcement officer or duly authorized 2,892
officer of the court when there are reasonable grounds to believe 2,893
that the child has run away from his THE CHILD'S parents, 2,894
guardian, or other custodian; 2,896
66
(6) By a law enforcement officer or duly authorized 2,898
officer of the court when any of the following apply: 2,899
(a) There are reasonable grounds to believe that the 2,901
conduct, conditions, or surroundings of the child are endangering 2,902
the health, welfare, or safety of the child; 2,903
(b) A complaint has been filed with respect to the child 2,905
under section 2151.27 of the Revised Code and there are 2,906
reasonable grounds to believe that the child may abscond or be 2,907
removed from the jurisdiction of the court; 2,908
(c) The child is required to appear in court and there are 2,910
reasonable grounds to believe that the child will not be brought 2,911
before the court when required. 2,912
(B)(1) The taking of a child into custody is not and shall 2,914
not be deemed an arrest except for the purpose of determining its 2,915
validity under the constitution of this state or of the United 2,916
States. 2,917
(2) Except as provided in division (C) of section 2151.311 2,919
of the Revised Code, a child taken into custody shall not be held 2,920
in any state correctional institution, county, multicounty, or 2,922
municipal jail or workhouse, or any other place where any adult 2,923
convicted of crime, under arrest, or charged with crime is held. 2,924
(C) A child taken into custody shall not be confined in a 2,926
place of juvenile detention or placed in shelter care prior to 2,927
the implementation of the court's final order of disposition, 2,928
unless his detention or shelter care is required to protect the 2,929
child from immediate or threatened physical or emotional harm, 2,930
because the child may abscond or be removed from the jurisdiction 2,931
of the court, because the child has no parents, guardian, or 2,932
custodian or other person able to provide supervision and care 2,933
for him THE CHILD and return him THE CHILD to the court when 2,935
required, or because an order for placement of the child in 2,936
detention or shelter care has been made by the court pursuant to 2,937
this chapter.
(D) Upon receipt of notice from a person that the person 2,939
67
intends to take an alleged abused, neglected, or dependent child 2,940
into custody pursuant to division (A)(3) of this section, a 2,941
juvenile judge or a designated referee may grant by telephone an 2,942
ex parte emergency order authorizing the taking of the child into 2,943
custody if there is probable cause to believe that any of the 2,944
conditions set forth in divisions (A)(3)(a) to (c) of this 2,945
section are present. The judge or referee shall journalize any 2,946
ex parte emergency order issued pursuant to this division. If an 2,947
order is issued pursuant to this division and the child is taken 2,948
into custody pursuant to the order, a sworn complaint shall be 2,949
filed with respect to the child before the end of the next 2,950
business day after the day on which the child is taken into 2,951
custody and a hearing shall be held pursuant to division (E) of 2,952
this section and the Juvenile Rules. A juvenile judge or referee 2,953
shall not grant an emergency order by telephone pursuant to this 2,954
division until after he THE JUDGE OR REFEREE determines that 2,955
reasonable efforts have been made to notify the parents, 2,957
guardian, or custodian of the child that the child may be placed 2,958
into shelter care and of the reasons for placing the child into 2,959
shelter care, except that, if the requirement for notification 2,960
would jeopardize the physical or emotional safety of the child or 2,961
result in the child being removed from the court's jurisdiction, 2,962
the judge or referee may issue the order for taking the child 2,963
into custody and placing the child into shelter care prior to 2,964
giving notice to the parents, guardian, or custodian of the 2,965
child.
(E) If a judge or referee pursuant to division (D) of this 2,967
section issues an ex parte emergency order for taking a child 2,968
into custody, the court shall hold a hearing to determine whether 2,969
there is probable cause for the emergency order. The hearing 2,970
shall be held before the end of the next business day after the 2,971
day on which the emergency order is issued, except that it shall 2,972
not be held later than seventy-two hours after the emergency 2,973
order is issued. 2,974
68
If the court determines at the hearing that there is not 2,976
probable cause for the issuance of the emergency order issued 2,977
pursuant to division (D) of this section, it shall order the 2,978
child released to the custody of his THE CHILD'S parents, 2,979
guardian, or custodian. If the court determines at the hearing 2,981
that there is probable cause for the issuance of the emergency 2,982
order issued pursuant to division (D) of this section, the court 2,983
shall do all of the following: 2,984
(1) Ensure that a complaint is filed or has been filed; 2,986
(2) Hold a hearing pursuant to section 2151.314 of the 2,988
Revised Code to determine if the child should remain in shelter 2,989
care; 2,990
(3) At the hearing held pursuant to section 2151.314 of 2,992
the Revised Code, make the determination and issue the written 2,993
finding of facts required by section 2151.419 of the Revised 2,994
Code. 2,995
(F) If the court determines at the hearing held pursuant 2,997
to division (E) of this section that there is probable cause to 2,998
believe that the child is an abused child, as defined in division 2,999
(A) of section 2151.031 of the Revised Code, the court may do any 3,000
of the following: 3,001
(1) Upon the motion of any party, the guardian ad litem, 3,003
the prosecuting attorney, or an employee of the PUBLIC children 3,004
services board or the county department of human services 3,006
exercising the children services function AGENCY, or its own 3,007
motion, issue reasonable protective orders with respect to the 3,009
interviewing or deposition of the child; 3,010
(2) Order that the child's testimony be videotaped for 3,012
preservation of the testimony for possible use in any other 3,013
proceedings in the case; 3,014
(3) Set any additional conditions with respect to the 3,016
child or the case involving the child that are in the best 3,017
interest of the child. 3,018
(G) This section is not intended, and shall not be 3,020
69
construed, to prevent any person from taking a child into 3,021
custody, if taking the child into custody is necessary in an 3,022
emergency to prevent the physical injury, emotional harm, or 3,023
neglect of the child. 3,024
Sec. 2151.421. (A)(1)(a) No attorney, physician, 3,037
including a hospital intern or resident, dentist, podiatrist, 3,038
practitioner of a limited branch of medicine or surgery as 3,039
defined in section 4731.15 of the Revised Code, registered nurse, 3,040
licensed practical nurse, visiting nurse, other health care 3,041
professional, licensed psychologist, licensed school 3,042
psychologist, speech pathologist or audiologist, coroner, 3,043
administrator or employee of a child day-care center, 3,044
administrator or employee of a certified child care agency or 3,045
other public or private children services agency, school teacher, 3,046
school employee, school authority, person engaged in social work 3,047
or the practice of professional counseling, or person rendering
spiritual treatment through prayer in accordance with the tenets 3,048
of a well-recognized religion, PERSON LISTED IN DIVISION 3,050
(A)(1)(b) OF THIS SECTION who is acting in an official or 3,051
professional capacity and knows or suspects that a child under 3,052
eighteen years of age or a mentally retarded, developmentally 3,054
disabled, or physically impaired child under twenty-one years of 3,055
age has suffered or faces a threat of suffering any physical or 3,056
mental wound, injury, disability, or condition of a nature that 3,057
reasonably indicates abuse or neglect of the child, shall fail to 3,058
immediately report that knowledge or suspicion to the PUBLIC 3,060
children services board, the county department of human services 3,061
exercising the children services function, AGENCY or a municipal 3,062
or county peace officer in the county in which the child resides 3,063
or in which the abuse or neglect is occurring or has occurred. 3,064
(b) DIVISION (A)(1)(a) OF THIS SECTION APPLIES TO A PERSON 3,067
WHO IS AN ATTORNEY; PHYSICIAN, INCLUDING A HOSPITAL INTERN OR 3,069
RESIDENT; DENTIST; PODIATRIST; PRACTITIONER OF A LIMITED BRANCH 3,070
OF MEDICINE OR SURGERY AS DEFINED IN SECTION 4731.15 OF THE 3,071
70
REVISED CODE; REGISTERED NURSE; LICENSED PRACTICAL NURSE; 3,072
VISITING NURSE; OTHER HEALTH CARE PROFESSIONAL; LICENSED
PSYCHOLOGIST; LICENSED SCHOOL PSYCHOLOGIST; SPEECH PATHOLOGIST OR 3,073
AUDIOLOGIST; CORONER; ADMINISTRATOR OR EMPLOYEE OF A CHILD 3,074
DAY-CARE CENTER; ADMINISTRATOR OR EMPLOYEE OF A CERTIFIED CHILD 3,075
CARE AGENCY OR OTHER PUBLIC OR PRIVATE CHILDREN SERVICES AGENCY; 3,076
SCHOOL TEACHER; SCHOOL EMPLOYEE; SCHOOL AUTHORITY; PERSON ENGAGED 3,077
IN SOCIAL WORK OR THE PRACTICE OF PROFESSIONAL COUNSELING; OR 3,078
PERSON RENDERING SPIRITUAL TREATMENT THROUGH PRAYER IN ACCORDANCE 3,079
WITH THE TENETS OF A WELL-RECOGNIZED RELIGION. 3,080
(2) An attorney is not required to make a report pursuant 3,082
to division (A)(1) of this section concerning any communication 3,083
the attorney the attorney's a client the attorney receives from a 3,084
client in an attorney-client relationship, if, in accordance with 3,085
division (A) of section 2317.02 of the Revised Code, the attorney 3,087
could not testify with respect to that communication in a civil 3,088
or criminal proceeding, except that the client is deemed to have 3,089
waived any testimonial privilege under division (A) of section 3,090
2317.02 of the Revised Code with respect to that communication 3,091
and the attorney shall make a report pursuant to division (A)(1) 3,092
of this section with respect to that communication, if all of the 3,093
following apply:
(a) The client, at the time of the communication, is 3,095
either a child under eighteen years of age or a mentally 3,097
retarded, developmentally disabled, or physically impaired person 3,098
under twenty-one years of age. 3,099
(b) The attorney knows or suspects, as a result of the 3,101
communication or any observations made during that communication, 3,102
that the client has suffered or faces a threat of suffering any 3,103
physical or mental wound, injury, disability, or condition of a 3,104
nature that reasonably indicates abuse or neglect of the client. 3,105
(c) The attorney-client relationship does not arise out of 3,107
the client's attempt to have an abortion without the notification 3,108
of her parents, guardian, or custodian in accordance with section 3,109
71
2151.85 of the Revised Code. 3,110
(3) A physician is not required to make a report pursuant 3,112
to division (A)(1) of this section concerning any communication 3,113
the physician the physician's the patient the physician receives 3,114
from a patient in a physician-patient relationship, if, in 3,115
accordance with division (B) of section 2317.02 of the Revised 3,117
Code, the physician could not testify with respect to that 3,118
communication in a civil or criminal proceeding, except that the 3,119
patient is deemed to have waived any testimonial privilege under 3,120
division (B) of section 2317.02 of the Revised Code with respect 3,121
to that communication and the physician shall make a report 3,122
pursuant to division (A)(1) of this section with respect to that 3,123
communication, if all of the following apply:
(a) The patient, at the time of the communication, is 3,125
either a child under eighteen years of age or a mentally 3,127
retarded, developmentally disabled, or physically impaired person 3,128
under twenty-one years of age. 3,129
(b) The physician knows or suspects, as a result of the 3,131
communication or any observations made during that communication, 3,132
that the patient has suffered or faces a threat of suffering any 3,133
physical or mental wound, injury, disability, or condition of a 3,134
nature that reasonably indicates abuse or neglect of the patient. 3,135
(c) The physician-patient relationship does not arise out 3,137
of the patient's attempt to have an abortion without the 3,138
notification of her parents, guardian, or custodian in accordance 3,139
with section 2151.85 of the Revised Code. 3,140
(B) Anyone, who knows or suspects that a child under 3,142
eighteen years of age or a mentally retarded, developmentally 3,144
disabled, or physically impaired person under twenty-one years of 3,145
age has suffered or faces a threat of suffering any physical or 3,146
mental wound, injury, disability, or other condition of a nature 3,147
that reasonably indicates abuse or neglect of the child, may 3,148
report or cause reports to be made of that knowledge or suspicion 3,149
to the PUBLIC children services board, the county department of 3,151
72
human services exercising the children services function, AGENCY 3,152
or to a municipal or county peace officer. 3,154
(C) Any report made pursuant to division (A) or (B) of 3,156
this section shall be made forthwith either by telephone or in 3,157
person and shall be followed by a written report, if requested by 3,159
the receiving agency or officer. The written report shall
contain: 3,160
(1) The names and addresses of the child and the child's 3,162
parents or the person or persons having custody of the child, if 3,163
known;
(2) The child's age and the nature and extent of the 3,165
child's known or suspected injuries, abuse, or neglect or of the 3,166
known or suspected threat of injury, abuse, or neglect, including 3,167
any evidence of previous injuries, abuse, or neglect; 3,168
(3) Any other information that might be helpful in 3,170
establishing the cause of the known or suspected injury, abuse, 3,171
or neglect or of the known or suspected threat of injury, abuse, 3,172
or neglect. 3,173
Any person, who is required by division (A) of this section 3,175
to report known or suspected child abuse or child neglect, may 3,176
take or cause to be taken color photographs of areas of trauma 3,177
visible on a child and, if medically indicated, cause to be 3,178
performed radiological examinations of the child. 3,179
(D) Upon the receipt of a report concerning the possible 3,181
abuse or neglect of a child or the possible threat of abuse or 3,182
neglect of a child, the municipal or county peace officer who 3,183
receives the report shall refer the report to the appropriate 3,184
county department of human services or PUBLIC children services 3,185
board AGENCY. 3,186
(E) No township, municipal, or county peace officer shall 3,188
remove a child about whom a report is made pursuant to this 3,189
section from the child's parents, stepparents, or guardian or any 3,190
other persons having custody of the child without consultation 3,191
with the PUBLIC children services board or the county department 3,192
73
of human services exercising the children services function 3,193
AGENCY, unless, in the judgment of the reporting physician and 3,195
the officer, immediate removal is considered essential to protect 3,196
the child from further abuse or neglect. 3,197
(F)(1) The county department of human services or PUBLIC 3,199
children services board AGENCY shall investigate, within 3,201
twenty-four hours, each report of known or suspected child abuse 3,203
or child neglect and of a known or suspected threat of child 3,204
abuse or child neglect that is referred to it under this section 3,205
to determine the circumstances surrounding the injuries, abuse, 3,206
or neglect or the threat of injury, abuse, or neglect, the cause 3,207
of the injuries, abuse, neglect, or threat, and the person or 3,208
persons responsible. The investigation shall be made in 3,209
cooperation with the law enforcement agency and in accordance 3,210
with the plan of cooperation for the county adopted under 3,211
division (J) of this section. A failure to make the 3,212
investigation in accordance with the plan of cooperation is not 3,213
grounds for, and shall not result in, the dismissal of any 3,214
charges or complaint arising from the report or the suppression 3,215
of any evidence obtained as a result of the report and does not 3,216
give, and shall not be construed as giving, any rights or any 3,217
grounds for appeal or post-conviction relief to any person. The 3,218
county department of human services or PUBLIC children services 3,220
board AGENCY shall report each case to a central registry which 3,221
the state department of human services shall maintain in order to 3,222
determine whether prior reports have been made in other counties 3,223
concerning the child or other principals in the case. The 3,224
department or board PUBLIC CHILDREN SERVICES AGENCY shall submit 3,225
a report of its investigation, in writing to the law enforcement 3,227
agency.
(2) The county department of human services or PUBLIC 3,229
children services board AGENCY shall make any recommendations to 3,230
the county prosecuting attorney or city director of law that it 3,232
considers necessary to protect any children that are brought to 3,233
74
its attention. 3,234
(G)(1) Except as provided in division (H)(3) of this 3,236
section, anyone or any hospital, institution, school, health 3,237
department, or agency participating in the making of reports 3,238
under division (A) of this section, anyone or any hospital, 3,239
institution, school, health department, or agency participating 3,240
in good faith in the making of reports under division (B) of this 3,241
section, and anyone participating in good faith in a judicial 3,242
proceeding resulting from the reports, shall be immune from any 3,243
civil or criminal liability for injury, death, or loss to person 3,244
or property that otherwise might be incurred or imposed as a 3,245
result of the making of the reports or the participation in the 3,246
judicial proceeding. Notwithstanding section 4731.22 of the 3,247
Revised Code, the physician-patient privilege shall not be a 3,248
ground for excluding evidence regarding a child's injuries, 3,249
abuse, or neglect, or the cause of the injuries, abuse, or 3,250
neglect in any judicial proceeding resulting from a report 3,251
submitted pursuant to this section. 3,252
(2) In any civil or criminal action or proceeding in which 3,254
it is alleged and proved that participation in the making of a 3,255
report under this section was not in good faith or participation 3,256
in a judicial proceeding resulting from a report made under this 3,257
section was not in good faith, the court shall award the 3,258
prevailing party reasonable attorney's fees and costs and, if a 3,259
civil action or proceeding is voluntarily dismissed, may award 3,260
reasonable attorney's fees and costs to the party against whom 3,261
the civil action or proceeding is brought. 3,262
(H)(1) Except as provided in division (H)(4) of this 3,264
section, a report made under this section is confidential. The 3,266
information provided in a report made pursuant to this section 3,267
and the name of the person who made the report shall not be 3,268
released for use, and shall not be used, as evidence in any civil 3,269
action or proceeding brought against the person who made the 3,270
report. In a criminal proceeding, the report is admissible in 3,271
75
evidence in accordance with the Rules of Evidence and is subject 3,272
to discovery in accordance with the Rules of Criminal Procedure. 3,273
(2) No person shall permit or encourage the unauthorized 3,275
dissemination of the contents of any report made under this 3,276
section. 3,277
(3) A person who knowingly makes or causes another person 3,279
to make a false report under division (B) of this section that 3,280
alleges that any person has committed an act or omission that 3,281
resulted in a child being an abused child or a neglected child is 3,282
guilty of a violation of section 2921.14 of the Revised Code. 3,283
(4) A public children services agency shall advise a 3,286
person alleged to have inflicted abuse or neglect on a child who 3,287
is the subject of a report made pursuant to this section of the
disposition of the investigation. The agency shall not provide 3,288
to the person a statement of the allegations, statements of 3,289
witnesses, or police or other investigative reports. 3,290
(I) Any report that is required by this section shall 3,292
result in protective services and emergency supportive services 3,293
being made available by the county department of human services 3,294
or PUBLIC children services board AGENCY on behalf of the 3,296
children about whom the report is made, in an effort to prevent 3,297
further neglect or abuse, to enhance their welfare, and, whenever 3,298
possible, to preserve the family unit intact. 3,299
(J) There shall be placed on file with the juvenile court 3,301
in each county and the department of human services an initial 3,302
plan of cooperation jointly prepared and subscribed to by a 3,303
committee consisting of the presiding judge of the court of 3,304
common pleas of the county or a the presiding judge's 3,305
representative; if there is only one juvenile judge in the 3,307
county, the juvenile judge of the county or a the juvenile 3,308
judge's representative; if there is more than one juvenile judge 3,310
in the county, a juvenile judge or a the judge's JUVENILE JUDGES' 3,311
representative selected by the juvenile judges or, if they are 3,312
unable to do so for any reason, the juvenile judge who is senior 3,313
76
in point of service or a the senior juvenile judge's 3,314
representative; the county peace officer; all chief municipal 3,316
peace officers within the county; all chief township peace 3,317
officers within the county; the prosecuting attorney of the 3,318
county; the director of law of each city within the county; the 3,319
village solicitor of each village within the county; and the 3,320
PUBLIC children services board or county department of human 3,322
services exercising the children services function AGENCY as
convened by the county director of human services. The plan 3,323
shall set forth the normal operating procedure to be employed by 3,324
all concerned officials in the execution of their respective 3,325
responsibilities under this section and division (C) of section 3,326
2919.21, division (B)(1) of section 2919.22, division (B) of 3,327
section 2919.23, and section 2919.24 of the Revised Code and 3,328
shall have as two of its primary goals the elimination of all 3,329
unnecessary interviews of children who are the subject of reports 3,330
made pursuant to division (A) or (B) of this section and, when 3,331
feasible, providing for only one interview of a child who is the 3,332
subject of any report made pursuant to division (A) or (B) of 3,333
this section. A failure to follow the procedure set forth in the 3,334
plan in the execution of those responsibilities by the concerned 3,335
officials is not grounds for, and shall not result in, the 3,336
dismissal of any charges or complaint arising from any reported 3,337
case of abuse or neglect or the suppression of any evidence 3,338
obtained as a result of any reported child abuse or child neglect 3,339
and does not give, and shall not be construed as giving, any 3,340
rights or any grounds for appeal or post-conviction relief to any 3,341
person. The plan shall include all of the following: 3,342
(1) A system for cross-referral of reported cases of abuse 3,344
and neglect as necessary; 3,345
(2) Standards and procedures to be used in handling and 3,347
coordinating investigations of reported cases of child abuse and 3,348
reported cases of child neglect, methods to be used in 3,349
interviewing the child who is the subject of the report and who 3,350
77
allegedly was abused or neglected, standards and procedures 3,351
addressing the categories of persons who may interview the child 3,352
who is the subject of the report and who allegedly was abused or 3,353
neglected, standards and procedures governing the making of a 3,354
videotape of any interview if an interview is videotaped, a 3,355
system for sharing the information obtained as a result of any 3,356
interview and any videotape made of it, and a system for reducing 3,357
the number of times that the child who is the subject of the 3,358
report and who allegedly was abused or neglected is interviewed; 3,359
(3) Any other standards, procedures, or systems that the 3,361
committee believes may minimize damage and trauma to the child 3,362
who is the subject of a reported case of child abuse or child 3,363
neglect; 3,364
(4) The name and title of the official directly 3,366
responsible for making reports to the central registry. 3,367
(K)(1) the person of receiving A person who is required to 3,369
make a report pursuant to division (A) of this section the person 3,370
making the report the person's the person of making the person's 3,371
the person making the report may make a reasonable number of 3,373
requests of the county department of human services or PUBLIC 3,374
children services board AGENCY that receives or is referred the 3,376
report to the person making the report be provided with the 3,377
following information:
(a) Whether the department or board AGENCY has initiated 3,379
an investigation of the report; 3,380
(b) Whether the department or board AGENCY is continuing 3,382
to investigate the report; 3,383
(c) Whether the department or board AGENCY is otherwise 3,385
involved with the child who is the subject of the report; 3,387
(d) The general status of the health and safety of the 3,389
child who is the subject of the report; 3,390
(e) Whether the report has resulted in the filing of a 3,392
complaint in juvenile court or of criminal charges in another 3,393
court. 3,394
78
(2) A person may request the information specified in 3,396
division (K)(1) of this section only if, at the time the report 3,397
is made, the person's name, address, and telephone number are 3,398
provided to the person who receives the report.
When a municipal or county peace officer or employee of a 3,400
county department of human services or PUBLIC children services 3,401
board AGENCY receives a report pursuant to division (A) or (B) of 3,404
this section the recipient of the report shall inform the person
of the right to request the information described in division 3,406
(K)(1) of this section. The recipient of the report shall 3,407
include in the initial child abuse or child neglect report that 3,408
the person making the report was so informed and, if provided at 3,409
the time of the making of the report, shall include the person's 3,410
name, address, and telephone number in the report.
the person's the person of making the person 3,412
Each request is subject to verification of the identity the 3,414
that person's the person of making of the person making the 3,415
report. If that person's identity is verified, the department or 3,416
board shall provide the person with the information described in 3,417
division (K)(1) of this section a reasonable number of times, 3,418
except that the department or board AGENCY shall not disclose any 3,419
confidential information regarding the child who is the subject 3,420
of the report other than the information described in those 3,421
divisions.
(3) A request made pursuant to division (K)(1) of this 3,423
section is not a substitute for any report required to be made 3,424
pursuant to division (A) of this section. 3,425
(L) The department of human services shall exercise 3,427
rule-making authority under Chapter 119. of the Revised Code to 3,428
aid in the implementation of this section. The department may 3,430
enter into a plan of cooperation with any other governmental 3,432
entity to aid in ensuring that children are protected from abuse 3,433
and neglect. The department shall make recommendations to the 3,434
attorney general that the department determines are necessary to 3,435
79
protect children from child abuse and child neglect. 3,436
(M) No later than the end of the day following the day on 3,439
which a PUBLIC children services board or county department of 3,441
human services exercising the children services function AGENCY 3,442
receives a report of alleged child abuse or child neglect, or a 3,443
report of an alleged threat of child abuse or child neglect, that 3,444
allegedly occurred in or involved an out-of-home care entity, the 3,445
board or department AGENCY shall provide written notice of the 3,447
allegations contained in and the person named as the alleged
perpetrator in the report to the administrator, director, or 3,448
other chief administrative officer of the out-of-home care entity 3,449
that is the subject of the report unless the administrator, 3,450
director, or other chief administrative officer is named as an 3,451
alleged perpetrator in the report. If the administrator, 3,452
director, or other chief administrative officer of an out-of-home 3,453
care entity is named as an alleged perpetrator in a report of 3,454
alleged child abuse or child neglect, or a report of an alleged 3,455
threat of child abuse or child neglect, that allegedly occurred 3,456
in or involved the out-of-home care entity, the board or 3,457
department AGENCY shall provide the written notice to the owner 3,459
or governing board of the out-of-home care entity that is the 3,460
subject of the report. The board or department AGENCY shall not 3,461
provide witness statements or police or other investigative 3,462
reports.
(N) No later than three days after the day on which a 3,465
PUBLIC children services board or county department of human
services exercising the children services function AGENCY makes a 3,466
disposition of an investigation involving a report of alleged 3,467
child abuse or child neglect, or a report of an alleged threat of 3,468
child abuse or child neglect, that allegedly occurred in or 3,469
involved an out-of-home care entity, the board or department 3,470
AGENCY shall provide written notice of the disposition of the 3,472
investigation to the administrator, director, or other chief 3,473
administrative officer and the owner or governing board of the 3,474
80
out-of-home care entity. The board or department AGENCY shall 3,475
not provide witness statements or police or other investigative 3,477
reports.
Sec. 2301.03. (A) In Franklin county, the judges of the 3,487
court of common pleas whose terms begin on January 1, 1953, 3,488
January 2, 1953, January 5, 1969, January 5, 1977, and January 2, 3,489
1997, and successors, shall have the same qualifications, 3,490
exercise the same powers and jurisdiction, and receive the same 3,491
compensation as other judges of the court of common pleas of 3,492
Franklin county and shall be elected and designated as judges of 3,493
the court of common pleas, division of domestic relations. They 3,494
shall have all the powers relating to juvenile courts, and all 3,495
cases under Chapter 2151. of the Revised Code, all parentage 3,496
proceedings under Chapter 3111. of the Revised Code over which 3,497
the juvenile court has jurisdiction, and all divorce, dissolution 3,498
of marriage, legal separation, and annulment cases shall be 3,499
assigned to them. In addition to the judge's regular duties, the 3,500
judge who is senior in point of service shall serve on the 3,502
children services board and the county advisory board and shall 3,503
be the administrator of the domestic relations division and its 3,504
subdivisions and departments.
(B)(1) In Hamilton county, the judge of the court of 3,506
common pleas, whose term begins on January 1, 1957, and 3,507
successors, and the judge of the court of common pleas, whose 3,508
term begins on February 14, 1967, and successors, shall be the 3,509
juvenile judges as provided in Chapter 2151. of the Revised Code, 3,510
with the powers and jurisdiction conferred by that chapter. 3,511
(2) The judges of the court of common pleas whose terms 3,513
begin on January 5, 1957, January 16, 1981, and July 1, 1991, and 3,514
successors, shall be elected and designated as judges of the 3,515
court of common pleas, division of domestic relations, and shall 3,516
have assigned to them all divorce, dissolution of marriage, legal 3,517
separation, and annulment cases coming before the court. On or 3,518
after the first day of July and before the first day of August of 3,519
81
1991 and each year thereafter, a majority of the judges of the 3,520
division of domestic relations shall elect one of the judges of 3,521
the division as administrative judge of that division. If a 3,522
majority of the judges of the division of domestic relations are 3,523
unable for any reason to elect an administrative judge for the 3,525
division before the first day of August, a majority of the judges 3,526
of the Hamilton county court of common pleas, as soon as possible 3,527
after that date, shall elect one of the judges of the division of 3,528
domestic relations as administrative judge of that division. The 3,529
term of the administrative judge shall begin on the earlier of 3,530
the first day of August of the year in which the administrative 3,531
judge is elected or the date on which the administrative judge is 3,533
elected by a majority of the judges of the Hamilton county court 3,536
of common pleas and shall terminate on the date on which the 3,537
administrative judge's successor is elected in the following 3,538
year. 3,539
In addition to the judge's regular duties, the 3,541
administrative judge of the division of domestic relations shall 3,543
be the administrator of the domestic relations division and its 3,544
subdivisions and departments and shall have charge of the 3,545
employment, assignment, and supervision of the personnel of the 3,546
division engaged in handling, servicing, or investigating 3,547
divorce, dissolution of marriage, legal separation, and annulment 3,548
cases, including any referees considered necessary by the judges 3,549
in the discharge of their various duties. 3,550
The administrative judge of the division of domestic 3,552
relations also shall designate the title, compensation, expense 3,553
allowances, hours, leaves of absence, and vacations of the 3,554
personnel of the division, and shall fix the duties of its 3,555
personnel. The duties of the personnel, in addition to those 3,556
provided for in other sections of the Revised Code, shall include 3,557
the handling, servicing, and investigation of divorce, 3,558
dissolution of marriage, legal separation, and annulment cases 3,559
and counseling and conciliation services that may be made 3,560
82
available to persons requesting them, whether or not the persons 3,561
are parties to an action pending in the division. 3,562
The board of county commissioners shall appropriate the sum 3,564
of money each year as will meet all the administrative expenses 3,565
of the division of domestic relations, including reasonable 3,566
expenses of the domestic relations judges and the division 3,567
counselors and other employees designated to conduct the 3,568
handling, servicing, and investigation of divorce, dissolution of 3,569
marriage, legal separation, and annulment cases, conciliation and 3,570
counseling, and all matters relating to those cases and 3,571
counseling, and the expenses involved in the attendance of 3,572
division personnel at domestic relations and welfare conferences 3,573
designated by the division, and the further sum each year as will 3,574
provide for the adequate operation of the division of domestic 3,575
relations. 3,576
The compensation and expenses of all employees and the 3,578
salary and expenses of the judges shall be paid by the county 3,579
treasurer from the money appropriated for the operation of the 3,580
division, upon the warrant of the county auditor, certified to by 3,581
the administrative judge of the division of domestic relations. 3,582
The summonses, warrants, citations, subpoenas, and other 3,584
writs of the division may issue to a bailiff, constable, or staff 3,585
investigator of the division or to the sheriff of any county or 3,586
any marshal, constable, or police officer, and the provisions of 3,587
law relating to the subpoenaing of witnesses in other cases shall 3,588
apply insofar as they are applicable. When a summons, warrant, 3,589
citation, subpoena, or other writ is issued to an officer, other 3,590
than a bailiff, constable, or staff investigator of the division, 3,591
the expense of serving it shall be assessed as a part of the 3,592
costs in the case involved. 3,593
(3) The judge of the court of common pleas of Hamilton 3,596
County whose term begins on January 3, 1997, shall be elected and 3,597
designated for one term only as the drug court judge of the court 3,598
of common pleas of Hamilton County, and the successors to that 3,600
83
judge shall be elected and designated as judges of the general 3,601
division of the court of common pleas of Hamilton county and 3,602
shall not have the authority granted by division (B)(3) of this 3,603
section. The drug court judge may accept or reject any case 3,604
referred to the drug court judge under division (B)(3) of this 3,605
section. After the drug court judge accepts a referred case, the 3,606
drug court judge has full authority over the case, including the 3,607
authority to conduct arraignment, accept pleas, enter findings 3,608
and dispositions, conduct trials, order treatment, and if 3,609
treatment is not successfully completed pronounce and enter 3,610
sentence.
A judge of the general division of the court of common 3,612
pleas of Hamilton County and a judge of the Hamilton County 3,614
municipal court may refer to the drug court judge any case, and 3,615
any companion cases, the judge determines meet the criteria 3,616
described under divisions (B)(3)(a) and (b) of this section. If 3,618
the drug court judge accepts referral of a referred case, the 3,619
case, and any companion cases, shall be transferred to the drug 3,621
court judge. A judge may refer a case meeting the criteria
described in divisions (B)(3)(a) and (b) of this section that 3,623
involves a violation of a term of probation to the drug court 3,624
judge, and, if the drug court judge accepts the referral, the 3,626
referring judge and the drug court judge have concurrent 3,627
jurisdiction over the case.
A judge of the general division of the court of common 3,629
pleas of Hamilton County and a judge of the Hamilton County 3,630
municipal court may refer a case to the drug court judge under 3,631
division (B)(3) of this section if the judge determines that both 3,632
of the following apply:
(a) One of the following applies: 3,634
(i) The case involves a drug abuse offense, as defined in 3,636
section 2925.01 of the Revised Code, that is a felony of the 3,638
third or fourth degree if the offense is committed prior to July 3,639
1, 1996, a felony of the third, fourth, or fifth degree if the 3,640
84
offense is committed on or after July 1, 1996, or a misdemeanor. 3,641
(ii) The case involves a theft offense, as defined in 3,643
section 2913.01 of the Revised Code, that is a felony of the 3,645
third or fourth degree if the offense is committed prior to July 3,646
1, 1996, a felony of the third, fourth, or fifth degree if the 3,647
offense is committed on or after July 1, 1996, or a misdemeanor, 3,648
and the defendant is drug or alcohol dependent or in danger of 3,649
becoming drug or alcohol dependent and would benefit from 3,650
treatment.
(b) All of the following apply: 3,652
(i) The case involves a probationable offense or a case in 3,654
which a mandatory prison term is not required to be imposed. 3,655
(ii) The defendant has no history of violent behavior. 3,657
(iii) The defendant has no history of mental illness. 3,659
(iv) The defendant's current or past behavior, or both, is 3,661
drug or alcohol driven. 3,662
(v) The defendant demonstrates a sincere willingness to 3,664
participate in a fifteen-month treatment process. 3,665
(vi) The defendant has no acute health condition. 3,667
(vii) If the defendant is incarcerated, the county 3,669
prosecutor approves of the referral. 3,670
(4) If the administrative judge of the court of common 3,672
pleas of Hamilton county determines that the volume of cases 3,673
pending before the drug court judge does not constitute a 3,674
sufficient caseload for the drug court judge, the administrative 3,675
judge, in accordance with the Rules of Superintendance 3,676
SUPERINTENDENCE for Courts of Common Pleas, shall assign 3,677
individual cases to the drug court judge from the general docket 3,678
of the court. If the assignments so occur, the administrative
judge shall cease the assignments when the administrative judge 3,679
determines that the volume of cases pending before the drug court 3,680
judge constitutes a sufficient caseload for the drug court judge. 3,681
(C) In Lorain county, the judges of the court of common 3,683
pleas whose terms begin on January 3, 1959, and January 4, 1989, 3,684
85
and successors, shall have the same qualifications, exercise the 3,685
same powers and jurisdiction, and receive the same compensation 3,686
as the other judges of the court of common pleas of Lorain county 3,687
and shall be elected and designated as the judges of the court of 3,688
common pleas, division of domestic relations. They shall have 3,689
all of the powers relating to juvenile courts, and all cases 3,690
under Chapter 2151. of the Revised Code, all parentage 3,691
proceedings over which the juvenile court has jurisdiction, and 3,692
all divorce, dissolution of marriage, legal separation, and 3,693
annulment cases shall be assigned to them, except in any cases 3,694
that for some special reason are assigned to some other judge of 3,695
the court of common pleas. 3,696
(D)(1) In Lucas county, the judges of the court of common 3,698
pleas whose terms begin on January 1, 1955, and January 3, 1965, 3,699
and successors, shall have the same qualifications, exercise the 3,700
same powers and jurisdiction, and receive the same compensation 3,701
as other judges of the court of common pleas of Lucas county and 3,702
shall be elected and designated as judges of the court of common 3,703
pleas, division of domestic relations. All divorce, dissolution 3,704
of marriage, legal separation, and annulment cases shall be 3,705
assigned to them. 3,706
The judge of the division of domestic relations, senior in 3,708
point of service, shall be considered as the presiding judge of 3,709
the court of common pleas, division of domestic relations, and 3,710
shall be charged exclusively with the assignment and division of 3,711
the work of the division and the employment and supervision of 3,712
all other personnel of the domestic relations division. 3,713
(2) The judges of the court of common pleas whose terms 3,715
begin on January 5, 1977, and January 2, 1991, and successors 3,716
shall have the same qualifications, exercise the same powers and 3,717
jurisdiction, and receive the same compensation as other judges 3,718
of the court of common pleas of Lucas county, shall be elected 3,719
and designated as judges of the court of common pleas, juvenile 3,720
division, and shall be the juvenile judges as provided in Chapter 3,721
86
2151. of the Revised Code with the powers and jurisdictions 3,722
conferred by that chapter. In addition to the judge's regular 3,724
duties, the judge of the court of common pleas, juvenile 3,725
division, senior in point of service, shall be the administrator 3,726
of the juvenile division and its subdivisions and departments and 3,727
shall have charge of the employment, assignment, and supervision 3,728
of the personnel of the division engaged in handling, servicing, 3,729
or investigating juvenile cases, including any referees 3,730
considered necessary by the judges of the division in the 3,731
discharge of their various duties. 3,732
The judge of the court of common pleas, juvenile division, 3,734
senior in point of service, also shall designate the title, 3,735
compensation, expense allowance, hours, leaves of absence, and 3,736
vacation of the personnel of the division and shall fix the 3,737
duties of the personnel of the division. The duties of the 3,738
personnel, in addition to other statutory duties include the 3,739
handling, servicing, and investigation of juvenile cases and 3,740
counseling and conciliation services that may be made available 3,741
to persons requesting them, whether or not the persons are 3,742
parties to an action pending in the division. 3,743
(3) If one of the judges of the court of common pleas, 3,745
division of domestic relations, or one of the judges of the 3,746
juvenile division is sick, absent, or unable to perform that the 3,747
judge's judicial duties or the volume of cases pending in that 3,749
judge's division necessitates it, the duties shall be performed 3,750
by the judges of the other of those divisions. 3,752
(E)(1) In Mahoning county, the judge of the court of 3,754
common pleas whose term began on January 1, 1955, and successors, 3,755
shall have the same qualifications, exercise the same powers and 3,756
jurisdiction, and receive the same compensation as other judges 3,757
of the court of common pleas of Mahoning county, shall be elected 3,758
and designated as judge of the court of common pleas, division of 3,759
domestic relations, and shall be assigned all the divorce, 3,762
dissolution of marriage, legal separation, and annulment cases 3,763
87
coming before the court. In addition to the judge's regular 3,764
duties, the judge of the court of common pleas, division of
domestic relations, shall be the administrator of the domestic 3,765
relations division and its subdivisions and departments and shall 3,766
have charge of the employment, assignment, and supervision of the 3,767
personnel of the division engaged in handling, servicing, or 3,768
investigating divorce, dissolution of marriage, legal separation, 3,769
and annulment cases, including any referees considered necessary 3,770
in the discharge of the various duties of the judge's office. 3,772
The judge also shall designate the title, compensation, 3,774
expense allowances, hours, leaves of absence, and vacations of 3,775
the personnel of the division and shall fix the duties of the 3,776
personnel of the division. The duties of the personnel, in 3,777
addition to other statutory duties, include the handling, 3,778
servicing, and investigation of divorce, dissolution of marriage, 3,779
legal separation, and annulment cases and counseling and 3,780
conciliation services that may be made available to persons 3,781
requesting them, whether or not the persons are parties to an 3,782
action pending in the division. 3,783
(2) The judge of the court of common pleas whose term 3,785
began on January 2, 1969, and successors, shall have the same 3,786
qualifications, exercise the same powers and jurisdiction, and 3,787
receive the same compensation as other judges of the court of 3,788
common pleas of Mahoning county, shall be elected and designated 3,789
as judge of court of common pleas, juvenile division, and shall 3,790
be the juvenile judge as provided in Chapter 2151. of the Revised 3,791
Code, with the powers and jurisdictions conferred by that 3,792
chapter. In addition to the judge's regular duties, the judge of 3,794
the court of common pleas, juvenile division, shall be the 3,795
administrator of the juvenile division and its subdivisions and 3,796
departments and shall have charge of the employment, assignment, 3,797
and supervision of the personnel of the division engaged in 3,798
handling, servicing, or investigating juvenile cases, including 3,799
any referees considered necessary by the judge in the discharge 3,800
88
of the judge's various duties. 3,801
The judge also shall designate the title, compensation, 3,803
expense allowances, hours, leaves of absence, and vacation of the 3,804
personnel of the division and shall fix the duties of the 3,805
personnel of the division. The duties of the personnel, in 3,806
addition to other statutory duties, include the handling, 3,807
servicing, and investigation of juvenile cases and counseling and 3,808
conciliation services that may be made available to persons 3,809
requesting them, whether or not the persons are parties to an 3,810
action pending in the division. 3,811
(3) If a judge of the court of common pleas, division of 3,813
domestic relations or juvenile division, is sick, absent, or 3,814
unable to perform that judge's judicial duties, or the volume of 3,816
cases pending in that judge's division necessitates it, that the 3,818
judge's duties shall be performed by another judge of the court 3,819
of common pleas.
(F)(1) In Montgomery county, the judges of the court of 3,821
common pleas whose terms begin on January 2, 1953, and January 4, 3,822
1977, and successors, shall have the same qualifications, 3,823
exercise the same powers and jurisdiction, and receive the same 3,824
compensation as other judges of the court of common pleas of 3,825
Montgomery county and shall be elected and designated as judges 3,826
of the court of common pleas, division of domestic relations. 3,827
These judges shall have assigned to them all divorce, dissolution 3,828
of marriage, legal separation, and annulment cases. 3,829
The judge of the division of domestic relations, senior in 3,831
point of service, shall be charged exclusively with the 3,832
assignment and division of the work of the division and shall 3,833
have charge of the employment and supervision of the personnel of 3,834
the division engaged in handling, servicing, or investigating 3,835
divorce, dissolution of marriage, legal separation, and annulment 3,836
cases, including any necessary referees, except those employees 3,837
who may be appointed by the judge, junior in point of service, 3,838
under this section and sections 2301.12, 2301.18, and 2301.19 of 3,839
89
the Revised Code. The judge of the division of domestic 3,840
relations, senior in point of service, also shall designate the 3,841
title, compensation, expense allowances, hours, leaves of 3,842
absence, and vacation of the personnel of the division and shall 3,843
fix their duties. 3,844
(2) The judges of the court of common pleas whose terms 3,846
begin on January 1, 1953, and January 1, 1993, and successors, 3,847
shall have the same qualifications, exercise the same powers and 3,848
jurisdiction, and receive the same compensation as other judges 3,849
of the court of common pleas of Montgomery county, shall be 3,850
elected and designated as judges of the court of common pleas, 3,851
juvenile division, and shall be, and have the powers and 3,852
jurisdiction of, the juvenile judge as provided in Chapter 2151. 3,853
of the Revised Code. 3,854
In addition to the judge's regular duties, the judge of the 3,856
court of common pleas, juvenile division, senior in point of 3,858
service, shall be the administrator of the juvenile division and 3,859
its subdivisions and departments and shall have charge of the 3,860
employment, assignment, and supervision of the personnel of the 3,861
juvenile division, including any necessary referees, who are 3,862
engaged in handling, servicing, or investigating juvenile cases. 3,863
The judge, senior in point of service, also shall designate the 3,864
title, compensation, expense allowances, hours, leaves of 3,865
absence, and vacation of the personnel of the division and shall 3,866
fix their duties. The duties of the personnel, in addition to 3,867
other statutory duties, shall include the handling, servicing, 3,868
and investigation of juvenile cases and of any counseling and 3,869
conciliation services that are available upon request to persons, 3,870
whether or not they are parties to an action pending in the 3,871
division. 3,872
If one of the judges of the court of common pleas, division 3,874
of domestic relations, or one of the judges of the court of 3,875
common pleas, juvenile division, is sick, absent, or unable to 3,876
perform that the judge's duties or the volume of cases pending in 3,878
90
that judge's division necessitates it, the duties of that judge 3,880
may be performed by the judge or judges of the other of those 3,881
divisions.
(G) In Richland county, the judge of the court of common 3,883
pleas whose term begins on January 1, 1957, and successors, shall 3,884
have the same qualifications, exercise the same powers and 3,885
jurisdiction, and receive the same compensation as the other 3,886
judges of the court of common pleas of Richland county and shall 3,887
be elected and designated as judge of the court of common pleas, 3,888
division of domestic relations. That judge shall have all of the 3,890
powers relating to juvenile courts, and all cases under Chapter 3,891
2151. of the Revised Code, all parentage proceedings over which 3,892
the juvenile court has jurisdiction, and all divorce, dissolution 3,893
of marriage, legal separation, and annulment cases shall be 3,894
assigned to that judge, except in cases that for some special 3,895
reason are assigned to some other judge of the court of common 3,897
pleas.
(H) In Stark county, the judges of the court of common 3,899
pleas whose terms begin on January 1, 1953, January 2, 1959, and 3,900
January 1, 1993, and successors, shall have the same 3,901
qualifications, exercise the same powers and jurisdiction, and 3,902
receive the same compensation as other judges of the court of 3,903
common pleas of Stark county and shall be elected and designated 3,904
as judges of the court of common pleas, division of domestic 3,905
relations. They shall have all the powers relating to juvenile 3,906
courts, and all cases under Chapter 2151. of the Revised Code, 3,907
all parentage proceedings over which the juvenile court has 3,908
jurisdiction, and all divorce, dissolution of marriage, legal 3,909
separation, and annulment cases, except cases that are assigned 3,910
to some other judge of the court of common pleas for some special 3,911
reason, shall be assigned to the judges. 3,912
The judge of the division of domestic relations, second 3,914
most senior in point of service, shall have charge of the 3,915
employment and supervision of the personnel of the division 3,916
91
engaged in handling, servicing, or investigating divorce, 3,917
dissolution of marriage, legal separation, and annulment cases, 3,918
and necessary referees required for his THE JUDGE'S respective 3,919
court. 3,920
The judge of the division of domestic relations, senior in 3,922
point of service, shall be charged exclusively with the 3,923
administration of sections 2151.13, 2151.16, 2151.17, and 2151.18 3,924
of the Revised Code and with the assignment and division of the 3,925
work of the division and the employment and supervision of all 3,926
other personnel of the division, including, but not limited to, 3,927
that judge's necessary referees, but excepting those employees 3,929
who may be appointed by the judge second most senior in point of 3,930
service. The senior judge further shall serve as administrator 3,931
of the bureau of aid to dependent children and shall serve in 3,932
every other position in which the statutes permit or require a 3,933
juvenile judge to serve. 3,934
(I) In Summit county: 3,936
(1) The judges of the court of common pleas whose terms 3,938
begin on January 4, 1967, and January 6, 1993, and successors, 3,939
shall have the same qualifications, exercise the same powers and 3,940
jurisdiction, and receive the same compensation as other judges 3,941
of the court of common pleas of Summit county and shall be 3,942
elected and designated as judges of the court of common pleas, 3,943
division of domestic relations. The judges of the division of 3,944
domestic relations shall have assigned to them and hear all 3,945
divorce, dissolution of marriage, legal separation, and annulment 3,946
cases that come before the court. 3,947
The judge of the division of domestic relations, senior in 3,949
point of service, shall be the administrator of the domestic 3,950
relations division and its subdivisions and departments and shall 3,951
have charge of the employment, assignment, and supervision of the 3,952
personnel of the division, including any necessary referees, who 3,953
are engaged in handling, servicing, or investigating divorce, 3,954
dissolution of marriage, legal separation, and annulment cases. 3,955
92
That judge also shall designate the title, compensation, expense 3,956
allowances, hours, leaves of absence, and vacations of the 3,957
personnel of the division and shall fix their duties. The duties 3,958
of the personnel, in addition to other statutory duties, shall 3,959
include the handling, servicing, and investigation of divorce, 3,960
dissolution of marriage, legal separation, and annulment cases 3,961
and of any counseling and conciliation services that are 3,962
available upon request to all persons, whether or not they are 3,963
parties to an action pending in the division. 3,964
(2) The judge of the court of common pleas whose term 3,966
begins on January 1, 1955, and successors, shall have the same 3,967
qualifications, exercise the same powers and jurisdiction, and 3,968
receive the same compensation as other judges of the court of 3,969
common pleas of Summit county, shall be elected and designated as 3,970
judge of the court of common pleas, juvenile division, and shall 3,971
be, and have the powers and jurisdiction of, the juvenile judge 3,972
as provided in Chapter 2151. of the Revised Code. 3,973
The juvenile judge shall be the administrator of the 3,975
juvenile division and its subdivisions and departments and shall 3,976
have charge of the employment, assignment, and supervision of the 3,977
personnel of the juvenile division, including any necessary 3,978
referees, who are engaged in handling, servicing, or 3,979
investigating juvenile cases. The judge also shall designate the 3,980
title, compensation, expense allowances, hours, leaves of 3,981
absence, and vacation of the personnel of the division and shall 3,982
fix their duties. The duties of the personnel, in addition to 3,983
other statutory duties, shall include the handling, servicing, 3,984
and investigation of juvenile cases and of any counseling and 3,985
conciliation services that are available upon request to persons, 3,986
whether or not they are parties to an action pending in the 3,987
division. 3,988
(J) In Trumbull county, the judges of the court of common 3,990
pleas whose terms begin on January 1, 1953, and January 2, 1977, 3,991
and successors, shall have the same qualifications, exercise the 3,992
93
same powers and jurisdiction, and receive the same compensation 3,993
as other judges of the court of common pleas of Trumbull county 3,994
and shall be elected and designated as judges of the court of 3,995
common pleas, division of domestic relations. They shall have 3,996
all the powers relating to juvenile courts, and all cases under 3,997
Chapter 2151. of the Revised Code, all parentage proceedings over 3,998
which the juvenile court has jurisdiction, and all divorce, 3,999
dissolution of marriage, legal separation, and annulment cases 4,000
shall be assigned to them, except cases that for some special 4,001
reason are assigned to some other judge of the court of common 4,002
pleas. 4,003
(K) In Butler county: 4,005
(1) The judges of the court of common pleas whose terms 4,007
begin on January 1, 1957, and January 4, 1993, and successors, 4,008
shall have the same qualifications, exercise the same powers and 4,009
jurisdiction, and receive the same compensation as other judges 4,010
of the court of common pleas of Butler county and shall be 4,011
elected and designated as judges of the court of common pleas, 4,012
division of domestic relations. The judges of the division of 4,013
domestic relations shall have assigned to them all divorce, 4,014
dissolution of marriage, legal separation, and annulment cases 4,015
coming before the court, except in cases that for some special 4,016
reason are assigned to some other judge of the court of common 4,017
pleas. The judge senior in point of service shall be charged 4,018
with the assignment and division of the work of the division and 4,019
with the employment and supervision of all other personnel of the 4,020
domestic relations division. 4,021
The judge senior in point of service also shall designate 4,023
the title, compensation, expense allowances, hours, leaves of 4,024
absence, and vacations of the personnel of the division and shall 4,025
fix their duties. The duties of the personnel, in addition to 4,026
other statutory duties, shall include the handling, servicing, 4,027
and investigation of divorce, dissolution of marriage, legal 4,028
separation, and annulment cases and providing any counseling and 4,029
94
conciliation services that the division makes available to 4,030
persons, whether or not the persons are parties to an action 4,031
pending in the division, who request the services. 4,032
(2) The judge of the court of common pleas whose term 4,034
begins on January 3, 1987, and successors, shall have the same 4,035
qualifications, exercise the same powers and jurisdiction, and 4,036
receive the same compensation as other judges of the court of 4,037
common pleas of Butler county, shall be elected and designated as 4,038
judge of the court of common pleas, juvenile division, and shall 4,039
be the juvenile judge as provided in Chapter 2151. of the Revised 4,040
Code, with the powers and jurisdictions conferred by that 4,041
chapter. The judge of the court of common pleas, juvenile 4,042
division, shall be the administrator of the juvenile division and 4,043
its subdivisions and departments. The judge shall have charge of 4,044
the employment, assignment, and supervision of the personnel of 4,045
the juvenile division who are engaged in handling, servicing, or 4,046
investigating juvenile cases, including any referees whom the 4,047
judge considers necessary for the discharge of the judge's 4,048
various duties. 4,049
The judge also shall designate the title, compensation, 4,051
expense allowances, hours, leaves of absence, and vacation of the 4,052
personnel of the division and shall fix their duties. The duties 4,053
of the personnel, in addition to other statutory duties, include 4,054
the handling, servicing, and investigation of juvenile cases and 4,055
providing any counseling and conciliation services that the 4,056
division makes available to persons, whether or not the persons 4,057
are parties to an action pending in the division, who request the 4,058
services. 4,059
(3) If a judge of the court of common pleas, division of 4,061
domestic relations or juvenile division, is sick, absent, or 4,062
unable to perform that the judge's judicial duties or the volume 4,063
of cases pending in the judge's division necessitates it, the 4,066
duties of that judge shall be performed by the other judges of 4,067
the domestic relations and juvenile divisions. 4,068
95
(L)(1) In Cuyahoga county, the judges of the court of 4,070
common pleas whose terms begin on January 8, 1961, January 9, 4,071
1961, January 18, 1975, January 19, 1975, and January 13, 1987, 4,072
and successors, shall have the same qualifications, exercise the 4,073
same powers and jurisdiction, and receive the same compensation 4,074
as other judges of the court of common pleas of Cuyahoga county 4,075
and shall be elected and designated as judges of the court of 4,076
common pleas, division of domestic relations. They shall have 4,077
all the powers relating to all divorce, dissolution of marriage, 4,078
legal separation, and annulment cases, except in cases that are 4,079
assigned to some other judge of the court of common pleas for 4,080
some special reason. 4,081
(2) The administrative judge is administrator of the 4,083
domestic relations division and its subdivisions and departments 4,084
and has the following powers concerning division personnel: 4,085
(a) Full charge of the employment, assignment, and 4,087
supervision; 4,088
(b) Sole determination of compensation, duties, expenses, 4,090
allowances, hours, leaves, and vacations. 4,091
(3) "Division personnel" include persons employed or 4,093
referees engaged in hearing, servicing, investigating, 4,094
counseling, or conciliating divorce, dissolution of marriage, 4,095
legal separation and annulment matters. 4,096
(M) In Lake county: 4,098
(1) The judge of the court of common pleas whose term 4,100
begins on January 2, 1961, and successors, shall have the same 4,101
qualifications, exercise the same powers and jurisdiction, and 4,102
receive the same compensation as the other judges of the court of 4,103
common pleas of Lake county and shall be elected and designated 4,104
as judge of the court of common pleas, division of domestic 4,105
relations. The judge shall be assigned all the divorce, 4,107
dissolution of marriage, legal separation, and annulment cases 4,108
coming before the court, except in cases that for some special 4,109
reason are assigned to some other judge of the court of common 4,110
96
pleas. The judge shall be charged with the assignment and 4,111
division of the work of the division and with the employment and 4,112
supervision of all other personnel of the domestic relations 4,113
division. 4,114
The judge also shall designate the title, compensation, 4,116
expense allowances, hours, leaves of absence, and vacations of 4,117
the personnel of the division and shall fix their duties. The 4,118
duties of the personnel, in addition to other statutory duties, 4,119
shall include the handling, servicing, and investigation of 4,120
divorce, dissolution of marriage, legal separation, and annulment 4,121
cases and providing any counseling and conciliation services that 4,122
the division makes available to persons, whether or not the 4,123
persons are parties to an action pending in the division, who 4,124
request the services. 4,125
(2) The judge of the court of common pleas whose term 4,127
begins on January 4, 1979, and successors, shall have the same 4,128
qualifications, exercise the same powers and jurisdiction, and 4,129
receive the same compensation as other judges of the court of 4,130
common pleas of Lake county, shall be elected and designated as 4,131
judge of the court of common pleas, juvenile division, and shall 4,132
be the juvenile judge as provided in Chapter 2151. of the Revised 4,133
Code, with the powers and jurisdictions conferred by that 4,134
chapter. The judge of the court of common pleas, juvenile 4,135
division, shall be the administrator of the juvenile division and 4,136
its subdivisions and departments. The judge shall have charge of 4,137
the employment, assignment, and supervision of the personnel of 4,138
the juvenile division who are engaged in handling, servicing, or 4,139
investigating juvenile cases, including any referees whom the 4,140
judge considers necessary for the discharge of the judge's 4,141
various duties. 4,142
The judge also shall designate the title, compensation, 4,144
expense allowances, hours, leaves of absence, and vacation of the 4,145
personnel of the division and shall fix their duties. The duties 4,146
of the personnel, in addition to other statutory duties, include 4,147
97
the handling, servicing, and investigation of juvenile cases and 4,148
providing any counseling and conciliation services that the 4,149
division makes available to persons, whether or not the persons 4,150
are parties to an action pending in the division, who request the 4,151
services. 4,152
(3) If a judge of the court of common pleas, division of 4,154
domestic relations or juvenile division, is sick, absent, or 4,155
unable to perform that the judge's judicial duties or the volume 4,156
of cases pending in the judge's division necessitates it, the 4,159
duties of that judge shall be performed by the other judges of 4,160
the domestic relations and juvenile divisions. 4,161
(N) In Erie county, the judge of the court of common pleas 4,163
whose term begins on January 2, 1971, and successors, shall have 4,164
the same qualifications, exercise the same powers and 4,165
jurisdiction, and receive the same compensation as the other 4,166
judge of the court of common pleas of Erie county and shall be 4,167
elected and designated as judge of the court of common pleas, 4,168
division of domestic relations. The judge shall have all the 4,169
powers relating to juvenile courts, and shall be assigned all 4,170
cases under Chapter 2151. of the Revised Code, parentage 4,172
proceedings over which the juvenile court has jurisdiction, and 4,174
divorce, dissolution of marriage, legal separation, and annulment 4,175
cases, except cases that for some special reason are assigned to 4,176
some other judge. 4,177
(O) In Greene county: 4,179
(1) The judge of the court of common pleas whose term 4,181
begins on January 1, 1961, and successors, shall have the same 4,182
qualifications, exercise the same powers and jurisdiction, and 4,183
receive the same compensation as the other judges of the court of 4,184
common pleas of Greene county and shall be elected and designated 4,185
as the judge of the court of common pleas, division of domestic 4,186
relations. The judge shall be assigned all divorce, dissolution 4,188
of marriage, legal separation, annulment, uniform reciprocal 4,189
support enforcement, and domestic violence cases and all other 4,190
98
cases related to domestic relations, except cases that for some 4,191
special reason are assigned to some other judge of the court of 4,192
common pleas.
The judge shall be charged with the assignment and division 4,194
of the work of the division and with the employment and 4,195
supervision of all other personnel of the division. The judge 4,197
also shall designate the title, compensation, hours, leaves of 4,199
absence, and vacations of the personnel of the division and shall 4,200
fix their duties. The duties of the personnel of the division, 4,201
in addition to other statutory duties, shall include the 4,202
handling, servicing, and investigation of divorce, dissolution of 4,203
marriage, legal separation, and annulment cases and the provision 4,204
of counseling and conciliation services that the division 4,205
considers necessary and makes available to persons who request 4,206
the services, whether or not the persons are parties in an action 4,207
pending in the division. The compensation for the personnel 4,208
shall be paid from the overall court budget and shall be included 4,209
in the appropriations for the existing judges of the general 4,210
division of the court of common pleas.
(2) The judge of the court of common pleas whose term 4,212
begins on January 1, 1995, and successors shall have the same 4,213
qualifications, exercise the same powers and jurisdiction, and 4,214
receive the same compensation as the other judges of the court of 4,215
common pleas of Greene county, shall be elected and designated as 4,216
judge of the court of common pleas, juvenile division, and, on or 4,217
after January 1, 1995, shall be the juvenile judge as provided in 4,218
Chapter 2151. of the Revised Code with the powers and 4,219
jurisdiction conferred by that chapter. The judge of the court 4,220
of common pleas, juvenile division, shall be the administrator of 4,221
the juvenile division and its subdivisions and departments. The 4,222
judge shall have charge of the employment, assignment, and 4,223
supervision of the personnel of the juvenile division who are 4,224
engaged in handling, servicing, or investigating juvenile cases, 4,225
including any referees whom the judge considers necessary for the 4,226
99
discharge of the judge's various duties. 4,227
The judge also shall designate the title, compensation, 4,229
expense allowances, hours, leaves of absence, and vacation of the 4,230
personnel of the division and shall fix their duties. The duties 4,231
of the personnel, in addition to other statutory duties, include 4,232
the handling, servicing, and investigation of juvenile cases and 4,233
providing any counseling and conciliation services that the court 4,234
makes available to persons, whether or not the persons are 4,235
parties to an action pending in the court, who request the 4,236
services. 4,237
(3) If one of the judges of the court of common pleas, 4,239
general division, is sick, absent, or unable to perform that the 4,240
judge's judicial duties or the volume of cases pending in the 4,241
general division necessitates it, the duties of that judge of the 4,243
general division shall be performed by the judge of the division 4,244
of domestic relations and the judge of the juvenile division. 4,245
(P) In Portage county, the judge of the court of common 4,247
pleas, whose term begins January 2, 1987, and successors, shall 4,248
have the same qualifications, exercise the same powers and 4,249
jurisdiction, and receive the same compensation as the other 4,250
judges of the court of common pleas of Portage county and shall 4,251
be elected and designated as judge of the court of common pleas, 4,252
division of domestic relations. The judge shall be assigned all 4,254
divorce, dissolution of marriage, legal separation, and annulment 4,256
cases coming before the court, except in cases that for some 4,257
special reason are assigned to some other judge of the court of 4,258
common pleas. The judge shall be charged with the assignment and 4,259
division of the work of the division and with the employment and 4,260
supervision of all other personnel of the domestic relations 4,261
division.
The judge also shall designate the title, compensation, 4,263
expense allowances, hours, leaves of absence, and vacations of 4,264
the personnel of the division and shall fix their duties. The 4,265
duties of the personnel, in addition to other statutory duties, 4,266
100
shall include the handling, servicing, and investigation of 4,267
divorce, dissolution of marriage, legal separation, and annulment 4,268
cases and providing any counseling and conciliation services that 4,269
the division makes available to persons, whether or not the 4,270
persons are parties to an action pending in the division, who 4,271
request the services. 4,272
(Q) In Clermont county, the judge of the court of common 4,274
pleas, whose term begins January 2, 1987, and successors, shall 4,275
have the same qualifications, exercise the same powers and 4,276
jurisdiction, and receive the same compensation as the other 4,277
judges of the court of common pleas of Clermont county and shall 4,278
be elected and designated as judge of the court of common pleas, 4,279
division of domestic relations. The judge shall be assigned all 4,281
divorce, dissolution of marriage, legal separation, and annulment 4,283
cases coming before the court, except in cases that for some 4,284
special reason are assigned to some other judge of the court of 4,285
common pleas. The judge shall be charged with the assignment and 4,286
division of the work of the division and with the employment and 4,287
supervision of all other personnel of the domestic relations 4,288
division.
The judge also shall designate the title, compensation, 4,290
expense allowances, hours, leaves of absence, and vacations of 4,291
the personnel of the division and shall fix their duties. The 4,292
duties of the personnel, in addition to other statutory duties, 4,293
shall include the handling, servicing, and investigation of 4,294
divorce, dissolution of marriage, legal separation, and annulment 4,295
cases and providing any counseling and conciliation services that 4,296
the division makes available to persons, whether or not the 4,297
persons are parties to an action pending in the division, who 4,298
request the services. 4,299
(R) In Warren county, the judge of the court of common 4,301
pleas, whose term begins January 1, 1987, and successors, shall 4,302
have the same qualifications, exercise the same powers and 4,303
jurisdiction, and receive the same compensation as the other 4,304
101
judges of the court of common pleas of Warren county and shall be 4,305
elected and designated as judge of the court of common pleas, 4,306
division of domestic relations. The judge shall be assigned all 4,308
divorce, dissolution of marriage, legal separation, and annulment 4,310
cases coming before the court, except in cases that for some 4,311
special reason are assigned to some other judge of the court of 4,312
common pleas. The judge shall be charged with the assignment and 4,313
division of the work of the division and with the employment and 4,314
supervision of all other personnel of the domestic relations 4,315
division.
The judge also shall designate the title, compensation, 4,317
expense allowances, hours, leaves of absence, and vacations of 4,318
the personnel of the division and shall fix their duties. The 4,319
duties of the personnel, in addition to other statutory duties, 4,320
shall include the handling, servicing, and investigation of 4,321
divorce, dissolution of marriage, legal separation, and annulment 4,322
cases and providing any counseling and conciliation services that 4,323
the division makes available to persons, whether or not the 4,324
persons are parties to an action pending in the division, who 4,325
request the services. 4,326
(S) In Licking county, the judge of the court of common 4,328
pleas, whose term begins January 1, 1991, and successors, shall 4,329
have the same qualifications, exercise the same powers and 4,330
jurisdiction, and receive the same compensation as the other 4,331
judges of the court of common pleas of Licking county and shall 4,332
be elected and designated as judge of the court of common pleas, 4,333
division of domestic relations. The judge shall be assigned all 4,335
divorce, dissolution of marriage, legal separation, and annulment 4,337
cases, all cases arising under Chapter 3111. of the Revised Code, 4,338
all proceedings involving child support, the allocation of 4,339
parental rights and responsibilities for the care of children and 4,340
the designation for the children of a place of residence and 4,341
legal custodian, and visitation, and all post-decree proceedings 4,342
and matters arising from those cases and proceedings, except in 4,343
102
cases that for some special reason are assigned to another judge 4,344
of the court of common pleas. The judge shall be charged with 4,345
the assignment and division of the work of the division and with 4,346
the employment and supervision of the personnel of the division. 4,347
The judge shall designate the title, compensation, expense 4,349
allowances, hours, leaves of absence, and vacations of the 4,350
personnel of the division and shall fix the duties of the 4,351
personnel of the division. The duties of the personnel of the 4,352
division, in addition to other statutory duties, shall include 4,353
the handling, servicing, and investigation of divorce, 4,354
dissolution of marriage, legal separation, and annulment cases, 4,355
cases arising under Chapter 3111. of the Revised Code, and 4,356
proceedings involving child support, the allocation of parental 4,357
rights and responsibilities for the care of children and the 4,358
designation for the children of a place of residence and legal 4,359
custodian, and visitation and providing any counseling and 4,360
conciliation services that the division makes available to 4,361
persons, whether or not the persons are parties to an action 4,362
pending in the division, who request the services. 4,363
(T) In Allen county, the judge of the court of common 4,365
pleas, whose term begins January 1, 1993, and successors, shall 4,366
have the same qualifications, exercise the same powers and 4,367
jurisdiction, and receive the same compensation as the other 4,368
judges of the court of common pleas of Allen county and shall be 4,369
elected and designated as judge of the court of common pleas, 4,370
division of domestic relations. The judge shall be assigned all 4,372
divorce, dissolution of marriage, legal separation, and annulment 4,374
cases, all cases arising under Chapter 3111. of the Revised Code, 4,375
all proceedings involving child support, the allocation of 4,376
parental rights and responsibilities for the care of children and 4,377
the designation for the children of a place of residence and 4,378
legal custodian, and visitation, and all post-decree proceedings 4,379
and matters arising from those cases and proceedings, except in 4,380
cases that for some special reason are assigned to another judge 4,381
103
of the court of common pleas. The judge shall be charged with 4,382
the assignment and division of the work of the division and with 4,383
the employment and supervision of the personnel of the division. 4,384
The judge shall designate the title, compensation, expense 4,386
allowances, hours, leaves of absence, and vacations of the 4,387
personnel of the division and shall fix the duties of the 4,388
personnel of the division. The duties of the personnel of the 4,389
division, in addition to other statutory duties, shall include 4,390
the handling, servicing, and investigation of divorce, 4,391
dissolution of marriage, legal separation, and annulment cases, 4,392
cases arising under Chapter 3111. of the Revised Code, and 4,393
proceedings involving child support, the allocation of parental 4,394
rights and responsibilities for the care of children and the 4,395
designation for the children of a place of residence and legal 4,396
custodian, and visitation, and providing any counseling and 4,397
conciliation services that the division makes available to 4,398
persons, whether or not the persons are parties to an action 4,399
pending in the division, who request the services. 4,400
(U) In Medina county, the judge of the court of common 4,402
pleas whose term begins January 1, 1995, and successors, shall 4,403
have the same qualifications, exercise the same powers and 4,404
jurisdiction, and receive the same compensation as other judges 4,405
of the court of common pleas of Medina county and shall be 4,406
elected and designated as judge of the court of common pleas, 4,407
division of domestic relations. The judge shall be assigned all 4,409
divorce, dissolution of marriage, legal separation, and annulment 4,411
cases, all cases arising under Chapter 3111. of the Revised Code, 4,412
all proceedings involving child support, the allocation of 4,413
parental rights and responsibilities for the care of children and 4,414
the designation for the children of a place of residence and 4,415
legal custodian, and visitation, and all post-decree proceedings 4,416
and matters arising from those cases and proceedings, except in 4,417
cases that for some special reason are assigned to another judge 4,418
of the court of common pleas. The judge shall be charged with 4,419
104
the assignment and division of the work of the division and with 4,420
the employment and supervision of the personnel of the division. 4,421
The judge shall designate the title, compensation, expense 4,423
allowances, hours, leaves of absence, and vacations of the 4,424
personnel of the division and shall fix the duties of the 4,425
personnel of the division. The duties of the personnel, in 4,426
addition to other statutory duties, include the handling, 4,427
servicing, and investigation of divorce, dissolution of marriage, 4,428
legal separation, and annulment cases, cases arising under 4,429
Chapter 3111. of the Revised Code, and proceedings involving 4,430
child support, the allocation of parental rights and 4,431
responsibilities for the care of children and the designation for 4,432
the children of a place of residence and legal custodian, and 4,433
visitation, and providing counseling and conciliation services 4,434
that the division makes available to persons, whether or not the 4,435
persons are parties to an action pending in the division, who 4,436
request the services. 4,437
(V) In Fairfield county, the judge of the court of common 4,439
pleas whose term begins January 2, 1995, and successors, shall 4,440
have the same qualifications, exercise the same powers and 4,441
jurisdiction, and receive the same compensation as the other 4,442
judges of the court of common pleas of Fairfield county and shall 4,443
be elected and designated as judge of the court of common pleas, 4,444
division of domestic relations. The judge shall be assigned all 4,446
divorce, dissolution of marriage, legal separation, and annulment 4,448
cases, all cases arising under Chapter 3111. of the Revised Code, 4,449
all proceedings involving child support, the allocation of 4,450
parental rights and responsibilities for the care of children and 4,451
the designation for the children of a place of residence and 4,452
legal custodian, and visitation, and all post-decree proceedings 4,453
and matters arising from those cases and proceedings, except in 4,454
cases that for some special reason are assigned to another judge 4,455
of the court of common pleas. The judge also has concurrent 4,456
jurisdiction with the probate-juvenile division of the court of
105
common pleas of Fairfield county with respect to and may hear 4,457
cases to determine the custody of a child, as defined in section 4,458
2151.011 of the Revised Code, who is not the ward of another 4,459
court of this state, cases that are commenced by a parent, 4,460
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 4,461
child to pay child support for that child when the request for 4,462
that order is not ancillary to an action for divorce, dissolution 4,463
of marriage, annulment, or legal separation, a criminal or civil 4,464
action involving an allegation of domestic violence, an action 4,465
for support under Chapter 3115. of the Revised Code, or an action
that is within the exclusive original jurisdiction of the 4,466
probate-juvenile division of the court of common pleas of 4,467
Fairfield county and that involves an allegation that the child 4,468
is an abused, neglected, or dependent child, and post-decree 4,469
proceedings and matters arising from those types of cases.
The judge of the domestic relations division shall be 4,471
charged with the assignment and division of the work of the 4,474
division and with the employment and supervision of the personnel 4,475
of the division.
The judge shall designate the title, compensation, expense 4,477
allowances, hours, leaves of absence, and vacations of the 4,478
personnel of the division and shall fix the duties of the 4,479
personnel of the division. The duties of the personnel of the 4,480
division, in addition to other statutory duties, shall include 4,481
the handling, servicing, and investigation of divorce, 4,482
dissolution of marriage, legal separation, and annulment cases, 4,483
cases arising under Chapter 3111. of the Revised Code, and 4,484
proceedings involving child support, the allocation of parental 4,485
rights and responsibilities for the care of children and the 4,486
designation for the children of a place of residence and legal 4,487
custodian, and visitation, and providing any counseling and 4,488
conciliation services that the division makes available to 4,489
persons, regardless of whether the persons are parties to an 4,490
106
action pending in the division, who request the services. When 4,492
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 4,493
ward of another court of this state or a case that is commenced 4,494
by a parent, guardian, or custodian of a child, as defined in 4,495
section 2151.011 of the Revised Code, to obtain an order 4,496
requiring a parent of the child to pay child support for that
child when the request for that order is not ancillary to an 4,497
action for divorce, dissolution of marriage, annulment, or legal 4,498
separation, a criminal or civil action involving an allegation of 4,499
domestic violence, an action for support under Chapter 3115. of 4,500
the Revised Code, or an action that is within the exclusive 4,501
original jurisdiction of the probate-juvenile division of the
court of common pleas of Fairfiled FAIRFIELD county and that 4,502
involves an allegation that the child is an abused, neglected, or 4,504
dependent child, the duties of the personnel of the domestic 4,505
relations division also include the handling, servicing, and
investigation of those types of cases. 4,506
(W)(1) In Clark county, the judge of the court of common 4,508
pleas whose term begins on January 2, 1995, and successors, shall 4,509
have the same qualifications, exercise the same powers and 4,510
jurisdiction, and receive the same compensation as other judges 4,511
of the court of common pleas of Clark county and shall be elected 4,512
and designated as judge of the court of common pleas, domestic 4,513
relations division. The judge shall have all the powers relating 4,515
to juvenile courts, and all cases under Chapter 2151. of the 4,516
Revised Code and all parentage proceedings under Chapter 3111. of 4,517
the Revised Code over which the juvenile court has jurisdiction 4,518
shall be assigned to the judge of the division of domestic 4,519
relations. All divorce, dissolution of marriage, legal 4,520
separation, annulment, uniform reciprocal support enforcement, 4,521
and other cases related to domestic relations shall be assigned 4,522
to the domestic relations division, and the presiding judge of 4,523
the court of common pleas shall assign the cases to the judge of 4,524
107
the domestic relations division and the judges of the general 4,525
division. 4,526
(2) In addition to the judge's regular duties, the judge 4,528
of the division of domestic relations shall serve on the children 4,530
services board and the county advisory board. 4,531
(3) If the judge of the court of common pleas of Clark 4,533
county, division of domestic relations, is sick, absent, or 4,534
unable to perform that the judge's judicial duties or if the 4,535
presiding judge of the court of common pleas of Clark county 4,538
determines that the volume of cases pending in the division of 4,539
domestic relations necessitates it, the duties of the judge of 4,540
the division of domestic relations shall be performed by the 4,541
judges of the general division or probate division of the court 4,542
of common pleas of Clark county, as assigned for that purpose by 4,543
the presiding judge of that court, and the judges so assigned 4,544
shall act in conjunction with the judge of the division of 4,545
domestic relations of that court. 4,546
(X) In Scioto county, the judge of the court of common 4,548
pleas whose term begins January 2, 1995, and successors, shall 4,550
have the same qualifications, exercise the same powers and 4,551
jurisdiction, and receive the same compensation as other judges 4,552
of the court of common pleas of Scioto county and shall be 4,553
elected and designated as judge of the court of common pleas, 4,554
division of domestic relations. The judge shall be assigned all 4,556
divorce, dissolution of marriage, legal separation, and annulment 4,558
cases, all cases arising under Chapter 3111. of the Revised Code, 4,559
all proceedings involving child support, the allocation of 4,560
parental rights and responsibilities for the care of children and 4,561
the designation for the children of a place of residence and 4,562
legal custodian, visitation, and all post-decree proceedings and 4,563
matters arising from those cases and proceedings, except in cases 4,564
that for some special reason are assigned to another judge of the 4,565
court of common pleas. The judge shall be charged with the 4,566
assignment and division of the work of the division and with the 4,567
108
employment and supervision of the personnel of the division. 4,568
The judge shall designate the title, compensation, expense 4,570
allowances, hours, leaves of absence, and vacations of the 4,571
personnel of the division and shall fix the duties of the 4,572
personnel of the division. The duties of the personnel, in 4,573
addition to other statutory duties, include the handling, 4,574
servicing, and investigation of divorce, dissolution of marriage, 4,575
legal separation, and annulment cases, cases arising under 4,576
Chapter 3111. of the Revised Code, and proceedings involving 4,577
child support, the allocation of parental rights and 4,578
responsibilities for the care of children and the designation for 4,579
the children of a place of residence and legal custodian, and 4,580
visitation, and providing counseling and conciliation services 4,581
that the division makes available to persons, whether or not the 4,582
persons are parties to an action pending in the division, who 4,583
request the services. 4,584
(Y) In Auglaize county, the judge of the probate and 4,586
juvenile divisions of the Auglaize county court of common pleas 4,587
also shall be the administrative judge of the domestic relations 4,588
division of the court and shall be assigned all divorce, 4,590
dissolution of marriage, legal separation, and annulment cases 4,591
coming before the court. The judge shall have all powers as 4,592
administrator of the domestic relations division and shall have 4,593
charge of the personnel engaged in handling, servicing, or 4,594
investigating divorce, dissolution of marriage, legal separation, 4,595
and annulment cases, including any referees considered necessary 4,596
for the discharge of the judge's various duties. 4,597
(Z) If a judge of the court of common pleas, division of 4,599
domestic relations, or juvenile judge, of any of the counties 4,600
mentioned in this section is sick, absent, or unable to perform 4,601
that the judge's judicial duties or the volume of cases pending 4,602
in the judge's division necessitates it, the duties of that judge 4,605
shall be performed by another judge of the court of common pleas 4,606
of that county, assigned for that purpose by the presiding judge 4,607
109
of the court of common pleas of that county to act in place of or 4,608
in conjunction with that judge, as the case may require. 4,609
Sec. 2301.35. (A) The board of county commissioners in 4,620
each EACH county, by resolution, shall designate one of the 4,623
following as the HAVE A child support enforcement agency for the 4,624
county: the county department of human services, the office of 4,625
the prosecuting attorney, a bureau within the court of common 4,626
pleas, or a separate agency under the direct control of the board 4,628
and administered by an official appointed by the board. The 4,629
board shall enter into a contract with the designated entity as 4,631
required by division (B) of this section. If, on or before 4,632
December 31, 1987, the board does not designate and enter into a 4,633
contract with an entity to be the county's child support 4,634
enforcement agency, the county department of human services is 4,635
hereby designated as the. A GOVERNMENT ENTITY DESIGNATED UNDER 4,636
THIS SECTION PRIOR TO THE EFFECTIVE DATE OF THIS AMENDMENT OR A 4,637
PRIVATE OR GOVERNMENT ENTITY DESIGNATED UNDER SECTION 307.981 OF 4,638
THE REVISED CODE ON OR AFTER THAT DATE MAY SERVE AS A COUNTY'S
child support enforcement agency for the county. 4,639
(B)(1) Each board of county commissioners shall enter into 4,642
a contract with the child support enforcement agency for the 4,643
county served by the board, as designated under division (A) of 4,644
this section. The contract shall specify the services the agency 4,645
is to provide and may contain other provisions relating to the 4,646
operation of ENTER INTO A PLAN OF COOPERATION WITH THE BOARD OF 4,647
COUNTY COMMISSIONERS UNDER SECTION 307.983 OF THE REVISED CODE 4,648
AND COMPLY WITH THE PARTNERSHIP AGREEMENT THE BOARD ENTERS INTO
UNDER SECTION 307.98 AND CONTRACTS THE BOARD ENTERS INTO UNDER 4,649
SECTIONS 307.981 AND 307.982 OF THE REVISED CODE THAT AFFECT the 4,650
agency. The form and terms of the contract shall be consistent 4,653
with the rules adopted by the state department of human services 4,654
under division (D) of this section. The board thereafter, by 4,655
resolution, may change its designation of the child support 4,656
enforcement agency after providing at least sixty days' notice to 4,657
110
the state department of human services and publishing notice of 4,658
intent to change the designation in a newspaper of general 4,659
circulation within the county at least sixty days before the 4,660
change takes effect. The board shall enter into a contract under 4,661
this division with any child support enforcement agency it 4,662
designates under this section. 4,663
(2)(a) If a board of county commissioners, by resolution, 4,665
changes its designation of the child support enforcement agency 4,666
by designating a new department, office, bureau, or agency as the 4,667
designated child support enforcement agency for the county, the 4,668
board, notwithstanding any other section of the Revised Code, 4,669
shall adopt a resolution stating that any employees of the 4,670
previously designated child support enforcement agency for that 4,671
county who also are employees of the newly designated child 4,672
support enforcement agency for that county and who are not 4,673
otherwise covered by a collective bargaining agreement shall be 4,674
treated as transfers to the newly designated agency. The board 4,675
of county commissioners shall state all of the following in the 4,676
resolution: 4,677
(i) That the conditions of employment, compensation, and 4,679
benefits of the transferred employees shall be consistent with 4,680
the conditions of employment, compensation, and benefits of the 4,681
other employees of the department, office, bureau, or agency that 4,682
is the newly designated child support enforcement agency for that 4,683
county; 4,684
(ii) That the transferred employees of the previously 4,686
designated child support enforcement agency who become employees 4,687
of the newly designated child support enforcement agency shall 4,688
retain any rights they have as to classification status and 4,689
benefits; 4,690
(iii) That those transferred employees may transfer 4,692
vacation leave, sick leave, and other earned benefits that they 4,693
earned while employed at the previously designated child support 4,694
enforcement agency to the newly designated child support 4,695
111
enforcement agency or that they may be paid for the earned 4,696
benefits; 4,697
(iv) That, if the action taken by the board of county 4,699
commissioners in the resolution transferring the employees to the 4,700
newly designated child support enforcement agency results in a 4,701
reduction in pay for the employees, the reduction in pay shall 4,702
not be considered a reduction in pay pursuant to section 124.34 4,703
of the Revised Code; 4,704
(v) That the parties to the collective bargaining 4,706
agreement shall agree to include any comparable classified 4,707
employee into the existing bargaining unit for the newly 4,708
designated child support enforcement agency. 4,709
(b) The employees of a previously designated child support 4,711
enforcement agency who also are employees of the newly designated 4,712
child support enforcement agency for that county and who are 4,713
covered by a collective bargaining agreement shall continue to be 4,714
covered by that agreement until the agreement expires or is 4,715
renegotiated. The parties to the collective bargaining agreement 4,716
shall agree to include any comparable classified employee in the 4,717
existing bargaining unit for the newly designated child support 4,718
enforcement agency at any time the transferred employee is not 4,719
otherwise covered by a collective bargaining agreement. 4,720
(C) The child support enforcement agency for a county is 4,722
the local Title IV-D agency for the county and shall operate a 4,723
program for support enforcement in the county, which program 4,724
shall comply with Title IV-D of the "Social Security Act," 88 4,725
Stat. 2351 (1975), 42 U.S.C. 651, as amended, any rules adopted 4,726
pursuant to that title, and sections 2151.23, 2151.33, 2301.34 to 4,727
2301.42, 3105.18, 3105.21, 3109.05, 3109.19, 3111.13, 3111.20, 4,728
3111.21, 3111.22, 3113.04, 3113.21 to 3113.219, 3113.31, and 4,730
3115.22 of the Revised Code. Each child support enforcement 4,731
agency shall be operated under the supervision of the state 4,732
department of human services in accordance with the program of 4,733
child support enforcement established pursuant to section 5101.31 4,734
112
of the Revised Code, shall be responsible in the county it serves 4,735
for the collection of payments due under support orders, and 4,736
shall perform all administrative duties related to the collection 4,737
of payments due under any support order. No child support 4,738
enforcement agency shall use any social security number made 4,739
available to it under section 3705.07 of the Revised Code for any 4,740
purpose other than child support enforcement. The department 4,741
shall ensure that all child support enforcement agencies comply 4,742
with all applicable state and federal support regulations, 4,743
including the affirmative duties of Title IV-D of the Social 4,744
Security Act.
Each child support enforcement agency may enter into 4,746
contracts with public agencies and private vendors for the 4,747
collection of amounts due under support orders, for assistance in 4,748
establishing paternity or support obligations, or for the 4,749
performance of other administrative duties of the agency. Each 4,750
child support enforcement agency may contract with a collection 4,751
agent in accordance with section 2301.42 of the Revised Code for 4,752
the collection of arrearages described in that section. Before 4,753
entering into a contract for the collection of support, 4,754
assistance in establishing paternity or support obligations, or
for other administrative services, a child support enforcement 4,755
agency shall comply with sections 307.86 to 307.92 of the Revised 4,756
Code and any rules adopted by the state department of human 4,757
services pursuant to division (D)(1) of this section. 4,758
(D)(1) The state department of human services shall adopt 4,761
rules under Chapter 119. of the Revised Code governing the 4,762
operation of support enforcement by child support enforcement 4,763
agencies. The rules shall include, but shall not be limited to, 4,764
provisions relating to contracts between the agencies and boards 4,765
of county commissioners entered into under division (B)(1) of 4,766
this section, requirements for public hearings by the agencies, 4,767
and provisions for appeals of agency decisions under procedures 4,768
established by the department.
113
(2) The state department of human services shall adopt in 4,771
accordance with Chapter 119. of the Revised Code rules governing 4,772
the establishment by child support enforcement agencies of 4,773
on-site genetic testing programs to be used in actions under 4,774
sections 3111.01 to 3111.19 of the Revised Code and in 4,775
administrative procedures under sections 3111.20 to 3111.29 of 4,776
the Revised Code. The rules shall include, but are not limited 4,777
to, provisions relating to the environment in which a blood or 4,778
buccal cell sample may be drawn, the medical personnel who may
draw a sample, the trained personnel who may perform the genetic 4,779
comparison, the types of genetic testing that may be performed on 4,780
a sample, and the procedure for notifying the court of the 4,781
location at which the sample will be drawn, who will draw the 4,783
sample, and who will perform the genetic testing on the sample, 4,784
and any other procedures or standards the department determines 4,785
are necessary for the implementation of on-site genetic testing. 4,786
(E)(1) The state department of human services shall adopt, 4,789
under Chapter 119. of the Revised Code, support enforcement 4,790
performance standards and rules establishing financial sanctions 4,791
for counties that fail to comply with the standards and shall 4,792
make the standards and rules available to the public, boards of 4,793
county commissioners, and child support enforcement agencies. 4,794
The department shall determine the degree to which each child 4,795
support enforcement agency is complying with the standards. If 4,796
the department finds any child support enforcement agency to be 4,797
substantially out of compliance with the standards, it shall 4,798
require the agency and the board of county commissioners of the 4,799
county served by the agency to prepare a plan to bring the agency 4,800
into compliance with the standards. The plan may include a 4,801
change in the designation of the child support enforcement 4,802
agency. If the plan does not result in compliance with the 4,803
standards, the department shall impose a financial sanction upon 4,804
the county. The board of county commissioners shall make a 4,805
separate appropriation for the child support enforcement agency 4,806
114
in the amount of the sanction and transfer that amount to the 4,807
agency. The child support enforcement agency shall not pay any 4,808
part of the sanction, and the board of county commissioners shall 4,809
not decrease county funding for the agency because of the 4,810
sanction. If the board of county commissioners fails to make the 4,811
full appropriation and transfer as required by this division, the 4,812
department shall certify to the tax commissioner the amount of 4,813
the sanction. The tax commissioner shall deduct that amount from 4,814
the local government fund distribution to which the county itself 4,815
would otherwise be entitled and remit the amount directly to the 4,816
child support enforcement agency to be deposited by the agency 4,817
into a separate account to be used solely for support enforcement 4,818
purposes. If the department subsequently determines that the 4,819
agency has attained substantial compliance with the standards and 4,820
that the county has appropriated sufficient funds for the agency 4,821
to maintain its budget at the level necessary to continue to be 4,822
in substantial compliance, the department shall certify its 4,823
determination to the tax commissioner, and the tax commissioner 4,824
shall resume remitting to the county the entire amount of the 4,825
local government fund distribution. The board of county 4,826
commissioners may appeal a financial sanction under Chapter 119. 4,827
of the Revised Code. 4,828
(2) The state department of human services shall adopt, 4,830
under Chapter 119. of the Revised Code, rules requiring each 4,831
child support enforcement agency to complete within designated 4,832
periods of time specified percentages of parentage cases in which 4,833
the agency or the mother of a child is attempting to establish a 4,834
parent and child relationship between the child and the father of 4,835
the child and rules establishing financial sanctions for counties 4,836
that fail to comply with the requirements. The department shall 4,837
make copies of the rules available upon request to the public, 4,838
boards of county commissioners, and child support enforcement 4,839
agencies. The department shall determine the degree to which 4,840
each child support enforcement agency is complying with the 4,841
115
requirements. If the department finds any child support 4,842
enforcement agency to be substantially out of compliance with the 4,843
requirements, it shall require the agency and the board of county 4,844
commissioners of the county served by the agency to prepare a 4,845
plan to bring the agency into compliance with the requirements 4,846
and to submit the plan to the department. The plan may include a 4,847
change in the designation of the child support enforcement 4,848
agency. If the plan does not result in compliance with the 4,849
requirements, the department shall impose a financial sanction 4,850
upon the county. If a financial sanction is imposed upon a 4,851
county, the board of county commissioners may appeal the sanction 4,852
under Chapter 119. of the Revised Code. 4,853
(F) Each child support enforcement agency designated under 4,855
this section shall enter into written agreements with the courts, 4,856
the prosecuting attorney, and law enforcement officials of the 4,857
county it serves, which agreements shall establish cooperative 4,858
working arrangements and specify areas of responsibility for the 4,859
enforcement of support among the agency, courts, and officials. 4,860
The agreements shall provide for the reimbursement of the courts 4,861
and law enforcement officials for the responsibilities they 4,862
assume and actions they undertake pursuant to such agreements. 4,863
(G)(F)(1) Every child support enforcement agency shall 4,865
maintain records listing the date a support order was entered, 4,866
the amount of any payment made under it, the date on which 4,867
payments are required to be made, the names and addresses of the 4,868
parties affected by the order, and the current records of 4,869
payments and disbursements. 4,870
(2) Each obligor and each obligee under a support order 4,872
may review all records maintained under division (G)(F)(1) of 4,873
this section that pertain to the support order and any other 4,875
information in any file maintained by the child support 4,876
enforcement agency, except to the extent prohibited by state or 4,877
federal law. 4,878
(H)(G)(1) If a court or administrative agency issues or 4,880
116
modifies a support order on or after October 5, 1987, regardless 4,881
of when the modified support order was issued, the child support 4,882
enforcement agency of the county shall collect the greater of two 4,883
per cent of the support payment to be collected under a support 4,884
order or one dollar per month from the obligor under the support 4,885
order. The child support enforcement agency and the court shall 4,886
enter into an agreement that provides for the application by 4,887
December 31, 1988, of that amount to all support orders issued 4,888
prior to October 5, 1987, unless the date for the application of 4,889
that amount to those orders is extended by mutual agreement 4,890
between the child support enforcement agency and the court. The 4,891
obligor shall pay the amount with every current support payment, 4,892
and with every payment on arrearages. If an obligor fails to pay 4,893
the required amount with each support payment due in increments 4,894
specified under the support order, the child support enforcement 4,895
agency shall maintain a separate arrearage account of that amount 4,896
for that obligor. The agency shall not deduct the unpaid amount 4,897
from any support payment due to the obligee in increments 4,898
specified under the support order. If an obligor pays the 4,899
required amount, the child support enforcement agency is not 4,900
required to apply that payment toward any arrearages under the 4,901
support payment. No moneys received by a child support 4,902
enforcement agency pursuant to this division shall be used for 4,903
any purpose other than the provision of funds for the 4,904
administration of its program of support enforcement. 4,905
(2) The board of county commissioners of each county shall 4,907
budget and appropriate to the child support enforcement agency 4,908
serving the county all of the following: 4,909
(a) Money collected pursuant to division (H)(G)(1) of this 4,911
section; 4,912
(b) All federal money payable to the county on the basis 4,914
of its success in collecting overdue support obligations, 4,915
establishing paternity, and implementing other activities related 4,916
to child support enforcement under Title IV-D of the Social 4,917
117
Security Act; 4,918
(c) Any funds that may be received from other federal or 4,920
state sources for the child support enforcement agency; 4,921
(d) Notwithstanding any provision of the Revised Code that 4,923
provides otherwise, all interest earned on moneys in the child 4,924
support enforcement agency's depository accounts. 4,925
(3) All moneys received from the federal or state 4,927
government for reimbursement for support enforcement activities 4,928
shall be used solely for support enforcement activities. 4,929
(4) A board of county commissioners may request that the 4,931
department of human services grant a waiver of the requirement 4,932
that the money specified in division (H)(G)(2)(b) of this section 4,934
be budgeted and appropriated to the child support enforcement 4,935
agency if the board can demonstrate, by meeting criteria 4,936
established by the department, that the child support enforcement 4,937
agency is effectively using procedures for establishing 4,938
paternity, meeting the mandated service needs of clients, and 4,939
complying with all applicable state and federal support rules and 4,940
regulations.
(I)(H) A child support enforcement agency may invest any 4,942
of the moneys collected pursuant to the performance of its duties 4,943
under sections 2301.34 to 2301.42 of the Revised Code in a 4,944
repurchase agreement in which a bank agrees to sell short-term 4,945
federally guaranteed securities with an obligation of the bank to 4,946
repurchase the securities. All interest derived pursuant to 4,947
investments made under this division shall be retained by the 4,948
child support enforcement agency and used solely for support 4,949
enforcement activities. 4,950
(J)(I)(1) Subject to division (J)(I)(2) of this section, 4,953
all support orders that are administered by a child support 4,954
enforcement agency designated under this section and are eligible 4,955
for Title IV-D services shall be Title IV-D cases under Title 4,956
IV-D of the "Social Security Act." Subject to division (J)(I)(2) 4,958
of this section, all obligees of support orders administered by 4,959
118
the child support enforcement agency shall be considered to have 4,960
filed a signed application for Title IV-D services. 4,961
(2) A court that, on or after July 1, 1990, issues or 4,963
modifies a support order shall require the obligee under the 4,964
order to sign, at the time of the issuance or modification of the 4,965
order, an application for Title IV-D services and to file, as 4,966
soon as possible, the signed application with the child support 4,967
enforcement agency that will administer the order. The 4,968
application shall be on a form prescribed by the department of 4,969
human services. A support order that is issued or modified on or 4,970
after July 1, 1990, that is administered by a child support 4,971
enforcement agency, and that is eligible for Title IV-D services 4,972
shall be a Title IV-D case under Title IV-D of the "Social 4,973
Security Act" only upon the filing of the signed application for 4,974
Title IV-D services. 4,975
(3) A child support enforcement agency shall make 4,977
available an application for Title IV-D services to all persons 4,978
requesting a child support enforcement agency's assistance in an 4,979
action under sections 3111.01 to 3111.19 of the Revised Code or 4,980
in an administrative proceeding brought under sections 3111.20 to 4,981
3111.29 of the Revised Code. 4,982
(K)(J)(1) As used in this section, "current support 4,984
payment" means the amount of support due an obligee that an 4,985
obligor is required to pay in a particular payment for the 4,986
current month as specified in a support order. "Current support 4,987
payment" does not include payments on arrearages under the 4,988
support order.
(2) As used in the Revised Code, "child support 4,990
enforcement agency" means the child support enforcement agency 4,991
designated under this section PRIOR TO THE EFFECTIVE DATE OF THIS 4,992
AMENDMENT OR A PRIVATE OR GOVERNMENT ENTITY DESIGNATED A CHILD 4,993
SUPPORT ENFORCEMENT AGENCY UNDER SECTION 307.981 OF THE REVISED 4,994
CODE ON OR AFTER THAT DATE.
Sec. 2301.351. (A) Each child support enforcement agency 5,003
119
designated under section 2301.35 of the Revised Code shall report 5,004
to the director of human services or to the county director of 5,005
human services the amounts of support payments required by a 5,006
court-ordered support order or an administrative support order to 5,007
be made to each person whose name or social security number or 5,008
other identification number is the same as that of a recipient of 5,009
public assistance whose name is submitted to the agency by the 5,010
director under section 5101.36 of the Revised Code. The agency 5,011
also shall report the name and social security number or other 5,012
identification number of the person responsible for the support 5,013
payments and the amounts of support payments made to third 5,014
parties on behalf of such persons, except for payments made to 5,015
the county department of human services. The agency shall comply 5,016
with the rules of the department of human services restricting 5,017
the disclosure of information concerning recipients of public 5,018
assistance. 5,019
(B) Each court or child support enforcement agency that 5,021
issues a court-ordered support order or an administrative support 5,022
order for the payment of support pursuant to Chapter 3115. or 5,023
section 2151.23, 2151.231, 2151.33, 3105.18, 3105.21, 3109.05, 5,024
3109.19, 3111.13, 3111.20, 3111.21, 3111.22, 3111.23, 3113.04, or 5,028
3113.31 of the Revised Code shall report to the director of human 5,029
services the name, address, and social security number or other 5,030
identification number of each person responsible for the support 5,031
payments under the support order, regardless of whether the 5,032
person to whom payments are to be made is a recipient of public 5,033
assistance. The report also shall indicate whether the support 5,034
order is being administered by the child support enforcement 5,035
agency of the county. 5,036
(C) The reports sent to the director pursuant to divisions 5,038
(A) and (B) of this section shall be maintained in accordance 5,039
with section 5101.311 of the Revised Code in an alphabetical list 5,040
of support orders by the division of child support in the 5,041
department of human services. 5,042
120
(D) For the purposes of this section: 5,044
(1) "Public assistance" means medical assistance under 5,046
section 5111.01 of the Revised Code, aid to dependent children 5,048
OHIO WORKS FIRST under Chapter 5107. of the Revised Code, or
disability assistance under Chapter 5115. of the Revised Code. 5,050
(2) "Administrative support order" means a support order 5,052
issued by a child support enforcement agency pursuant to section 5,053
3111.20, 3111.21, 3111.22, or 3111.23 of the Revised Code. 5,054
Sec. 2301.357. (A) Each child support enforcement agency 5,064
shall adopt a paternity compliance plan, establish a paternity 5,065
compliance unit, and submit the adopted plan to the division of 5,066
support of the department of human services in accordance with 5,067
the rules adopted pursuant to section 5101.324 of the Revised 5,068
Code, except that, if a child support enforcement agency 5,069
submitted a CORRECTIVE ACTION plan to the department pursuant to 5,070
division (E)(2)(B)(1) of section 2301.35 5101.24 of the Revised 5,072
Code and if that plan is currently in effect, the agency is not 5,074
required to comply with this division. 5,075
(B) The department of human services shall enter into a 5,077
contract with the department of health that requires the 5,078
department of health to enter into a contract with local 5,079
hospitals for the provision of staff by the hospitals to meet 5,080
with unmarried women who give birth in or en route to the 5,081
particular hospital. The contract between the department of 5,082
human services and the department of health shall provide for 5,083
reimbursement to the hospitals for the administrative cost of 5,084
providing staff to meet the responsibilities set forth in section 5,085
3727.17 of the Revised Code. The contract between the department 5,086
of health and a local hospital shall require all of the 5,087
following: 5,088
(1) That a hospital staff person meet with each unmarried 5,090
mother who gave birth in or en route to the hospital within 5,091
twenty-four hours of the birth or before the mother is released 5,092
from the hospital; 5,093
121
(2) That the staff person attempt to meet with the father 5,095
of the unmarried mother's child if possible; 5,096
(3) That the staff person explain to the unmarried mother 5,098
and the father, if he is present, the benefit to the child of 5,099
establishing a parent and child relationship between the father 5,100
and the child and the various proper procedures for establishing 5,101
a parent and child relationship; 5,102
(4) That the staff person present to the unmarried mother 5,104
and, if possible, the father a pamphlet or statement regarding 5,105
the rights and responsibilities of a natural parent that is 5,106
prepared and provided by the department of human services; 5,107
(5) That the staff person provide the mother and, if 5,109
possible, the father, all forms, statements, and agreements 5,110
necessary to voluntarily establish a parent and child 5,111
relationship, including, but not limited to, the acknowledgment 5,112
of paternity required by section 2105.18 of the Revised Code and 5,113
the voluntary agreement to be bound by the results of genetic 5,114
testing described in section 3111.21 of the Revised Code; 5,115
(6) That the staff person, at the request of both the 5,117
mother and father, help the mother and father complete any form, 5,118
statement, or agreement necessary to establish a parent and child 5,119
relationship; 5,120
(7) That the staff person present to an unmarried mother 5,122
who is not a recipient of medicaid or aid to dependent children 5,123
PARTICIPATING IN THE OHIO WORKS FIRST PROGRAM ESTABLISHED UNDER 5,125
CHAPTER 5107. OR RECEIVING MEDICAL ASSISTANCE UNDER CHAPTER 5111. 5,126
OF THE REVISED CODE an application for Title IV-D services; 5,127
(8) That the staff person forward any completed 5,129
acknowledgment of paternity to the probate court in the county in 5,130
which the child or the guardian or legal custodian of the child 5,131
resides. 5,132
Sec. 2301.36. (A) Upon issuing or modifying a support 5,141
order, issuing any withholding or deduction notice described in 5,142
division (D) of section 3113.21 of the Revised Code, or issuing a 5,143
122
court order described in division (D)(6) or (7) of that section, 5,144
the court shall require that support payments be made to the 5,145
child support enforcement agency of the county as trustee for 5,146
remittance to the person entitled to receive payments, except as 5,147
otherwise provided in sections 2151.49 and 3113.07 of the Revised 5,148
Code. Any payment of money by the person responsible for the 5,149
support payments under a support order to the person entitled to 5,150
receive the support payments that is not made to the child 5,151
support enforcement agency in accordance with the applicable 5,152
support order shall not be considered as a payment of support 5,153
and, unless the payment is made to discharge an obligation other 5,154
than support, shall be deemed to be a gift. Section 329.043 and 5,155
division (C) of section 3113.211 of the Revised Code apply to 5,156
support payments made to the child support enforcement agency. 5,157
(B) Upon issuing or modifying a support order, issuing any 5,159
withholding or deduction notice described in division (D) of 5,160
section 3113.21 of the Revised Code, or issuing a court order 5,161
described in division (D)(6) or (7) of that section or at any 5,162
time after the issuance or modification of the order, the court 5,163
may order the child support enforcement agency to transmit the 5,164
payments or make them payable to any third person that is either 5,165
agreed upon by the parties and approved by the court or appointed 5,166
by the court. Third persons include, but are not limited to, a 5,167
trustee, a custodian, the guardian of the estate of the child, 5,168
the county department of human services, county children's PUBLIC 5,169
CHILDREN services board AGENCY, or any appropriate social agency. 5,171
(C) Any person named pursuant to division (B) of this 5,173
section is entitled to receive the support payments. The court 5,174
may allow the person to receive a reasonable fee for services 5,175
rendered pursuant to this section. The person shall make 5,176
financial reports in connection with these services at the time 5,177
and in the manner prescribed by the court or as required by law. 5,178
(D) The parties affected by the support order shall inform 5,180
the child support enforcement agency of any change of name or 5,181
123
address or other change of conditions that may affect the 5,182
administration of the order. 5,183
(E) Any person entitled to receive support payments either 5,185
personally or on behalf of another person, by reason of any 5,186
support order that does not direct that payments be made to the 5,187
child support enforcement agency, may apply to the appropriate 5,188
agency for the administration of the order. Upon receipt of the 5,189
application, the agency has the same powers to administer the 5,190
order as it would have had if the order had been entered under 5,191
division (A) of this section. The agency shall notify the 5,192
obligor by any method of service authorized under the Civil Rules 5,193
to make all support payments due after service of the notice upon 5,194
him THE OBLIGOR to the agency. An obligor so notified by a child 5,196
support enforcement agency shall make all subsequent payments to 5,197
the agency unless the involved court, upon the obligor's 5,198
application filed within thirty days after service of the notice 5,199
upon him THE OBLIGOR, orders the agency not to administer the 5,200
support order.
Sec. 2301.37. (A) If the records maintained by a child 5,209
support enforcement agency under section 2301.35 of the Revised 5,210
Code indicate that an obligor is in default, the agency shall 5,211
comply with section 3113.21 of the Revised Code. 5,212
(B) If the court is required to issue a withholding or 5,214
deduction notice under division (D) of section 3113.21 of the 5,215
Revised Code or to issue a court order described in division 5,216
(D)(6) or (7) of that section and fails to do so, if the court 5,217
issued an order under division (B)(1) of section 3113.21 of the 5,218
Revised Code, as it existed immediately preceding December 1, 5,219
1986, or issues a withholding or deduction notice under division 5,220
(D) of section 3113.21 of the Revised Code or issues a court 5,221
order described in division (D)(6) or (7) of that section and the 5,222
court determines that the order, withholding or deduction notice 5,223
will not ensure payment of the support due under the child 5,224
support order, or if the obligor fails after the issuance of a 5,225
124
notice or court order under section 3113.21 of the Revised Code 5,226
to comply with the notice or court order, the court shall notify 5,227
the child support enforcement agency, and the agency shall notify 5,228
the obligee of the default, of the obligee's rights and remedies, 5,229
and that the child support enforcement agency is the agency 5,230
designated RESPONSIBLE in the county to provide for the 5,232
enforcement of ENFORCING support orders under section 2301.35 of 5,233
the Revised Code, Title IV-D of the "Social Security Act," 49 5,234
Stat. 620 (1935), 42 U.S.C. 301, as amended, and section 5101.31 5,235
of the Revised Code. The notice shall contain a printed 5,236
explanation of the provisions of sections 2301.37 to 2301.40 and 5,237
3113.21 of the Revised Code.
(C) No child support enforcement agency, solely because 5,239
the support due under a support order has not been paid or has 5,240
not been paid periodically or recently, shall consider, list, or 5,241
otherwise administer the support order or the case pertaining to 5,242
it as if either were closed or close the files or the case 5,243
pertaining to the support order. The department of human 5,244
services shall adopt, revise, or amend rules under Chapter 119. 5,245
of the Revised Code to assist in the implementation of this 5,246
division. 5,247
Sec. 2301.372. If a court or a child support enforcement 5,257
agency fails to comply with the requirements of section 2301.37 5,258
or 3113.21 of the Revised Code and if the rights to support have 5,259
been assigned to the department of human services under section 5,260
5107.07 5107.25 of the Revised Code or the responsibility for the 5,262
collection of support has been assumed under Title IV-D of the 5,263
"Social Security Act," 88 Stat. 2351 (1975), 42 U.S.C.A. 651, as 5,264
amended, the child support enforcement agency shall, unless the 5,265
office of the prosecuting attorney has been designated as the 5,266
child support enforcement agency for the county under section 5,267
2301.35 of the Revised Code, notify the prosecuting attorney of 5,268
the county in which the obligee resides. If the office of the 5,269
prosecuting attorney has been designated as the child support 5,270
125
enforcement agency, the board of county commissioners of the 5,271
county shall seek a writ of mandamus under Chapter 2731. of the 5,272
Revised Code directing the prosecuting attorney to comply with 5,273
the requirements of this section and section 2301.37 or 3113.21 5,274
of the Revised Code. Upon receipt of the notice or the issuance 5,275
of the writ of mandamus, the prosecuting attorney shall commence 5,276
either or both of the following: 5,277
(A) Proceedings under section 3113.21 of the Revised Code 5,279
requesting the issuance of one or more orders under division (D) 5,280
of that section; 5,281
(B) A civil action in the small claims division of the 5,283
municipal or county court within whose jurisdiction the obligor 5,284
resides. 5,285
Sec. 2329.66. (A) Every person who is domiciled in this 5,294
state may hold property exempt from execution, garnishment, 5,295
attachment, or sale to satisfy a judgment or order, as follows: 5,296
(1)(a) In the case of a judgment or order regarding money 5,298
owed for health care services rendered or health care supplies 5,299
provided to the person or a dependent of the person, one parcel 5,300
or item of real or personal property that the person or a 5,301
dependent of the person uses as a residence. Division (A)(1)(a) 5,302
of this section does not preclude, affect, or invalidate the 5,303
creation under this chapter of a judgment lien upon the exempted 5,304
property but only delays the enforcement of the lien until the 5,305
property is sold or otherwise transferred by the owner or in 5,306
accordance with other applicable laws to a person or entity other 5,307
than the surviving spouse or surviving minor children of the 5,308
judgment debtor. Every person who is domiciled in this state may 5,309
hold exempt from a judgment lien created pursuant to division 5,310
(A)(1)(a) of this section the person's interest, not to exceed 5,311
five thousand dollars, in the exempted property. 5,312
(b) In the case of all other judgments and orders, the 5,314
person's interest, not to exceed five thousand dollars, in one 5,315
parcel or item of real or personal property that the person or a 5,316
126
dependent of the person uses as a residence. 5,317
(2) The person's interest, not to exceed one thousand 5,319
dollars, in one motor vehicle; 5,320
(3) The person's interest, not to exceed two hundred 5,322
dollars in any particular item, in wearing apparel, beds, and 5,323
bedding, and the person's interest, not to exceed three hundred 5,324
dollars in each item, in one cooking unit and one refrigerator or 5,325
other food preservation unit; 5,326
(4)(a) The person's interest, not to exceed four hundred 5,328
dollars, in cash on hand, money due and payable, money to become 5,329
due within ninety days, tax refunds, and money on deposit with a 5,330
bank, savings and loan association, credit union, public utility, 5,331
landlord, or other person. Division (A)(4)(a) of this section 5,332
applies only in bankruptcy proceedings. This exemption may 5,333
include the portion of personal earnings that is not exempt under 5,334
division (A)(13) of this section. 5,335
(b) Subject to division (A)(4)(d) of this section, the 5,337
person's interest, not to exceed two hundred dollars in any 5,338
particular item, in household furnishings, household goods, 5,339
appliances, books, animals, crops, musical instruments, firearms, 5,340
and hunting and fishing equipment, that are held primarily for 5,341
the personal, family, or household use of the person. 5,342
(c) Subject to division (A)(4)(d) of this section, the 5,344
person's interest in one or more items of jewelry, not to exceed 5,345
four hundred dollars in one item of jewelry and not to exceed two 5,346
hundred dollars in every other item of jewelry. 5,347
(d) Divisions (A)(4)(b) and (c) of this section do not 5,349
include items of personal property listed in division (A)(3) of 5,350
this section. 5,351
If the person does not claim an exemption under division 5,353
(A)(1) of this section, the total exemption claimed under 5,354
division (A)(4)(b) of this section shall be added to the total 5,355
exemption claimed under division (A)(4)(c) of this section, and 5,356
the total shall not exceed two thousand dollars. If the person 5,357
127
claims an exemption under division (A)(1) of this section, the 5,358
total exemption claimed under division (A)(4)(b) of this section 5,359
shall be added to the total exemption claimed under division 5,360
(A)(4)(c) of this section, and the total shall not exceed one 5,361
thousand five hundred dollars. 5,362
(5) The person's interest, not to exceed an aggregate of 5,364
seven hundred fifty dollars, in all implements, professional 5,365
books, or tools of the person's profession, trade, or business, 5,366
including agriculture; 5,368
(6)(a) The person's interest in a beneficiary fund set 5,370
apart, appropriated, or paid by a benevolent association or 5,371
society, as exempted by section 2329.63 of the Revised Code; 5,372
(b) The person's interest in contracts of life or 5,374
endowment insurance or annuities, as exempted by section 3911.10 5,375
of the Revised Code; 5,376
(c) The person's interest in a policy of group insurance 5,378
or the proceeds of a policy of group insurance, as exempted by 5,379
section 3917.05 of the Revised Code; 5,380
(d) The person's interest in money, benefits, charity, 5,382
relief, or aid to be paid, provided, or rendered by a fraternal 5,383
benefit society, as exempted by section 3921.18 of the Revised 5,384
Code; 5,385
(e) The person's interest in the portion of benefits under 5,387
policies of sickness and accident insurance and in lump-sum 5,388
payments for dismemberment and other losses insured under those 5,389
policies, as exempted by section 3923.19 of the Revised Code. 5,390
(7) The person's professionally prescribed or medically 5,392
necessary health aids; 5,393
(8) The person's interest in a burial lot, including, but 5,395
not limited to, exemptions under section 517.09 or 1721.07 of the 5,396
Revised Code; 5,397
(9) The person's interest in the following: 5,399
(a) Moneys paid or payable for living maintenance or 5,401
rights, as exempted by section 3304.19 of the Revised Code; 5,402
128
(b) Workers' compensation, as exempted by section 4123.67 5,405
of the Revised Code; 5,406
(c) Unemployment compensation benefits, as exempted by 5,408
section 4141.32 of the Revised Code; 5,409
(d) Aid to dependent children CASH ASSISTANCE payments 5,412
UNDER THE WORK COMPONENT OF THE OHIO WORKS FIRST PROGRAM, as 5,414
exempted by section 5107.12 5107.75 of the Revised Code; 5,415
(e) Disability assistance payments, as exempted by section 5,417
5115.07 of the Revised Code. 5,418
(10)(a) Except in cases in which the person was convicted 5,420
of or pleaded guilty to a violation of section 2921.41 of the 5,421
Revised Code and in which an order for the withholding of 5,422
restitution from payments was issued under division (C)(2)(b) of 5,423
that section or in cases in which an order for withholding was 5,424
issued under section 2907.15 of the Revised Code, and only to the 5,425
extent provided in the order, and except as provided in sections 5,429
2929.181, 3105.171, 3105.63, 3111.23, and 3113.21 of the Revised 5,430
Code, the person's right to a pension, benefit, annuity, 5,431
retirement allowance, or accumulated contributions, the person's 5,432
right to a participant account in any deferred compensation 5,433
program offered by the Ohio public employees deferred 5,434
compensation board, a government unit, or a municipal 5,435
corporation, or the person's other accrued or accruing rights, as 5,436
exempted by section 145.56, 145.75, 146.13, 742.47, 3307.71, 5,437
3309.66, or 5505.22 of the Revised Code, and the person's right 5,438
to benefits from the firemen and policemen's death benefit fund; 5,439
(b) Except as provided in sections 3111.23 and 3113.21 of 5,442
the Revised Code, the person's right to receive a payment under 5,443
any pension, annuity, or similar plan or contract, not including 5,444
a payment from a stock bonus or profit-sharing plan or a payment 5,445
included in division (A)(6)(b) or (10)(a) of this section, on 5,446
account of illness, disability, death, age, or length of service, 5,447
to the extent reasonably necessary for the support of the person 5,448
and any of the person's dependents, except if all the following 5,449
129
apply: 5,450
(i) The plan or contract was established by or under the 5,452
auspices of an insider that employed the person at the time the 5,453
person's rights under the plan or contract arose. 5,454
(ii) The payment is on account of age or length of 5,456
service. 5,457
(iii) The plan or contract is not qualified under the 5,459
"Internal Revenue Code of 1986," 100 Stat. 2085, 26 U.S.C. 1, as 5,460
amended. 5,461
(c) Except for any portion of the assets that were 5,463
deposited for the purpose of evading the payment of any debt and 5,464
except as provided in sections 3111.23 and 3113.21 of the Revised 5,466
Code, the person's right in the assets held in, or to receive any 5,467
payment under, any individual retirement account, individual 5,468
retirement annuity, or Keogh or "H.R. 10" plan that provides 5,469
benefits by reason of illness, disability, death, or age, to the 5,470
extent reasonably necessary for the support of the person and any 5,471
of the person's dependents. 5,472
(11) The person's right to receive spousal support, child 5,474
support, an allowance, or other maintenance to the extent 5,475
reasonably necessary for the support of the person and any of the 5,476
person's dependents; 5,478
(12) The person's right to receive, or moneys received 5,480
during the preceding twelve calendar months from, any of the 5,481
following: 5,482
(a) An award of reparations under sections 2743.51 to 5,484
2743.72 of the Revised Code, to the extent exempted by division 5,485
(D) of section 2743.66 of the Revised Code; 5,486
(b) A payment on account of the wrongful death of an 5,488
individual of whom the person was a dependent on the date of the 5,489
individual's death, to the extent reasonably necessary for the 5,490
support of the person and any of the person's dependents; 5,491
(c) Except in cases in which the person who receives the 5,493
payment is an inmate, as defined in section 2969.21 of the 5,494
130
Revised Code, and in which the payment resulted from a civil 5,495
action or appeal against a government entity or employee, as 5,496
defined in section 2969.21 of the Revised Code, a payment, not to
exceed five thousand dollars, on account of personal bodily 5,498
injury, not including pain and suffering or compensation for 5,499
actual pecuniary loss, of the person or an individual for whom 5,500
the person is a dependent;
(d) A payment in compensation for loss of future earnings 5,502
of the person or an individual of whom the person is or was a 5,503
dependent, to the extent reasonably necessary for the support of 5,504
the debtor and any of the debtor's dependents. 5,505
(13) Except as provided in sections 3111.23 and 3113.21 of 5,508
the Revised Code, personal earnings of the person owed to the
person for services rendered within thirty days before the 5,510
issuing of an attachment or other process, the rendition of a 5,511
judgment, or the making of an order, under which the attempt may 5,512
be made to subject those earnings to the payment of a debt, 5,513
damage, fine, or amercement, in an amount equal to the greater of 5,514
the following amounts:
(a) If paid weekly, thirty times the current federal 5,516
minimum hourly wage; if paid biweekly, sixty times the current 5,517
federal minimum hourly wage; if paid semimonthly, sixty-five 5,518
times the current federal minimum hourly wage; or if paid 5,519
monthly, one hundred thirty times the current federal minimum 5,520
hourly wage that is in effect at the time the earnings are 5,521
payable, as prescribed by the "Fair Labor Standards Act of 1938," 5,522
52 Stat. 1060, 29 U.S.C. 206(a)(1), as amended; 5,523
(b) Seventy-five per cent of the disposable earnings owed 5,525
to the person. 5,526
(14) The person's right in specific partnership property, 5,528
as exempted by division (B)(3) of section 1775.24 of the Revised 5,529
Code; 5,530
(15) A seal and official register of a notary public, as 5,532
exempted by section 147.04 of the Revised Code; 5,533
131
(16) The person's interest in a tuition credit or a 5,535
payment under section 3334.09 of the Revised Code pursuant to a 5,536
tuition credit contract, as exempted by section 3334.15 of the 5,537
Revised Code;
(17) Any other property that is specifically exempted from 5,539
execution, attachment, garnishment, or sale by federal statutes 5,540
other than the "Bankruptcy Reform Act of 1978," 92 Stat. 2549, 11 5,541
U.S.C.A. 101, as amended; 5,542
(18) The person's interest, not to exceed four hundred 5,544
dollars, in any property, except that division (A)(18) of this 5,545
section applies only in bankruptcy proceedings. 5,546
(B) As used in this section: 5,548
(1) "Disposable earnings" means net earnings after the 5,550
garnishee has made deductions required by law, excluding the 5,551
deductions ordered pursuant to section 3111.23 or 3113.21 of the 5,553
Revised Code. 5,554
(2) "Insider" means: 5,556
(a) If the person who claims an exemption is an 5,558
individual, a relative of the individual, a relative of a general 5,559
partner of the individual, a partnership in which the individual 5,560
is a general partner, a general partner of the individual, or a 5,561
corporation of which the individual is a director, officer, or in 5,562
control; 5,563
(b) If the person who claims an exemption is a 5,565
corporation, a director or officer of the corporation; a person 5,566
in control of the corporation; a partnership in which the 5,567
corporation is a general partner; a general partner of the 5,568
corporation; or a relative of a general partner, director, 5,569
officer, or person in control of the corporation; 5,570
(c) If the person who claims an exemption is a 5,572
partnership, a general partner in the partnership; a general 5,573
partner of the partnership; a person in control of the 5,574
partnership; a partnership in which the partnership is a general 5,575
partner; or a relative in, a general partner of, or a person in 5,576
132
control of the partnership; 5,577
(d) An entity or person to which or whom any of the 5,579
following applies: 5,580
(i) The entity directly or indirectly owns, controls, or 5,582
holds with power to vote, twenty per cent or more of the 5,583
outstanding voting securities of the person who claims an 5,584
exemption, unless the entity holds the securities in a fiduciary 5,585
or agency capacity without sole discretionary power to vote the 5,586
securities or holds the securities solely to secure to debt and 5,587
the entity has not in fact exercised the power to vote. 5,588
(ii) The entity is a corporation, twenty per cent or more 5,590
of whose outstanding voting securities are directly or indirectly 5,591
owned, controlled, or held with power to vote, by the person who 5,592
claims an exemption or by an entity to which division 5,593
(B)(2)(d)(i) of this section applies. 5,594
(iii) A person whose business is operated under a lease or 5,596
operating agreement by the person who claims an exemption, or a 5,597
person substantially all of whose business is operated under an 5,598
operating agreement with the person who claims an exemption. 5,599
(iv) The entity operates the business or all or 5,601
substantially all of the property of the person who claims an 5,602
exemption under a lease or operating agreement. 5,603
(e) An insider, as otherwise defined in this section, of a 5,605
person or entity to which division (B)(2)(d)(i), (ii), (iii), or 5,606
(iv) of this section applies, as if the person or entity were a 5,607
person who claims an exemption; 5,608
(f) A managing agent of the person who claims an 5,610
exemption. 5,611
(3) "Participant account" has the same meaning as in 5,613
section 145.71 of the Revised Code. 5,614
(4) "Government unit" has the same meaning as in section 5,616
145.74 of the Revised Code. 5,617
(C) For purposes of this section, "interest" shall be 5,619
determined as follows: 5,620
133
(1) In bankruptcy proceedings, as of the date a petition 5,622
is filed with the bankruptcy court commencing a case under Title 5,623
11 of the United States Code; 5,624
(2) In all cases other than bankruptcy proceedings, as of 5,626
the date of an appraisal, if necessary under section 2329.68 of 5,627
the Revised Code, or the issuance of a writ of execution. 5,628
An interest, as determined under division (C)(1) or (2) of 5,630
this section, shall not include the amount of any lien otherwise 5,631
valid pursuant to section 2329.661 of the Revised Code. 5,632
Sec. 2715.041. (A) Upon the filing of a motion for an 5,641
order of attachment pursuant to section 2715.03 of the Revised 5,642
Code, the plaintiff shall file with the clerk of the court a 5,643
praecipe instructing the clerk to issue to the defendant against 5,644
whom the motion was filed a notice of the proceeding. Upon 5,645
receipt of the praecipe, the clerk shall issue the notice which 5,646
shall be in substantially the following form: 5,647
"(Name and Address of Court) 5,649
Case No................... 5,650
(Case Caption) 5,652
NOTICE 5,654
You are hereby notified that (name and address of 5,656
plaintiff), the plaintiff in this proceeding, has applied to this 5,657
court for the attachment of property in your possession. The 5,658
basis for this application is indicated in the documents that are 5,659
enclosed with this notice. 5,660
The law of Ohio and the United States provides that certain 5,662
benefit payments cannot be taken from you to pay a debt. Typical 5,663
among the benefits that cannot be attached or executed on by a 5,664
creditor are: 5,665
(1) Workers' compensation benefits; 5,667
(2) Unemployment compensation payments; 5,669
(3) Aid to dependent children (A.D.C.) CASH ASSISTANCE 5,671
PAYMENTS UNDER THE WORK COMPONENT OF THE OHIO WORKS FIRST 5,673
PROGRAM;
134
(4) Disability assistance administered by the Ohio 5,675
department of human services; 5,676
(5) Social security benefits; 5,678
(6) Supplemental security income (S.S.I.); 5,680
(7) Veteran's benefits; 5,682
(8) Black lung benefits; 5,684
(9) Certain pensions. 5,686
Additionally, your wages never can be taken to pay a debt 5,688
until a judgment has been obtained against you. There may be 5,689
other benefits not included in this list that apply in your case. 5,690
If you dispute the plaintiff's claim and believe that you 5,692
are entitled to retain possession of the property because it is 5,693
exempt or for any other reason, you may request a hearing before 5,694
this court by disputing the claim in the request for hearing form 5,695
appearing below, or in a substantially similar form, and 5,696
delivering the request for the hearing to this court, at the 5,697
office of the clerk of this court, not later than the end of the 5,698
fifth business day after you receive this notice. You may state 5,699
your reasons for disputing the claim in the space provided on the 5,700
form, but you are not required to do so. If you do state your 5,701
reasons for disputing the claim in the space provided on the 5,702
form, you are not prohibited from stating any other reasons at 5,703
the hearing, and if you do not state your reasons, it will not be 5,704
held against you by the court and you can state your reasons at 5,705
the hearing. 5,706
If you request a hearing, it will be conducted in 5,708
................... courtroom ........, (address of court), at 5,709
.............m. on ............., 19..... 5,710
You may avoid having a hearing but retain possession of the 5,712
property until the entry of final judgment in the action by 5,713
filing with the court, at the office of the clerk of this court, 5,714
not later than the end of the fifth business day after you 5,715
receive this notice, a bond executed by an acceptable surety in 5,716
the amount of $............ 5,717
135
If you do not request a hearing or file a bond on or before 5,719
the end of the fifth business day after you receive this notice, 5,720
the court, without further notice to you, may order a law 5,721
enforcement officer or bailiff to take possession of the 5,722
property. Notice of the dates, times, places, and purposes of 5,723
any subsequent hearings and of the date, time, and place of the 5,724
trial of the action will be sent to you. 5,725
.............................. 5,727
Clerk of the Court 5,728
Date: ......................." 5,729
(B) Along with the notice required by division (A) of this 5,731
section, the clerk of the court also shall deliver to the 5,732
defendant, in accordance with division (C) of this section, a 5,733
request for hearing form together with a postage-paid, 5,734
self-addressed envelope or a request for hearing form on a 5,735
postage-paid, self-addressed postcard. The request for hearing 5,736
shall be in substantially the following form: 5,737
"(Name and Address of Court) 5,739
Case Number ....................... Date ............... 5,741
REQUEST FOR HEARING 5,743
I dispute the claim for the attachment of property in the 5,745
above case and request that a hearing in this matter be held at 5,746
the time and place set forth in the notice that I previously 5,747
received. 5,748
I dispute the claim for the following reasons: 5,750
................................................................. 5,752
(Optional) 5,754
................................................................. 5,756
................................................................. 5,758
.............................. 5,759
(Name of Defendant) 5,760
............................. 5,762
(Signature) 5,763
.............................. 5,764
136
(Date) 5,765
5,766
WARNING: IF YOU DO NOT DELIVER THIS REQUEST FOR HEARING OR 5,768
A REQUEST IN A SUBSTANTIALLY SIMILAR FORM TO THE OFFICE OF THE 5,769
CLERK OF THIS COURT WITHIN FIVE (5) BUSINESS DAYS OF YOUR RECEIPT 5,770
OF IT, YOU WAIVE YOUR RIGHT TO A HEARING AT THIS TIME AND YOU MAY 5,771
BE REQUIRED TO GIVE UP THE PROPERTY SOUGHT WITHOUT A HEARING." 5,772
(C) The notice required by division (A) of this section 5,774
shall be served on the defendant in duplicate not less than seven 5,775
business days prior to the date on which the hearing is 5,776
scheduled, together with a copy of the complaint and summons, if 5,777
not previously served, and a copy of the motion for the 5,778
attachment of property and the affidavit attached to the motion, 5,779
in the same manner as provided in the Rules of Civil Procedure 5,780
for the service of process. Service may be effected by 5,781
publication as provided in the Rules of Civil Procedure except 5,782
that the number of weeks for publication may be reduced by the 5,783
court to the extent appropriate. 5,784
Sec. 2715.045. (A) Upon the filing of a motion for 5,793
attachment, a court may issue an order of attachment without 5,794
issuing notice to the defendant against whom the motion was filed 5,795
and without conducting a hearing if the court finds that there is 5,796
probable cause to support the motion and that the plaintiff that 5,797
filed the motion for attachment will suffer irreparable injury if 5,798
the order is delayed until the defendant against whom the motion 5,799
has been filed has been given the opportunity for a hearing. The 5,800
court's findings shall be based upon the motion and affidavit 5,801
filed pursuant to section 2715.03 of the Revised Code and any 5,802
other relevant evidence that it may wish to consider. 5,803
(B) A finding by the court that the plaintiff will suffer 5,805
irreparable injury may be made only if the court finds the 5,806
existence of either of the following circumstances: 5,807
(1) There is present danger that the property will be 5,809
immediately disposed of, concealed, or placed beyond the 5,810
137
jurisdiction of the court. 5,811
(2) The value of the property will be impaired 5,813
substantially if the issuance of an order of attachment is 5,814
delayed. 5,815
(C)(1) Upon the issuance by a court of an order of 5,817
attachment without notice and hearing pursuant to this section, 5,818
the plaintiff shall file the order with the clerk of the court, 5,819
together with a praecipe instructing the clerk to issue to the 5,820
defendant against whom the order was issued a copy of the motion, 5,821
affidavit, and order of attachment, and a notice that an order of 5,822
attachment was issued and that the defendant has a right to a 5,823
hearing on the matter. The clerk then immediately shall serve 5,824
upon the defendant, in the manner provided by the Rules of Civil 5,825
Procedure for service of process, a copy of the complaint and 5,826
summons, if not previously served, a copy of the motion, 5,827
affidavit, and order of attachment, and the following notice: 5,828
"(Name and Address of the Court) 5,830
(Case Caption) Case No. ..................... 5,832
NOTICE 5,835
You are hereby notified that this court has issued an order 5,837
in the above case in favor of (name and address of plaintiff), 5,838
the plaintiff in this proceeding, directing that property now in 5,839
your possession, be taken from you. This order was issued on the 5,840
basis of the plaintiff's claim against you as indicated in the 5,841
documents that are enclosed with this notice. 5,842
The law of Ohio and the United States provides that certain 5,844
benefit payments cannot be taken from you to pay a debt. Typical 5,845
among the benefits that cannot be attached or executed on by a 5,846
creditor are: 5,847
(1) Workers' compensation benefits; 5,849
(2) Unemployment compensation payments; 5,851
(3) Aid to dependent children (A.D.C.) CASH ASSISTANCE 5,853
PAYMENTS UNDER THE WORK COMPONENT OF THE OHIO WORKS FIRST 5,855
PROGRAM;
138
(4) Disability assistance administered by the Ohio 5,857
department of human services; 5,858
(5) Social security benefits; 5,860
(6) Supplemental security income (S.S.I.); 5,862
(7) Veteran's benefits; 5,864
(8) Black lung benefits; 5,866
(9) Certain pensions. 5,868
Additionally, your wages never can be taken to pay a debt 5,870
until a judgment has been obtained against you. There may be 5,871
other benefits not included in this list that apply in your case. 5,872
If you dispute the plaintiff's claim and believe that you 5,874
are entitled to possession of the property because it is exempt 5,875
or for any other reason, you may request a hearing before this 5,876
court by disputing the claim in the request for hearing form, 5,877
appearing below, or in a substantially similar form, and 5,878
delivering the request for hearing to this court at the above 5,879
address, at the office of the clerk of this court, no later than 5,880
the end of the fifth business day after you receive this notice. 5,881
You may state your reasons for disputing the claim in the space 5,882
provided on the form; however, you are not required to do so. If 5,883
you do state your reasons for disputing the claim, you are not 5,884
prohibited from stating any other reasons at the hearing, and if 5,885
you do not state your reasons, it will not be held against you by 5,886
the court and you can state your reasons at the hearing. If you 5,887
request a hearing, it will be held within three business days 5,888
after delivery of your request for hearing and notice of the 5,889
date, time, and place of the hearing will be sent to you. 5,890
You may avoid a hearing but recover and retain possession 5,892
of the property until the entry of final judgment in the action 5,893
by filing with the court, at the office of the clerk of this 5,894
court, not later than the end of the fifth business day after you 5,895
receive this notice, a bond executed by an acceptable surety in 5,896
the amount of $......... 5,897
If you do not request a hearing or file a bond before the 5,899
139
end of the fifth business day after you receive this notice, 5,900
possession of the property will be withheld from you during the 5,901
pendency of the action. Notice of the dates, times, places, and 5,902
purposes of any subsequent hearings and of the date, time, and 5,903
place of the trial of the action will be sent to you. 5,904
.............................. 5,905
Clerk of the Court 5,906
.............................. 5,907
Date" 5,908
(2) Along with the notice required by division (C)(1) of 5,910
this section, the clerk of the court also shall deliver to the 5,911
defendant a request for hearing form together with a 5,912
postage-paid, self-addressed envelope or a request for hearing 5,913
form on a postage-paid, self-addressed postcard. The request for 5,914
hearing shall be in substantially the following form: 5,915
"(Name and Address of Court) 5,917
Case Number ...................... Date ............. 5,919
REQUEST FOR HEARING 5,921
I dispute the claim for possession of property in the above 5,923
case and request that a hearing in this matter be held within 5,924
three business days after delivery of this request to the court. 5,925
I dispute the claim for the following reasons: 5,927
................................................................. 5,929
(Optional) 5,931
................................................................. 5,933
................................................................. 5,935
.............................. 5,937
(Name of Defendant) 5,938
.............................. 5,939
(Signature) 5,940
.............................. 5,941
(Date) 5,942
WARNING: IF YOU DO NOT DELIVER THIS REQUEST FOR HEARING OR 5,944
A REQUEST IN A SUBSTANTIALLY SIMILAR FORM TO THE OFFICE OF THE 5,945
140
CLERK OF THIS COURT WITHIN FIVE (5) BUSINESS DAYS OF YOUR RECEIPT 5,946
OF IT, YOU WAIVE YOUR RIGHT TO A HEARING AND POSSESSION OF THE 5,947
PROPERTY WILL BE WITHHELD FROM YOU DURING THE PENDENCY OF THE 5,948
ACTION." 5,949
(D) The defendant may receive a hearing in accordance with 5,951
section 2715.043 of the Revised Code by delivering a written 5,952
request for hearing to the court within five business days after 5,953
receipt of the notice provided pursuant to division (C) of this 5,954
section. The request may set forth the defendant's reasons for 5,955
disputing the plaintiff's claim for possession of property. 5,956
However, neither the defendant's inclusion of nor his failure to 5,958
include such reasons upon the request constitutes a waiver of any 5,959
defense of the defendant or affects the defendant's right to 5,960
produce evidence at any hearing or at the trial of the action. If 5,962
the request is made by the defendant, the court shall schedule a 5,963
hearing within three business days after the request is made,
send notice to the parties of the date, time, and place of the 5,964
hearing, and hold the hearing accordingly. 5,965
(E) If, after hearing, the court finds that there is not 5,967
probable cause to support the motion, it shall order that the 5,968
property be redelivered to the defendant without the condition of 5,969
bond. 5,970
Sec. 2716.13. (A) Upon the filing of a proceeding in 5,979
garnishment of property, other than personal earnings, under 5,980
section 2716.11 of the Revised Code, the court shall cause the 5,981
matter to be set for hearing within twelve days thereafter. 5,982
(B) Upon the scheduling of a hearing relative to a 5,984
proceeding in garnishment of property, other than personal 5,985
earnings, under division (A) of this section, the clerk of the 5,986
court immediately shall issue to the garnishee three copies of 5,987
the order of garnishment of property, other than personal 5,988
earnings, together with the garnishee's fee required by section 5,989
2716.12 of the Revised Code and with a written notice that the 5,990
garnishee answer as provided in section 2716.21 of the Revised 5,991
141
Code. The copies of the order and notice shall be served upon 5,992
the garnishee in the same manner as for the service of a summons. 5,993
In no case shall the order and notice be served later than seven 5,994
days prior to the date on which the hearing is scheduled. The 5,995
order shall bind the property, other than personal earnings, of 5,996
the judgment debtor in the possession of the garnishee at the 5,997
time of service. 5,998
The order of garnishment of property, other than personal 6,000
earnings, and notice to answer, three copies of which shall be 6,001
served upon the garnishee, shall be in substantially the 6,002
following form: 6,003
"ORDER AND NOTICE OF GARNISHMENT 6,005
OF PROPERTY OTHER THAN PERSONAL EARNINGS 6,006
AND ANSWER OF GARNISHEE 6,007
Docket No. ............. 6,009
Case No. ............... 6,010
In the ........... Court 6,011
.................., Ohio 6,012
The State of Ohio 6,013
County of ............, ss 6,014
..................., Judgment Creditor 6,015
vs 6,016
..................., Judgment Debtor 6,017
SECTION A. COURT ORDER AND NOTICE OF GARNISHMENT 6,018
To: ...................., Garnishee 6,019
The judgment creditor in the above case has filed an 6,021
affidavit, satisfactory to the undersigned, in the .............. 6,022
Court stating that you have money, property, or credits, other 6,023
than personal earnings, in your hands or under your control that 6,024
belong to the judgment debtor in the case, and that some of the 6,025
money, property, or credits may not be exempt from execution or 6,026
garnishment under the laws of the State of Ohio or the laws of 6,027
the United States. 6,028
You are therefore ordered to complete section (B) of this 6,030
142
form, and return the completed original of this form, together 6,031
with any amount shown due on it, to the ........... Court not 6,032
later than ........... Deliver one completed copy of this form 6,033
to the indicated judgment debtor. Keep the other copy for your 6,034
files. 6,035
The total probable amount now due on this judgment, 6,037
including interest and court costs, is $................ 6,038
You also are ordered to hold safely anything of value that 6,040
belongs to the indicated judgment debtor that has to be paid to 6,041
the court, as determined under section (B) of this form, but that 6,042
is of such a nature that it cannot be so delivered, until further 6,043
order of the court. 6,044
Witness my hand and the seal of this court this .......... 6,046
day of .........., 19...... 6,047
............................... 6,049
Judge 6,050
SECTION B. ANSWER OF GARNISHEE 6,052
Now comes ........., the garnishee who says: 6,054
1. That the garnishee has money, property, or credits, 6,056
other than personal earnings, of the indicated judgment debtor 6,057
under the garnishee's control and in the garnishee's possession. 6,058
.......... .......... ................................... 6,062
yes no if yes amount 6,065
2. Said property is described as: 6,068
3. If the answer to line 1 is "yes" and the amount is less 6,070
than the probable amount now due on the judgment, including 6,071
interest and costs, as indicated in section (A) of this form, 6,072
sign and return this form and pay the amount of line 1 to the 6,073
clerk of this court. 6,074
4. If the answer to line 1 is "yes" and the amount is 6,076
greater than that probable amount now due, sign and return this 6,077
form and pay that probable amount now due to the clerk of this 6,078
court. 6,079
143
5. If the answer to line 1 is "yes" but the money, 6,081
property, or credits are of such a nature that they cannot be 6,082
delivered to the clerk of the court, indicate that by placing an 6,083
"X" in this space: ...... Do not dispose of that money, 6,084
property, or credits or give them to anyone else until further 6,085
order of the court. 6,086
6. If the answer to line 1 is "no,"", sign and return this 6,088
form to the clerk of this court. 6,089
I certify that the statements above are true. 6,092
............................. 6,092
(Print Name of Garnishee) 6,094
............................. 6,096
(Print Name and Title of 6,098
Person Who Completed Form) 6,100
Signed .................................................... 6,102
(Signature of Person Completing Form) 6,104
Dated this .......... day of .......... 19....." 6,106
Section A of the form described in this division shall be 6,108
filled in before service. Section B of the form shall be filled 6,109
in by the garnishee and the original filed with the court as the 6,110
garnishee's answer. The garnishee may keep one completed copy 6,111
and shall deliver the other completed copy to the judgment 6,112
debtor.
If there are several orders of garnishment of property, 6,114
other than personal earnings, against the same judgment debtor, 6,115
they shall be issued in the same order in which they were 6,116
received by the clerk. 6,117
(C)(1) At the time of the filing of a proceeding in 6,119
garnishment of property, other than personal earnings, under 6,120
section 2716.11 of the Revised Code, the judgment creditor also 6,121
shall file with the clerk of the court a praecipe instructing the 6,122
clerk to issue to the judgment debtor a notice and a hearing 6,123
request form. Upon receipt of the praecipe and the scheduling of 6,124
a hearing relative to an action in garnishment of property, other 6,125
144
than personal earnings, under division (A) of this section, the 6,126
clerk of the court immediately shall serve upon the judgment 6,127
debtor, in accordance with division (D) of this section, two 6,128
copies of the notice to the judgment debtor and hearing request 6,129
form. In no case shall the copies of the notice and hearing 6,130
request form be served later than seven days prior to the date on 6,131
which the hearing is scheduled. 6,132
(a) The notice to the judgment debtor that must be served 6,134
upon the judgment debtor shall be in substantially the following 6,135
form: 6,136
"(Name and Address of the Court) 6,138
(Case Caption) ........... Case No. ........... 6,140
NOTICE TO THE JUDGMENT DEBTOR 6,142
You are hereby notified that this court has issued an order 6,144
in the above case in favor of (name and address of judgment 6,145
creditor), the judgment creditor in this proceeding, directing 6,146
that some of your money, property, or credits, other than 6,147
personal earnings, now in the possession of (name and address of 6,148
garnishee), the garnishee in this proceeding, be used to satisfy 6,149
your debt to the judgment creditor. This order was issued on the 6,150
basis of the judgment creditor's judgment against you that was 6,151
obtained in (name of court) in (case number) on (date). Upon 6,152
your receipt of this notice, you are prohibited from removing or 6,153
attempting to remove such money, property, or credits until 6,154
expressly permitted by the court. Any violation of this 6,155
prohibition subjects you to punishment for contempt of court. 6,156
The law of Ohio and the United States provides that certain 6,158
benefit payments cannot be taken from you to pay a debt. Typical 6,159
among the benefits that cannot be attached or executed upon by a 6,160
creditor are: 6,161
(1) Workers' compensation benefits; 6,163
(2) Unemployment compensation payments; 6,165
(3) Aid to dependent children (A.D.C.) CASH ASSISTANCE 6,167
PAYMENTS UNDER THE WORK COMPONENT OF THE OHIO WORKS FIRST 6,169
145
PROGRAM;
(4) Disability assistance administered by the Ohio 6,171
department of human services; 6,172
(5) Social security benefits; 6,174
(6) Supplemental security income (S.S.I.); 6,176
(7) Veteran's benefits; 6,178
(8) Black lung benefits; 6,180
(9) Certain pensions. 6,182
Additionally, wages under a certain amount may not be taken 6,184
to pay the debt. There may be other benefits not included in the 6,185
above list that apply in your case. 6,186
If you dispute the judgment creditor's right to garnish 6,188
your property and believe that the judgment creditor should not 6,189
be given your money, property, or credits, other than personal 6,190
earnings, now in the possession of the indicated garnishee 6,191
because they are exempt or if you feel that this order is 6,192
improper for any other reason, you may request a hearing before 6,193
this court by disputing the claim in the request for hearing 6,194
form, appearing below, or in a substantially similar form, and 6,195
delivering the request for hearing to this court at the above 6,196
address, at the office of the clerk of this court no later than 6,197
the end of the fifth business day after you receive this notice. 6,198
You may state your reasons for disputing the judgment creditor's 6,199
right to garnish your property in the space provided on the form 6,200
but you are not required to do so. If you do state your reasons 6,201
for disputing the judgment creditor's right, you are not 6,202
prohibited from stating any other reason at the hearing, and if 6,203
you do not state your reasons, it will not be held against you by 6,204
the court and you can state your reasons at the hearing. 6,205
If you request a hearing, the hearing will be limited to a 6,207
consideration of the amount of your money, property, or credits, 6,208
other than personal earnings, in the possession or control of the 6,209
indicated garnishee, if any, that can be used to satisfy all or 6,210
part of the judgment you owe to the judgment creditor. No 6,211
146
objections to the judgment itself will be heard or considered at 6,212
any such hearing. 6,213
If you request a hearing by delivering your request for 6,215
hearing no later than the end of the fifth business day after you 6,216
receive this notice, it will be conducted in .......... courtroom 6,217
.........., (address of court), at ..... m. on .........., 6,218
19...... You may request the court to conduct the hearing before 6,219
this date by indicating your request in the space provided on the 6,220
form; the court then will send you notice of any change in the 6,221
date, time, or place of the hearing. If you do not request a 6,222
hearing by delivering your request for hearing no later than the 6,223
end of the fifth business day after you receive this notice, some 6,224
of your money, property, or credits, other than personal 6,225
earnings, will be paid to the judgment creditor. 6,226
If you have any questions concerning this matter, you may 6,228
contact the office of the clerk of this court. If you want legal 6,229
representation, you should contact your lawyer immediately. If 6,230
you need the name of a lawyer, contact the local bar association. 6,231
.............................. 6,232
Clerk of the Court 6,233
.............................. 6,234
Date" 6,235
(b) The hearing request form that must be served upon the 6,237
judgment debtor shall have attached to it a postage-paid, 6,238
self-addressed envelope or shall be on a postage-paid 6,239
self-addressed postcard, and shall be in substantially the 6,240
following form: 6,241
"(Name and Address of Court) 6,243
Case Number.......... Date.......... 6,245
REQUEST FOR HEARING 6,247
I dispute the judgment creditor's right to garnish my 6,249
money, property, or credits, other than personal earnings, in the 6,250
above case and request that a hearing in this matter be held 6,252
........................................... the date and time set 6,252
147
(Insert "on" or "earlier than") 6,254
forth in the document entitled "NOTICE OF THE JUDGMENT DEBTOR" 6,256
that I received with this request form. 6,257
I dispute the judgment creditor's right to garnish my 6,260
property for the following reasons:
................................................................. 6,261
(Optional) 6,262
................................................................. 6,263
................................................................. 6,264
6,265
.............................. 6,266
(Name of Judgment Debtor) 6,267
.............................. 6,268
(Signature) 6,269
.............................. 6,270
(Date) 6,271
WARNING: IF YOU DO NOT DELIVER THIS REQUEST FOR HEARING OR 6,274
A REQUEST IN A SUBSTANTIALLY SIMILAR FORM TO THE OFFICE OF THE 6,275
CLERK OF THIS COURT WITHIN FIVE (5) BUSINESS DAYS OF YOUR RECEIPT 6,276
OF IT, YOU WAIVE YOUR RIGHT TO A HEARING AND SOME OF YOUR MONEY, 6,277
PROPERTY, OR CREDITS, OTHER THAN PERSONAL EARNINGS, NOW IN THE 6,278
POSSESSION OF (GARNISHEE'S NAME) WILL BE PAID TO (JUDGMENT 6,279
CREDITOR'S NAME) TO SATISFY SOME OF YOUR DEBT TO HIM (JUDGEMENT 6,281
JUDGMENT CREDITOR'S NAME)." 6,282
(2) The judgment debtor may receive a hearing in 6,284
accordance with this division by delivering a written request for 6,285
hearing to the court within five business days after receipt of 6,286
the notice provided pursuant to division (C)(1) of this section. 6,287
The request may set forth the judgment debtor's reasons for 6,288
disputing the judgment creditor's right to garnish the money, 6,289
property, or credits, other than wages; however, neither the 6,290
judgment debtor's inclusion of nor failure to include such 6,291
reasons upon the request constitutes a waiver of any defense of 6,292
the judgment debtor or affects the judgment debtor's right to 6,293
148
produce evidence at any hearing. If the request is made by the 6,294
judgment debtor within the prescribed time, the hearing shall be 6,295
limited to a consideration of the amount of money, property, or 6,296
credits, other than wages, of the judgment debtor in the hands of 6,297
the garnishee, if any, that can be used to satisfy all or part of 6,298
the debt owed by the judgment debtor to the judgment creditor. If 6,300
a request for a hearing is not received by the court within the 6,301
prescribed time, the hearing scheduled pursuant to division (A) 6,302
of this section shall be canceled unless the court grants the
judgment debtor a continuance in accordance with division (C)(3) 6,303
of this section. 6,304
(3) If the judgment debtor does not request a hearing in 6,306
the action within the prescribed time pursuant to division (C)(2) 6,307
of this section, the court nevertheless may grant a continuance 6,308
of the scheduled hearing if the judgment debtor, prior to the 6,309
time at which the hearing was scheduled, as indicated on the 6,310
notice to the judgment debtor required by division (C)(1) of this 6,311
section, establishes a reasonable justification for his failure 6,312
to request the hearing within the prescribed time. If the court 6,313
grants such a continuance of the hearing, it shall cause the 6,314
matter to be set for hearing as soon as practicable thereafter. 6,315
The continued hearing shall be conducted in accordance with 6,316
division (C)(2) of this section. 6,317
(4) The court may conduct the hearing on the matter prior 6,319
to the time at which the hearing was scheduled, as indicated on 6,320
the notice to the judgment debtor required by division (C)(1) of 6,321
this section, upon the request of the judgment debtor. The 6,322
parties shall be sent notice, by the clerk of the court, by 6,323
regular mail, of any change in the date, time, or place of the 6,324
hearing. 6,325
(5) If the scheduled hearing is canceled and no 6,327
continuance is granted, the court shall issue an order to the 6,328
garnishee to pay all or some of the money, property, or credits, 6,329
other than wages, of the judgment debtor in the possession of the 6,330
149
garnishee at the time of service of the notice and order into 6,331
court if they have not already been paid to the court. This 6,332
order shall be based on the answer of the garnishee filed 6,333
pursuant to this section. If the scheduled hearing is conducted 6,334
or if it is continued and conducted, the court shall determine at 6,335
the hearing the amount of the money, property, or credits, other 6,336
than wages, of the judgment debtor in the possession of the 6,337
garnishee at the time of service of the notice and order, if any, 6,338
that can be used to satisfy all or part of the debt owed by the 6,340
judgment debtor to the judgment creditor, and issue an order, 6,341
accordingly, to the garnishee to pay that amount into court if it 6,342
has not already been paid to the court.
(D) The notice to the judgment debtor and hearing request 6,344
form, as described in division (C) of this section, shall be sent 6,345
by the clerk by ordinary or regular mail service unless the 6,346
judgment creditor requests that service be made in accordance 6,347
with the Rules of Civil Procedure, in which case the notice and 6,348
form shall be served in accordance with the Rules of Civil 6,349
Procedure. Any court of common pleas that issues an order of 6,350
garnishment of property, other than personal earnings, under this 6,351
section has jurisdiction to serve process pursuant to this 6,352
section upon a garnishee who does not reside within the 6,353
jurisdiction of the court. Any county court or municipal court 6,354
that issues an order of garnishment of property, other than 6,355
personal earnings, under this section has jurisdiction to serve 6,356
process pursuant to this section upon a garnishee who does not 6,357
reside within the jurisdiction of the court. 6,358
Sec. 2901.30. (A) As used in sections 2901.30 to 2901.32 6,368
of the Revised Code: 6,369
(1) "Information" means information that can be integrated 6,371
into the computer system and that relates to the physical or 6,372
mental description of a minor including, but not limited to, 6,373
height, weight, color of hair and eyes, use of eyeglasses or 6,374
contact lenses, skin coloring, physical or mental handicaps, 6,375
150
special medical conditions or needs, abnormalities, problems, 6,376
scars and marks, and distinguishing characteristics, and other 6,377
information that could assist in identifying a minor including, 6,378
but not limited to, full name and nickname, date and place of 6,379
birth, age, names and addresses of parents and other relatives, 6,380
fingerprints, dental records, photographs, social security 6,381
number, driver's license number, credit card numbers, bank 6,382
account numbers, and clothing. 6,383
(2) "Minor" means a person under eighteen years of age. 6,385
(3) "Missing children" or "missing child" means either of 6,387
the following: 6,388
(a) A minor who has run away from or who otherwise is 6,390
missing from the home of, or the care, custody, and control of, 6,391
the minor's parents, parent who is the residential parent and 6,392
legal custodian, guardian, legal custodian, or other person 6,393
having responsibility for the care of the minor; 6,394
(b) A minor who is missing and about whom there is reason 6,396
to believe the minor could be the victim of a violation of 6,397
section 2905.01, 2905.02, 2905.03, or 2919.23 of the Revised Code 6,399
or of a violation of section 2905.04 of the Revised Code as it 6,400
existed prior to the effective date of this amendment.
(B) When a law enforcement agency in this state that has 6,402
jurisdiction in the matter is informed that a minor is or may be 6,403
a missing child and that the person providing the information 6,404
wishes to file a missing child report, the law enforcement agency 6,405
shall take that report. Upon taking the report, the law 6,406
enforcement agency shall take prompt action upon it, including, 6,407
but not limited to, concerted efforts to locate the missing 6,408
child. No law enforcement agency in this state shall have a rule 6,409
or policy that prohibits or discourages the filing of or the 6,410
taking of action upon a missing child report, within a specified 6,411
period following the discovery or formulation of a belief that a 6,412
minor is or could be a missing child. 6,413
(C) If a missing child report is made to a law enforcement 6,415
151
agency in this state that has jurisdiction in the matter, the law 6,416
enforcement agency shall gather readily available information 6,417
about the missing child and integrate it into the national crime 6,418
information center computer within twelve hours following the 6,419
making of the report. The law enforcement agency shall make 6,420
reasonable efforts to acquire additional information about the 6,421
missing child following the transmittal of the initially 6,422
available information, and promptly integrate any additional 6,423
information acquired into such computer systems. 6,424
Whenever a law enforcement agency integrates information 6,426
about a missing child into the national crime information center 6,427
computer, the law enforcement agency promptly shall notify the 6,428
missing child's parents, parent who is the residential parent and 6,429
legal custodian, guardian, or legal custodian, or any other 6,430
person responsible for the care of the missing child, that it has 6,431
so integrated the information. 6,432
The parents, parent who is the residential parent and legal 6,434
custodian, guardian, legal custodian, or other person responsible 6,435
for the care of the missing child shall provide available 6,436
information upon request, and may provide information 6,437
voluntarily, to the law enforcement agency during the information 6,438
gathering process. The law enforcement agency also may obtain 6,439
available information about the missing child from other persons, 6,440
subject to constitutional and statutory limitations. 6,441
(D) Upon the filing of a missing child report, the law 6,443
enforcement agency involved promptly shall make a reasonable 6,444
attempt to notify other law enforcement agencies within its 6,445
county and, if the agency has jurisdiction in a municipal 6,446
corporation or township that borders another county, to notify 6,447
the law enforcement agency for the municipal corporation or 6,448
township in the other county with which it shares the border, 6,449
that it has taken a missing child report and may be requesting 6,450
assistance or cooperation in the case, and provide relevant 6,451
information to the other law enforcement agencies. The agency 6,452
152
may notify additional law enforcement agencies, appropriate 6,453
county PUBLIC children services boards, and appropriate county 6,455
departments of human services exercising children services 6,456
functions AGENCIES, about the case, request their assistance or 6,457
cooperation in the case, and provide them with relevant 6,458
information. 6,459
Upon request from a law enforcement agency, a county PUBLIC 6,461
children services board or a county department of human services 6,462
exercising children services functions AGENCY shall grant the law 6,463
enforcement agency access to all information concerning a missing 6,464
child that the board or department AGENCY possesses that may be 6,465
relevant to the law enforcement agency in investigating a missing 6,467
child report concerning that child. The information obtained by 6,468
the law enforcement agency shall be used only to further the 6,469
investigation to locate the missing child. 6,470
(E) Upon request, law enforcement agencies in this state 6,472
shall provide assistance to, and cooperate with, other law 6,473
enforcement agencies in their investigation of missing child 6,474
cases. 6,475
The information in any missing child report made to a law 6,477
enforcement agency shall be made available, upon request, to law 6,478
enforcement personnel of this state, other states, and the 6,479
federal government when the law enforcement personnel indicate 6,480
that the request is to aid in identifying or locating a missing 6,481
child or the possible identification of a deceased minor who, 6,482
upon discovery, cannot be identified. 6,483
(F) When a missing child has not been located within 6,485
thirty days after the date on which the missing child report 6,486
pertaining to the child was filed with a law enforcement agency, 6,487
that law enforcement agency shall request the missing child's 6,489
parents, parent who is the residential parent and legal 6,490
custodian, guardian, or legal custodian, or any other person 6,491
responsible for the care of the missing child, to provide written 6,492
consent for the law enforcement agency to contact the missing 6,493
153
child's dentist and request the missing child's dental records. 6,494
Upon receipt of such written consent, the dentist shall release a 6,495
copy of the missing child's dental records to the law enforcement 6,496
agency and shall provide and encode the records in such form as 6,497
requested by the law enforcement agency. The law enforcement 6,498
agency then shall integrate information in the records into the 6,499
national crime information center computer in order to compare 6,500
the records to those of unidentified deceased persons. This 6,501
division does not prevent a law enforcement agency from seeking 6,502
consent to obtain copies of a missing child's dental records, or 6,503
prevent a missing child's parents, parent who is the residential 6,504
parent and legal custodian, guardian, or legal custodian, or any 6,505
other person responsible for the care of the missing child, from 6,506
granting consent for the release of copies of the missing child's 6,507
dental records to a law enforcement agency, at any time. 6,508
(G) A missing child's parents, parent who is the 6,510
residential parent and legal custodian, guardian, or legal 6,511
custodian, or any other persons responsible for the care of a 6,512
missing child, immediately shall notify the law enforcement 6,513
agency with which they filed the missing child report whenever 6,514
the child has returned to their home or to their care, custody, 6,515
and control, has been released if the missing child was the 6,516
victim of an offense listed in division (A)(3)(b) of this 6,518
section, or otherwise has been located. Upon such notification 6,519
or upon otherwise learning that a missing child has returned to 6,520
the home of, or to the care, custody, and control of the missing 6,521
child's parents, parent who is the residential parent and legal 6,523
custodian, guardian, legal custodian, or other person responsible 6,524
for the missing child's care, has been released if THE MISSING 6,526
CHILD was the victim of an offense listed in division (A)(3)(b) 6,528
of this section, or otherwise has been located, the law
enforcement agency involved promptly shall integrate the fact 6,529
that the minor no longer is a missing child into the national 6,530
crime information center computer. 6,531
154
(H) Nothing contained in this section shall be construed 6,533
to impair the confidentiality of services provided to runaway 6,534
minors by shelters for runaway minors pursuant to sections 6,535
5119.64 to 5119.68 of the Revised Code. 6,536
Sec. 2921.13. (A) No person shall knowingly make a false 6,545
statement, or knowingly swear or affirm the truth of a false 6,546
statement previously made, when any of the following applies: 6,547
(1) The statement is made in any official proceeding. 6,549
(2) The statement is made with purpose to incriminate 6,551
another. 6,552
(3) The statement is made with purpose to mislead a public 6,554
official in performing the public official's official function. 6,555
(4) The statement is made with purpose to secure the 6,557
payment of unemployment compensation, aid to dependent children 6,558
OHIO WORKS FIRST, disability assistance, retirement benefits, 6,560
economic development assistance, as defined in section 9.66 of
the Revised Code, or other benefits administered by a 6,561
governmental agency or paid out of a public treasury. 6,563
(5) The statement is made with purpose to secure the 6,565
issuance by a governmental agency of a license, permit, 6,566
authorization, certificate, registration, release, or provider 6,567
agreement. 6,568
(6) The statement is sworn or affirmed before a notary 6,570
public or another person empowered to administer oaths. 6,571
(7) The statement is in writing on or in connection with a 6,573
report or return that is required or authorized by law. 6,574
(8) The statement is in writing and is made with purpose 6,576
to induce another to extend credit to or employ the offender, to 6,577
confer any degree, diploma, certificate of attainment, award of 6,579
excellence, or honor on the offender, or to extend to or bestow 6,580
upon the offender any other valuable benefit or distinction, when 6,581
the person to whom the statement is directed relies upon it to 6,582
that person's detriment.
(9) The statement is made with purpose to commit or 6,584
155
facilitate the commission of a theft offense. 6,585
(10) The statement is knowingly made to a probate court in 6,587
connection with any action, proceeding, or other matter within 6,588
its jurisdiction, either orally or in a written document, 6,589
including, but not limited to, an application, petition, 6,590
complaint, or other pleading, or an inventory, account, or 6,591
report. 6,592
(11) The statement is made on an account, form, record, 6,594
stamp, label, or other writing that is required by law. 6,595
(12)(19) The statement is made in connection with the 6,597
purchase of a firearm, as defined in section 2923.11 of the 6,599
Revised Code, and in conjunction with the furnishing to the 6,600
seller of the firearm of a fictitious or altered driver's or 6,601
commercial driver's license or permit, a fictitious or altered
identification card, or any other document that contains false 6,602
information about the purchaser's identity. 6,603
(20)(13) The statement is made in a document or instrument 6,605
of writing that purports to be a judgment, lien, or claim of 6,607
indebtedness and is filed or recorded with the secretary of 6,608
state, a county recorder, or the clerk of a court of record. 6,609
(B) No person, in connection with the purchase of a 6,611
firearm, as defined in section 2923.11 of the Revised Code, shall 6,613
knowingly furnish to the seller of the firearm a fictitious or 6,614
altered driver's or commercial driver's license or permit, a 6,615
fictitious or altered identification card, or any other document
that contains false information about the purchaser's identity. 6,616
(C) It is no defense to a charge under division (A)(4) of 6,618
this section that the oath or affirmation was administered or 6,619
taken in an irregular manner. 6,620
(D) If contradictory statements relating to the same fact 6,623
are made by the offender within the period of the statute of
limitations for falsification, it is not necessary for the 6,624
prosecution to prove which statement was false but only that one 6,625
or the other was false. 6,626
156
(E)(1) Whoever violates division (A)(1), (2), (3), (4), 6,628
(5), (6), (7), (8), (10), or (11), or (20)(13) of this section is 6,630
guilty of falsification, a misdemeanor of the first degree. 6,631
(2) Whoever violates division (A)(9) of this section is 6,633
guilty of falsification in a theft offense. Except as otherwise 6,634
provided in this division, falsification in a theft offense is a 6,636
misdemeanor of the first degree. If the value of the property or
services stolen is five hundred dollars or more and is less than 6,637
five thousand dollars, falsification in a theft offense is a 6,638
felony of the fifth degree. If the value of the property or 6,639
services stolen is five thousand dollars or more and is less than 6,640
one hundred thousand dollars, falsification in a theft offense is 6,641
a felony of the fourth degree. If the value of the property or
services stolen is one hundred thousand dollars or more, 6,642
falsification in a theft offense is a felony of the third degree. 6,643
(3)(4) Whoever violates division (A)(12)(19) or (B) of 6,646
this section is guilty of falsification to purchase a firearm, a
felony of the fifth degree. 6,647
(F) A person who violates this section is liable in a 6,649
civil action to any person harmed by the violation for injury, 6,650
death, or loss to person or property incurred as a result of the 6,652
commission of the offense and for reasonable attorney's fees, 6,653
court costs, and other expenses incurred as a result of 6,654
prosecuting the civil action commenced under this division. A
civil action under this division is not the exclusive remedy of a 6,655
person who incurs injury, death, or loss to person or property as 6,656
a result of a violation of this section. 6,657
Sec. 2951.02. (A)(1) In determining whether to suspend a 6,667
sentence of imprisonment imposed upon an offender for a
misdemeanor and place the offender on probation or whether to 6,669
otherwise suspend a sentence of imprisonment imposed upon an
offender for a misdemeanor pursuant to division (A) of section 6,670
2929.51 of the Revised Code, the court shall consider the risk 6,671
that the offender will commit another offense and the need for 6,672
157
protecting the public from the risk, the nature and circumstances 6,673
of the offense, and the history, character, and condition of the 6,674
offender. 6,675
(2) An offender who has been convicted of or pleaded 6,677
guilty to a misdemeanor shall not be placed on probation and 6,678
shall not otherwise have the sentence of imprisonment imposed 6,679
upon the offender suspended pursuant to division (A) of section 6,681
2929.51 of the Revised Code if any of the following applies: 6,683
(a) The offender is a repeat or dangerous offender, as 6,686
defined in section 2935.36 of the Revised Code. 6,687
(b) The misdemeanor offense involved was not a violation 6,690
of section 2923.12 of the Revised Code and was committed while 6,691
the offender was armed with a firearm or dangerous ordnance, as 6,692
defined in section 2923.11 of the Revised Code. 6,694
(c) Under division (C) of section 2903.07 of the Revised 6,696
Code, the offender is not eligible for probation. 6,697
(B) The following do not control the court's discretion 6,699
but the court shall consider them in favor of placing an offender 6,700
who has been convicted of or pleaded guilty to a misdemeanor on 6,701
probation or in favor of otherwise suspending the offender's 6,702
sentence of imprisonment pursuant to division (A) of section 6,703
2929.51 of the Revised Code: 6,704
(1) The offense neither caused nor threatened serious harm 6,706
to persons or property, or the offender did not contemplate that 6,707
it would do so. 6,708
(2) The offense was the result of circumstances unlikely 6,710
to recur. 6,711
(3) The victim of the offense induced or facilitated it. 6,713
(4) There are substantial grounds tending to excuse or 6,715
justify the offense, though failing to establish a defense. 6,716
(5) The offender acted under strong provocation. 6,718
(6) The offender has no history of prior delinquency or 6,720
criminal activity, or has led a law-abiding life for a 6,721
substantial period before commission of the present offense. 6,722
158
(7) The offender is likely to respond affirmatively to 6,724
probationary or other court-imposed treatment. 6,725
(8) The character and attitudes of the offender indicate 6,727
that the offender is unlikely to commit another offense. 6,728
(9) The offender has made or will make restitution or 6,730
reparation to the victim of the offender's offense for the 6,731
injury, damage, or loss sustained. 6,732
(10) Imprisonment of the offender will entail undue 6,734
hardship to the offender or the offender's dependents. 6,735
(C)(1)(a) When an offender who has been convicted of or 6,737
pleaded guilty to a misdemeanor is placed on probation or the 6,739
sentence of that type of offender otherwise is suspended pursuant 6,740
to division (A) of section 2929.51 of the Revised Code, the 6,742
probation or other suspension shall be at least on condition 6,743
that, during the period of probation or other suspension, the 6,744
offender shall abide by the law, including, but not limited to, 6,745
complying with the provisions of Chapter 2923. of the Revised 6,746
Code relating to the possession, sale, furnishing, transfer, 6,747
disposition, purchase, acquisition, carrying, conveying, or use 6,748
of, or other conduct involving, a firearm or dangerous ordnance,
as defined in section 2923.11 of the Revised Code, and shall not 6,749
leave the state without the permission of the court or the 6,752
offender's probation officer. In the interests of doing justice,
rehabilitating the offender, and ensuring the offender's good 6,753
behavior, the court may impose additional requirements on the 6,754
offender, including, but not limited to, requiring the offender 6,755
to make restitution pursuant to section 2929.21 of the Revised 6,756
Code for all or part of the property damage that is caused by the 6,758
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 6,759
division (K) of section 2913.01 of the Revised Code, that the 6,760
offender committed. Compliance with the additional requirements 6,761
also shall be a condition of the offender's probation or other 6,762
suspension. 6,763
159
(b) When an offender who has been convicted of or pleaded 6,765
guilty to a felony is sentenced to a nonresidential sanction 6,766
pursuant to section 2929.17 of the Revised Code, the court shall 6,768
impose as a condition of the sanction that, during the period of 6,769
the nonresidential sanction, the offender shall abide by the law, 6,770
including, but not limited to, complying with the provisions of 6,771
Chapter 2923. of the Revised Code identified in division 6,773
(C)(1)(a) of this section. 6,774
(2) During the period of a misdemeanor offender's 6,776
probation or other suspension or during the period of a felon's 6,777
nonresidential sanction, authorized probation officers who are 6,779
engaged within the scope of their supervisory duties or 6,780
responsibilities may search, with or without a warrant, the 6,781
person of the offender, the place of residence of the offender,
and a motor vehicle, another item of tangible or intangible 6,782
personal property, or other real property in which the offender 6,783
has a right, title, or interest or for which the offender has the 6,784
express or implied permission of a person with a right, title, or 6,786
interest to use, occupy, or possess if the probation officers
have reasonable grounds to believe that the offender is not 6,787
abiding by the law or otherwise is not complying with the 6,788
conditions of the offender's probation or other suspension or the 6,790
conditions of the offender's nonresidential sanction. If a felon 6,791
who is sentenced to a nonresidential sanction is under the
general control and supervision of the adult parole authority, as 6,792
described in division (A)(2)(a) of section 2929.15 of the Revised 6,793
Code, adult parole authority field officers with supervisory 6,794
responsibilities over the felon shall have the same search 6,795
authority relative to the felon during the period of the sanction 6,796
as is described under this division for probation officers. The 6,797
court that places the offender on probation or suspends the 6,799
misdemeanor offender's sentence of imprisonment pursuant to
division (D)(2) or (4) of section 2929.51 of the Revised Code or 6,801
that sentences the felon to a nonresidential sanction pursuant to 6,802
160
section 2929.17 of the Revised Code shall provide the offender 6,803
with a written notice that informs the offender that authorized 6,804
probation officers or adult parole authority field officers with 6,805
supervisory responsibilities over the offender who are engaged 6,806
within the scope of their supervisory duties or responsibilities 6,807
may conduct those types of searches during the period of 6,809
probation or other suspension or during the period of the 6,810
nonresidential sanction if they have reasonable grounds to 6,811
believe that the offender is not abiding by the law or otherwise 6,812
is not complying with the conditions of the offender's probation
or other suspension or the conditions of the offender's 6,813
nonresidential sanction. 6,814
(D) The following do not control the court's discretion 6,816
but the court shall consider them against placing an offender who 6,817
has been convicted of or pleaded guilty to a misdemeanor on 6,818
probation and against otherwise suspending the offender's 6,819
sentence of imprisonment pursuant to division (A) of section 6,820
2929.51 of the Revised Code:
(1) The offender recently violated the conditions of 6,822
pardon, post-release control pursuant to section 2967.28 of the 6,824
Revised Code, or a probation or suspension pursuant to division 6,826
(A) of section 2929.51 of the Revised Code, previously granted 6,827
the offender.
(2) There is a substantial risk that, while at liberty 6,829
during the period of probation or other suspension, the offender 6,830
will commit another offense. 6,831
(3) The offender is in need of correctional or 6,833
rehabilitative treatment that can be provided best by the 6,834
offender's commitment to a locally governed and operated 6,835
residential facility.
(4) Regardless of whether the offender knew the age of the 6,837
victim, the victim of the offense was sixty-five years of age or 6,838
older or permanently and totally disabled at the time of the 6,839
commission of the offense. 6,840
161
(E) The criteria listed in divisions (B) and (D) of this 6,842
section shall not be construed to limit the matters that may be 6,843
considered in determining whether to suspend sentence of 6,844
imprisonment and place an offender who has been convicted of or 6,845
pleaded guilty to a misdemeanor on probation or whether to 6,846
otherwise suspend the offender's sentence of imprisonment 6,847
pursuant to division (A) of section 2929.51 of the Revised Code. 6,849
(F)(1) When an offender is convicted of or pleads guilty 6,853
to a misdemeanor, the court may require the offender, as a 6,854
condition of probation or as a condition of otherwise suspending 6,855
the offender's sentence pursuant to division (A) of section 6,856
2929.51 of the Revised Code, in addition to the conditions of 6,857
probation or other suspension imposed pursuant to division (C) of 6,858
this section, to perform supervised community service work under 6,859
the authority of health districts, park districts, counties, 6,860
municipal corporations, townships, other political subdivisions 6,861
of the state, or agencies of the state or any of its political 6,862
subdivisions, or under the authority of charitable organizations 6,863
that render services to the community or its citizens, in 6,864
accordance with this division. Supervised community service work 6,865
shall not be required as a condition of probation or other 6,866
suspension under this division unless the offender agrees to 6,867
perform the work offered as a condition of probation or other 6,868
suspension by the court. The court may require an offender who 6,869
agrees to perform the work to pay to it a reasonable fee to cover 6,870
the costs of the offender's participation in the work, including, 6,871
but not limited to, the costs of procuring a policy or policies 6,872
of liability insurance to cover the period during which the 6,873
offender will perform the work.
A court may permit any offender convicted of a misdemeanor 6,875
to satisfy the payment of a fine imposed for the offense by 6,876
performing supervised community service work as described in this 6,877
division if the offender requests an opportunity to satisfy the 6,878
payment by this means and if the court determines the offender is 6,879
162
financially unable to pay the fine. 6,880
The supervised community service work that may be imposed 6,882
under this division shall be subject to the following 6,883
limitations: 6,884
(a) The court shall fix the period of the work and, if 6,886
necessary, shall distribute it over weekends or over other 6,887
appropriate times that will allow the offender to continue at the 6,888
offender's occupation or to care for the offender's family. The 6,889
period of the work as fixed by the court shall not exceed an 6,890
aggregate of two hundred hours. 6,891
(b) An agency, political subdivision, or charitable 6,893
organization must agree to accept the offender for the work 6,894
before the court requires the offender to perform the work for 6,895
the entity. A court shall not require an offender to perform 6,896
supervised community service work for an agency, political 6,897
subdivision, or charitable organization at a location that is an 6,898
unreasonable distance from the offender's residence or domicile, 6,899
unless the offender is provided with transportation to the 6,900
location where the work is to be performed. 6,901
(c) A court may enter into an agreement with a county 6,903
department of human services for the management, placement, and 6,904
supervision of offenders eligible for community service work in 6,905
department of human services programs established pursuant to 6,907
WORK ACTIVITIES, DEVELOPMENTAL ACTIVITIES, AND ALTERNATIVE WORK 6,909
ACTIVITIES UNDER sections 5101.80 5107.40 to 5101.94 or section 6,910
5101.21 or 5107.30 5107.68 of the Revised Code. If a court and a 6,911
county department of human services have entered into an 6,912
agreement of that nature, the clerk of that court is authorized 6,913
to pay directly to the department of human services all or a 6,914
portion of the fees collected by the court pursuant to this 6,915
division in accordance with the terms of its agreement. 6,916
(d) Community service work that a court requires under 6,918
this division shall be supervised by an official of the agency, 6,919
political subdivision, or charitable organization for which the 6,920
163
work is performed or by a person designated by the agency, 6,921
political subdivision, or charitable organization. The official 6,922
or designated person shall be qualified for the supervision by 6,923
education, training, or experience, and periodically shall 6,924
report, in writing, to the court and to the offender's probation 6,925
officer concerning the conduct of the offender in performing the 6,926
work. 6,927
(2) When an offender is convicted of a felony, the court 6,929
may impose pursuant to sections 2929.15 and 2929.17 of the 6,930
Revised Code a sanction that requires the offender to perform 6,931
supervised community service work in accordance with this 6,932
division and under the authority of any agency, political 6,933
subdivision, or charitable organization as described in division 6,934
(F)(1) of this section. The court may require an offender who is 6,935
ordered to perform the work to pay to it a reasonable fee to 6,936
cover the costs of the offender's participation in the work, 6,937
including, but not limited to, the costs of procuring a policy or 6,938
policies of liability insurance to cover the period during which 6,939
the offender will perform the work. 6,940
A court may permit an offender convicted of a felony to 6,942
satisfy the payment of a fine imposed for the offense pursuant to 6,943
section 2929.18 of the Revised Code by performing supervised 6,944
community service work as described in this division if the court 6,946
determines that the offender is financially unable to pay the 6,947
fine.
The supervised community service work that may be imposed 6,949
under this division shall be subject to the limitations specified 6,950
in divisions (F)(1)(a) to (d) of this section, except that the 6,951
court is not required to obtain the agreement of the offender to 6,952
impose supervised community work as a sanction. Additionally, 6,953
the total of any period of supervised community service work 6,954
imposed on an offender under this division plus the period of all 6,955
other sanctions imposed pursuant to sections 2929.15, 2929.16, 6,956
2929.17, and 2929.18 of the Revised Code shall not exceed five
164
years.
(G)(1) When an offender is convicted of a violation of 6,958
section 4511.19 of the Revised Code, a municipal ordinance 6,959
relating to operating a vehicle while under the influence of 6,960
alcohol, a drug of abuse, or alcohol and a drug of abuse, or a 6,961
municipal ordinance relating to operating a vehicle with a 6,962
prohibited concentration of alcohol in the blood, breath, or 6,963
urine or of a misdemeanor violation of section 2903.07 of the 6,964
Revised Code or an equivalent violation of a municipal ordinance 6,966
that is substantially similar to section 2903.07 of the Revised 6,968
Code and that provides for that type of finding by a jury or 6,969
judge in a case in which the jury or judge found that the 6,970
offender was under the influence of alcohol at the time of the 6,971
commission of the offense, the court may require, as a condition 6,972
of probation in addition to the required conditions of probation 6,973
and the discretionary conditions of probation that may be imposed 6,974
pursuant to division (C) of this section, any suspension or 6,975
revocation of a driver's or commercial driver's license or permit 6,976
or nonresident operating privilege, and all other penalties 6,977
provided by law or by ordinance, that the offender operate only a 6,978
motor vehicle equipped with an ignition interlock device that is 6,979
certified pursuant to section 4511.83 of the Revised Code. 6,980
(2) When a court requires an offender, as a condition of 6,982
probation pursuant to division (G)(1) of this section, to operate 6,983
only a motor vehicle equipped with an ignition interlock device 6,984
that is certified pursuant to section 4511.83 of the Revised 6,985
Code, the offender immediately shall surrender the offender's 6,986
driver's or commercial driver's license or permit to the court. 6,987
Upon the receipt of the offender's license or permit, the court 6,988
shall issue an order authorizing the offender to operate a motor 6,989
vehicle equipped with a certified ignition interlock device, 6,990
deliver the offender's license or permit to the bureau of motor 6,991
vehicles, and include in the abstract of the case forwarded to 6,992
the bureau pursuant to section 4507.021 of the Revised Code the 6,993
165
conditions of probation imposed pursuant to division (G)(1) of 6,994
this section. The court shall give the offender a copy of its 6,995
order, and that copy shall be used by the offender in lieu of a 6,996
driver's or commercial driver's license or permit until the 6,997
bureau issues a restricted license to the offender. 6,998
(3) Upon receipt of an offender's driver's or commercial 7,000
driver's license or permit pursuant to division (G)(2) of this 7,001
section, the bureau of motor vehicles shall issue a restricted 7,002
license to the offender. The restricted license shall be 7,003
identical to the surrendered license, except that it shall have 7,004
printed on its face a statement that the offender is prohibited 7,005
from operating a motor vehicle that is not equipped with an 7,006
ignition interlock device that is certified pursuant to section 7,007
4511.83 of the Revised Code. The bureau shall deliver the 7,008
offender's surrendered license or permit to the court upon 7,009
receipt of a court order requiring it to do so, or reissue the 7,010
offender's license or permit under section 4507.54 of the Revised 7,011
Code if the registrar destroyed the offender's license or permit 7,012
under that section. The offender shall surrender the restricted 7,013
license to the court upon receipt of the offender's surrendered 7,014
license or permit. 7,015
(4) If an offender violates a requirement of the court 7,017
imposed under division (G)(1) of this section, the offender's 7,018
driver's or commercial driver's license or permit or nonresident 7,019
operating privilege may be suspended as provided in section 7,020
4507.16 of the Revised Code. 7,021
(5) As used in this division, "ignition interlock device" 7,023
has the same meaning as in section 4511.83 of the Revised Code. 7,024
Sec. 3101.01. Male persons of the age of eighteen years, 7,034
and female persons of the age of sixteen years, not nearer of kin 7,035
than second cousins, and not having a husband or wife living, may 7,036
be joined in marriage. A minor must first obtain the consent of 7,037
his THE MINOR'S parents, surviving parent, parent who is 7,038
designated the residential parent and legal custodian of the 7,040
166
child by a court of competent jurisdiction, the guardian of his 7,041
person GUARDIAN, or any one of the following who has been awarded 7,043
permanent custody of him THE MINOR by a court exercising juvenile 7,045
jurisdiction:
(A) An adult person; 7,047
(B) The department of human services or any child welfare 7,049
organization certified by such department; 7,050
(C) A county department of human services or a county 7,052
PUBLIC children services board AGENCY. 7,053
A minor shall not be required to obtain the consent of a 7,055
parent who resides in a foreign country, has neglected or 7,056
abandoned such minor for a period of one year or longer 7,057
immediately preceding his THE application for a marriage license, 7,059
has been adjudged incompetent, is an inmate of a state mental or 7,060
correctional institution, has been permanently deprived of his 7,061
parental rights and responsibilities for the care of the child 7,062
and the right to have the child live with him THE PARENT and to 7,063
be the legal custodian of the child by a court exercising 7,065
juvenile jurisdiction, or has been deprived of his parental 7,066
rights and responsibilities for the care of the child and the 7,067
right to have the child live with him THE PARENT and to be the 7,068
legal custodian of the child by the appointment of a guardian of 7,070
the person of the minor by the probate court or by any other 7,071
court of competent jurisdiction. 7,072
Sec. 3107.01. As used in sections 3107.01 to 3107.19 of 7,081
the Revised Code:
(A) "Agency" means any public or private organization 7,083
certified, licensed, or otherwise specially empowered by law or 7,084
rule to place minors for adoption. 7,085
(B) "Attorney" means a person who has been admitted to the 7,087
bar by order of the Ohio supreme court. 7,088
(C) "Child" means a son or daughter, whether by birth or 7,090
by adoption. 7,091
(D) "Court" means the probate courts of this state, and 7,093
167
when the context requires, means the court of any other state 7,095
empowered to grant petitions for adoption. 7,096
(E) "Identifying information" means any of the following 7,099
with regard to a person: first name, last name, maiden name, 7,100
alias, social security number, address, telephone number, place 7,101
of employment, number used to identify the person for the purpose 7,102
of the statewide education management information system
established pursuant to section 3301.0714 of the Revised Code, 7,103
and any other number federal or state law requires or permits to 7,104
be used to identify the person.
(F) "Minor" means a person under the age of eighteen 7,106
years. 7,107
(G) "Private child placing agency," "private noncustodial 7,110
agency," and "public children services agency" have the same
meanings as in section 2151.011 of the Revised Code. 7,111
(H) "Putative father" means a man, including one under age 7,114
eighteen, who may be a child's father and to whom all of the 7,115
following apply:
(1) He is not married to the child's mother at the time of 7,117
the child's conception or birth; 7,118
(2) He has not adopted the child; 7,120
(3) He has not been determined, prior to the date a 7,122
petition to adopt the child is filed, to have a parent and child 7,123
relationship with the child by a court proceeding pursuant to 7,124
sections 3111.01 to 3111.19 of the Revised Code, a court 7,125
proceeding in another state, an administrative agency proceeding 7,126
pursuant to sections 3111.20 to 3111.29 of the Revised Code, or 7,128
an administrative agency proceeding in another state;
(4) He has not acknowledged paternity of the child 7,130
pursuant to section 2105.18 of the Revised Code. 7,131
Sec. 3109.051. (A) If a divorce, dissolution, legal 7,141
separation, or annulment proceeding involves a child and if the 7,142
court has not issued a shared parenting decree, the court shall 7,143
consider any mediation report filed pursuant to section 3109.052 7,144
168
of the Revised Code and, in accordance with division (C) of this 7,145
section, shall make a just and reasonable order or decree 7,146
permitting each parent who is not the residential parent to visit 7,147
the child at the time and under the conditions that the court 7,148
directs, unless the court determines that it would not be in the 7,149
best interest of the child to permit that parent to visit the 7,150
child and includes in the journal its findings of fact and 7,151
conclusions of law. Whenever possible, the order or decree 7,152
permitting the visitation shall ensure the opportunity for both 7,153
parents to have frequent and continuing contact with the child, 7,154
unless frequent and continuing contact by either parent with the 7,155
child would not be in the best interest of the child. The court 7,156
shall include in its final decree a specific schedule of 7,157
visitation for that parent. Except as provided in division 7,158
(E)(6) of section 3113.31 of the Revised Code, if the court, 7,159
pursuant to this section, grants any person companionship or 7,160
visitation rights with respect to any child, it shall not require 7,161
the public children services agency to provide supervision of or 7,162
other services related to that person's exercise of companionship
or visitation rights with respect to the child. This section 7,163
does not limit the power of a juvenile court pursuant to Chapter 7,164
2151. of the Revised Code to issue orders with respect to 7,165
children who are alleged to be abused, neglected, or dependent 7,166
children or to make dispositions of children who are adjudicated 7,167
abused, neglected, or dependent children or of a common pleas 7,168
court to issue orders pursuant to section 3113.31 of the Revised 7,169
Code.
(B)(1) In a divorce, dissolution of marriage, legal 7,171
separation, annulment, or child support proceeding that involves 7,172
a child, the court may grant reasonable companionship or 7,173
visitation rights to any grandparent, any person related to the 7,174
child by consanguinity or affinity, or any other person other 7,175
than a parent, if all of the following apply: 7,176
(a) The grandparent, relative, or other person files a 7,178
169
motion with the court seeking companionship or visitation rights. 7,179
(b) The court determines that the grandparent, relative, 7,181
or other person has an interest in the welfare of the child. 7,182
(c) The court determines that the granting of the 7,184
companionship or visitation rights is in the best interest of the 7,185
child. 7,186
(2) A motion may be filed under division (B)(1) of this 7,188
section during the pendency of the divorce, dissolution of 7,189
marriage, legal separation, annulment, or child support 7,190
proceeding or, if a motion was not filed at that time or was 7,191
filed at that time and the circumstances in the case have 7,192
changed, at any time after a decree or final order is issued in 7,193
the case. 7,194
(C) When determining whether to grant companionship or 7,196
visitation rights to a parent, grandparent, relative, or other 7,197
person pursuant to this section or section 3109.11 or 3109.12 of 7,198
the Revised Code, when establishing a specific visitation 7,199
schedule, and when determining other visitation matters under 7,200
this section or section 3109.11 or 3109.12 of the Revised Code, 7,201
the court shall consider any mediation report that is filed 7,202
pursuant to section 3109.052 of the Revised Code and shall 7,203
consider all other relevant factors, including, but not limited 7,204
to, all of the factors listed in division (D) of this section. In 7,206
considering the factors listed in division (D) of this section
for purposes of determining whether to grant visitation rights, 7,207
establishing a specific visitation schedule, determining other 7,208
visitation matters under this section or under section 3109.11 or 7,209
3109.12 of the Revised Code, and resolving any issues related to 7,210
the making of any determination with respect to visitation rights 7,211
or the establishment of any specific visitation schedule, the 7,212
court, in its discretion, may interview in chambers any or all 7,213
involved children regarding their wishes and concerns. If the 7,214
court interviews any child concerning the child's wishes and 7,215
concerns regarding those visitation matters, the interview shall 7,216
170
be conducted in chambers, and no person other than the child, the 7,217
child's attorney, the judge, any necessary court personnel, and, 7,218
in the judge's discretion, the attorney of each parent shall be 7,219
permitted to be present in the chambers during the interview. No 7,220
person shall obtain or attempt to obtain from a child a written 7,221
or recorded statement or affidavit setting forth the wishes and 7,222
concerns of the child regarding those visitation matters. A 7,223
court, in considering the factors listed in division (D) of this 7,224
section for purposes of determining whether to grant any 7,225
visitation rights, establishing a visitation schedule, 7,226
determining other visitation matters under this section or under 7,227
section 3109.11 or 3109.12 of the Revised Code, or resolving any 7,228
issues related to the making of any determination with respect to 7,229
visitation rights or the establishment of any specific visitation 7,230
schedule, shall not accept or consider a written or recorded 7,231
statement or affidavit that purports to set forth the child's 7,232
wishes or concerns regarding those visitation matters. 7,233
(D) In determining whether to grant companionship or 7,235
visitation rights to a parent, grandparent, relative, or other 7,236
person pursuant to this section or section 3109.11 or 3109.12 of 7,237
the Revised Code, in establishing a specific visitation schedule, 7,238
and in determining other visitation matters under this section or 7,239
section 3109.11 or 3109.12 of the Revised Code, the court shall 7,240
consider all of the following factors: 7,241
(1) The prior interaction and interrelationships of the 7,243
child with the child's parents, siblings, and other persons 7,244
related by consanguinity or affinity, and with the person who 7,245
requested companionship or visitation if that person is not a 7,246
parent, sibling, or relative of the child; 7,247
(2) The geographical location of the residence of each 7,249
parent and the distance between those residences, and if the 7,250
person who requested companionship or visitation is not a parent, 7,251
the geographical location of that person's residence and the 7,252
distance between that person's residence and the child's 7,253
171
residence; 7,254
(3) The child's and parents' available time, including, 7,256
but not limited to, each parent's employment schedule, the 7,257
child's school schedule, and the child's and the parents' holiday 7,258
and vacation schedule; 7,259
(4) The age of the child; 7,261
(5) The child's adjustment to home, school, and community; 7,264
(6) If the court has interviewed the child in chambers, 7,266
pursuant to division (C) of this section, regarding the wishes 7,267
and concerns of the child as to visitation by the parent who is 7,268
not the residential parent or companionship or visitation by the 7,269
grandparent, relative, or other person who requested the 7,270
companionship or visitation, as to a specific visitation 7,271
schedule, or as to other visitation matters, the wishes and 7,272
concerns of the child, as expressed to the court; 7,273
(7) The health and safety of the child; 7,275
(8) The amount of time that will be available for the 7,277
child to spend with siblings; 7,278
(9) The mental and physical health of all parties; 7,280
(10) Each parent's willingness to reschedule missed 7,282
visitation and to facilitate the other parent's visitation 7,283
rights, and if the person who requested companionship or 7,284
visitation is not a parent, the willingness of that person to 7,285
reschedule missed visitation; 7,286
(11) In relation to visitation by a parent, whether either 7,288
parent previously has been convicted of or pleaded guilty to any 7,289
criminal offense involving any act that resulted in a child being 7,290
an abused child or a neglected child; whether either parent, in a 7,291
case in which a child has been adjudicated an abused child or a 7,292
neglected child, previously has been determined to be the 7,293
perpetrator of the abusive or neglectful act that is the basis of 7,294
the adjudication; and whether there is reason to believe that 7,295
either parent has acted in a manner resulting in a child being an 7,296
abused child or a neglected child; 7,297
172
(12) In relation to requested companionship or visitation 7,299
by a person other than a parent, whether the person previously 7,300
has been convicted of or pleaded guilty to any criminal offense 7,301
involving any act that resulted in a child being an abused child 7,302
or a neglected child; whether the person, in a case in which a 7,303
child has been adjudicated an abused child or a neglected child, 7,304
previously has been determined to be the perpetrator of the 7,305
abusive or neglectful act that is the basis of the adjudication; 7,306
whether either parent previously has been convicted of or pleaded 7,307
guilty to a violation of section 2919.25 of the Revised Code 7,308
involving a victim who at the time of the commission of the 7,309
offense was a member of the family or household that is the 7,310
subject of the current proceeding; whether either parent 7,311
previously has been convicted of an offense involving a victim 7,312
who at the time of the commission of the offense was a member of 7,313
the family or household that is the subject of the current 7,314
proceeding and caused physical harm to the victim in the 7,315
commission of the offense; and whether there is reason to believe 7,316
that the person has acted in a manner resulting in a child being 7,317
an abused child or a neglected child; 7,318
(13) Whether the residential parent or one of the parents 7,320
subject to a shared parenting decree has continuously and 7,321
willfully denied the other parent his or her PARENT'S right to 7,322
visitation in accordance with an order of the court; 7,324
(14) Whether either parent has established a residence or 7,326
is planning to establish a residence outside this state; 7,327
(15) Any other factor in the best interest of the child. 7,329
(E) The remarriage of a residential parent of a child does 7,331
not affect the authority of a court under this section to grant 7,332
visitation rights with respect to the child to the parent who is 7,333
not the residential parent or to grant reasonable companionship 7,334
or visitation rights with respect to the child to any 7,335
grandparent, any person related by consanguinity or affinity, or 7,336
any other person. 7,337
173
(F)(1) If the court, pursuant to division (A) of this 7,339
section, denies visitation to a parent who is not the residential 7,340
parent or denies a motion for reasonable companionship or 7,341
visitation rights filed under division (B) of this section and 7,342
the parent or movant files a written request for findings of fact 7,343
and conclusions of law, the court shall state in writing its 7,344
findings of fact and conclusions of law in accordance with Civil 7,345
Rule 52. 7,346
(2) On or before July 1, 1991, each court of common pleas, 7,348
by rule, shall adopt standard visitation guidelines. A court 7,349
shall have discretion to deviate from its standard visitation 7,350
guidelines based upon factors set forth in division (D) of this 7,351
section. 7,352
(G)(1) If the residential parent intends to move to a 7,354
residence other than the residence specified in the visitation 7,355
order or decree of the court, the parent shall file a notice of 7,356
intent to relocate with the court that issued the order or 7,357
decree. Except as provided in divisions (G)(2), (3), and (4) of 7,358
this section, the court shall send a copy of the notice to the 7,359
parent who is not the residential parent. Upon receipt of the 7,360
notice, the court, on its own motion or the motion of the parent 7,361
who is not the residential parent, may schedule a hearing with 7,362
notice to both parents to determine whether it is in the best 7,363
interest of the child to revise the visitation schedule for the 7,364
child. 7,365
(2) When a court grants visitation or companionship rights 7,367
to a parent who is not the residential parent, the court shall 7,368
determine whether that parent has been convicted of or pleaded 7,369
guilty to a violation of section 2919.25 of the Revised Code 7,370
involving a victim who at the time of the commission of the 7,371
offense was a member of the family or household that is the 7,372
subject of the proceeding, has been convicted of or pleaded 7,373
guilty to any other offense involving a victim who at the time of 7,374
the commission of the offense was a member of the family or 7,375
174
household that is the subject of the proceeding and caused 7,376
physical harm to the victim in the commission of the offense, or 7,377
has been determined to be the perpetrator of the abusive act that 7,378
is the basis of an adjudication that a child is an abused child. 7,379
If the court determines that that parent has not been so 7,380
convicted and has not been determined to be the perpetrator of an 7,381
abusive act that is the basis of a child abuse adjudication, the 7,382
court shall issue an order stating that a copy of any notice of 7,383
relocation that is filed with the court pursuant to division 7,384
(G)(1) of this section will be sent to the parent who is given 7,385
the visitation or companionship rights in accordance with 7,386
division (G)(1) of this section. 7,387
If the court determines that the parent who is granted the 7,389
visitation or companionship rights has been convicted of or 7,390
pleaded guilty to a violation of section 2919.25 of the Revised 7,391
Code involving a victim who at the time of the commission of the 7,392
offense was a member of the family or household that is the 7,393
subject of the proceeding, has been convicted of or pleaded 7,394
guilty to any other offense involving a victim who at the time of 7,395
the commission of the offense was a member of the family or 7,396
household that is the subject of the proceeding and caused 7,397
physical harm to the victim in the commission of the offense, or 7,398
has been determined to be the perpetrator of the abusive act that 7,399
is the basis of an adjudication that a child is an abused child, 7,400
it shall issue an order stating that that parent will not be 7,401
given a copy of any notice of relocation that is filed with the 7,402
court pursuant to division (G)(1) of this section unless the 7,403
court determines that it is in the best interest of the children 7,404
to give that parent a copy of the notice of relocation, issues an 7,405
order stating that that parent will be given a copy of any notice 7,406
of relocation filed pursuant to division (G)(1) of this section, 7,407
and issues specific written findings of fact in support of its 7,408
determination. 7,409
(3) If a court, prior to April 11, 1991, issued an order 7,411
175
granting visitation or companionship rights to a parent who is 7,412
not the residential parent and did not require the residential 7,413
parent in that order to give the parent who is granted the 7,414
visitation or companionship rights notice of any change of 7,415
address and if the residential parent files a notice of 7,416
relocation pursuant to division (G)(1) of this section, the court 7,417
shall determine if the parent who is granted the visitation or 7,418
companionship rights has been convicted of or pleaded guilty to a 7,419
violation of section 2919.25 of the Revised Code involving a 7,420
victim who at the time of the commission of the offense was a 7,421
member of the family or household that is the subject of the 7,422
proceeding, has been convicted of or pleaded guilty to any other 7,423
offense involving a victim who at the time of the commission of 7,424
the offense was a member of the family or household that is the 7,425
subject of the proceeding and caused physical harm to the victim 7,426
in the commission of the offense, or has been determined to be 7,427
the perpetrator of the abusive act that is the basis of an 7,428
adjudication that a child is an abused child. If the court 7,429
determines that the parent who is granted the visitation or 7,430
companionship rights has not been so convicted and has not been 7,431
determined to be the perpetrator of an abusive act that is the 7,432
basis of a child abuse adjudication, the court shall issue an 7,433
order stating that a copy of any notice of relocation that is 7,434
filed with the court pursuant to division (G)(1) of this section 7,435
will be sent to the parent who is granted visitation or 7,436
companionship rights in accordance with division (G)(1) of this 7,437
section. 7,438
If the court determines that the parent who is granted the 7,440
visitation or companionship rights has been convicted of or 7,441
pleaded guilty to a violation of section 2919.25 of the Revised 7,442
Code involving a victim who at the time of the commission of the 7,443
offense was a member of the family or household that is the 7,444
subject of the proceeding, has been convicted of or pleaded 7,445
guilty to any other offense involving a victim who at the time of 7,446
176
the commission of the offense was a member of the family or 7,447
household that is the subject of the proceeding and caused 7,448
physical harm to the victim in the commission of the offense, or 7,449
has been determined to be the perpetrator of the abusive act that 7,450
is the basis of an adjudication that a child is an abused child, 7,451
it shall issue an order stating that that parent will not be 7,452
given a copy of any notice of relocation that is filed with the 7,453
court pursuant to division (G)(1) of this section unless the 7,454
court determines that it is in the best interest of the children 7,455
to give that parent a copy of the notice of relocation, issues an 7,456
order stating that that parent will be given a copy of any notice 7,457
of relocation filed pursuant to division (G)(1) of this section, 7,458
and issues specific written findings of fact in support of its 7,459
determination. 7,460
(4) If a parent who is granted visitation or companionship 7,462
rights pursuant to this section or any other section of the 7,463
Revised Code is authorized by an order issued pursuant to this 7,464
section or any other court order to receive a copy of any notice 7,465
of relocation that is filed pursuant to division (G)(1) of this 7,466
section or pursuant to court order, if the residential parent 7,467
intends to move to a residence other than the residence address 7,468
specified in the visitation or companionship order, and if the 7,469
residential parent does not want the parent who is granted the 7,470
visitation or companionship rights to receive a copy of the 7,471
relocation notice because he THE PARENT WITH VISITATION OR 7,472
COMPANIONSHIP RIGHTS has been convicted of or pleaded guilty to a 7,475
violation of section 2919.25 of the Revised Code involving a 7,476
victim who at the time of the commission of the offense was a 7,477
member of the family or household that is the subject of the 7,478
proceeding, has been convicted of or pleaded guilty to any other 7,479
offense involving a victim who at the time of the commission of 7,480
the offense was a member of the family or household that is the 7,481
subject of the proceeding and caused physical harm to the victim 7,482
in the commission of the offense, or has been determined to be 7,483
177
the perpetrator of the abusive act that is the basis of an 7,484
adjudication that a child is an abused child, the residential 7,485
parent may file a motion with the court requesting that the 7,486
parent who is granted the visitation or companionship rights not 7,487
receive a copy of any notice of relocation. Upon the filing of 7,488
the motion, the court shall schedule a hearing on the motion and 7,489
give both parents notice of the date, time, and location of the 7,490
hearing. If the court determines that the parent who is granted 7,491
the visitation or companionship rights has been so convicted or 7,492
has been determined to be the perpetrator of an abusive act that 7,493
is the basis of a child abuse adjudication, the court shall issue 7,494
an order stating that the parent who is granted the visitation or 7,495
companionship rights will not be given a copy of any notice of 7,496
relocation that is filed with the court pursuant to division 7,497
(G)(1) of this section or that the residential parent is no 7,498
longer required to give that parent a copy of any notice of 7,499
relocation unless the court determines that it is in the best 7,500
interest of the children to give that parent a copy of the notice 7,501
of relocation, issues an order stating that that parent will be 7,502
given a copy of any notice of relocation filed pursuant to 7,503
division (G)(1) of this section, and issues specific written 7,504
findings of fact in support of its determination. If it does not 7,505
so find, it shall dismiss the motion. 7,506
(H)(1) Subject to division (G)(F)(2) of section 2301.35 7,509
and division (F) of section 3319.321 of the Revised Code, a 7,510
parent of a child who is not the residential parent of the child 7,511
is entitled to access, under the same terms and conditions under 7,512
which access is provided to the residential parent, to any record 7,513
that is related to the child and to which the residential parent 7,514
of the child legally is provided access, unless the court 7,515
determines that it would not be in the best interest of the child 7,516
for the parent who is not the residential parent to have access 7,517
to the records under those same terms and conditions. If the 7,518
court determines that the parent of a child who is not the 7,519
178
residential parent should not have access to records related to 7,520
the child under the same terms and conditions as provided for the 7,521
residential parent, the court shall specify the terms and 7,522
conditions under which the parent who is not the residential 7,523
parent is to have access to those records, shall enter its 7,524
written findings of facts and opinion in the journal, and shall 7,525
issue an order containing the terms and conditions to both the 7,526
residential parent and the parent of the child who is not the 7,527
residential parent. The court shall include in every order 7,528
issued pursuant to this division notice that any keeper of a 7,529
record who knowingly fails to comply with the order or division 7,530
(H) of this section is in contempt of court. 7,531
(2) Subject to division (G)(F)(2) of section 2301.35 and 7,534
division (F) of section 3319.321 of the Revised Code, subsequent 7,535
to the issuance of an order under division (H)(1) of this 7,536
section, the keeper of any record that is related to a particular 7,537
child and to which the residential parent legally is provided 7,538
access shall permit the parent of the child who is not the 7,539
residential parent to have access to the record under the same 7,540
terms and conditions under which access is provided to the 7,541
residential parent, unless the residential parent has presented 7,542
the keeper of the record with a copy of an order issued under 7,543
division (H)(1) of this section that limits the terms and 7,544
conditions under which the parent who is not the residential 7,545
parent is to have access to records pertaining to the child and 7,546
the order pertains to the record in question. If the residential 7,547
parent presents the keeper of the record with a copy of that type 7,548
of order, the keeper of the record shall permit the parent who is 7,549
not the residential parent to have access to the record only in 7,550
accordance with the most recent order that has been issued 7,551
pursuant to division (H)(1) of this section and presented to the 7,552
keeper by the residential parent or the parent who is not the 7,553
residential parent. Any keeper of any record who knowingly fails 7,554
to comply with division (H) of this section or with any order 7,555
179
issued pursuant to division (H)(1) of this section is in contempt 7,556
of court. 7,557
(3) The prosecuting attorney of any county may file a 7,559
complaint with the court of common pleas of that county 7,560
requesting the court to issue a protective order preventing the 7,561
disclosure pursuant to division (H)(1) or (2) of this section of 7,562
any confidential law enforcement investigatory record. The court 7,563
shall schedule a hearing on the motion and give notice of the 7,564
date, time, and location of the hearing to all parties. 7,565
(I) A court that issues a visitation order or decree 7,567
pursuant to this section, section 3109.11 or 3109.12 of the 7,568
Revised Code, or any other provision of the Revised Code shall 7,569
determine whether the parent granted the right of visitation is 7,570
to be permitted access, in accordance with section 5104.011 of 7,571
the Revised Code, to any child day-care center that is, or that 7,572
in the future may be, attended by the children with whom the 7,573
right of visitation is granted. Unless the court determines that 7,574
the parent who is not the residential parent should not have 7,575
access to the center to the same extent that the residential 7,576
parent is granted access to the center, the parent who is not the 7,577
residential parent and who is granted visitation or companionship 7,578
rights is entitled to access to the center to the same extent 7,579
that the residential parent is granted access to the center. If 7,580
the court determines that the parent who is not the residential 7,581
parent should not have access to the center to the same extent 7,582
that the residential parent is granted such access under division 7,583
(C) of section 5104.011 of the Revised Code, the court shall 7,584
specify the terms and conditions under which the parent who is 7,585
not the residential parent is to have access to the center, 7,586
provided that the access shall not be greater than the access 7,587
that is provided to the residential parent under division (C) of 7,588
section 5104.011 of the Revised Code, the court shall enter its 7,589
written findings of fact and opinions in the journal, and the 7,590
court shall include the terms and conditions of access in the 7,591
180
visitation order or decree. 7,592
(J)(1) Subject to division (F) of section 3319.321 of the 7,594
Revised Code, when a court issues an order or decree allocating 7,595
parental rights and responsibilities for the care of a child, the 7,596
parent of the child who is not the residential parent of the 7,597
child is entitled to access, under the same terms and conditions 7,598
under which access is provided to the residential parent, to any 7,599
student activity that is related to the child and to which the 7,600
residential parent of the child legally is provided access, 7,601
unless the court determines that it would not be in the best 7,602
interest of the child to grant the parent who is not the 7,603
residential parent access to the student activities under those 7,604
same terms and conditions. If the court determines that the 7,605
parent of the child who is not the residential parent should not 7,606
have access to any student activity that is related to the child 7,607
under the same terms and conditions as provided for the 7,608
residential parent, the court shall specify the terms and 7,609
conditions under which the parent who is not the residential 7,610
parent is to have access to those student activities, shall enter 7,611
its written findings of facts and opinion in the journal, and 7,612
shall issue an order containing the terms and conditions to both 7,613
the residential parent and the parent of the child who is not the 7,614
residential parent. The court shall include in every order 7,615
issued pursuant to this division notice that any school official 7,616
or employee who knowingly fails to comply with the order or 7,617
division (J) of this section is in contempt of court. 7,618
(2) Subject to division (F) of section 3319.321 of the 7,620
Revised Code, subsequent to the issuance of an order under 7,621
division (J)(1) of this section, all school officials and 7,622
employees shall permit the parent of the child who is not the 7,623
residential parent to have access to any student activity under 7,624
the same terms and conditions under which access is provided to 7,625
the residential parent of the child, unless the residential 7,626
parent has presented the school official or employee, the board 7,627
181
of education of the school, or the governing body of the 7,628
chartered nonpublic school with a copy of an order issued under 7,629
division (J)(1) of this section that limits the terms and 7,630
conditions under which the parent who is not the residential 7,631
parent is to have access to student activities related to the 7,632
child and the order pertains to the student activity in question. 7,633
If the residential parent presents the school official or 7,634
employee, the board of education of the school, or the governing 7,635
body of the chartered nonpublic school with a copy of that type 7,636
of order, the school official or employee shall permit the parent 7,637
who is not the residential parent to have access to the student 7,638
activity only in accordance with the most recent order that has 7,639
been issued pursuant to division (J)(1) of this section and 7,640
presented to the school official or employee, the board of 7,641
education of the school, or the governing body of the chartered 7,642
nonpublic school by the residential parent or the parent who is 7,643
not the residential parent. Any school official or employee who 7,644
knowingly fails to comply with division (J) of this section or 7,645
with any order issued pursuant to division (J)(1) of this section 7,646
is in contempt of court. 7,647
(K) If any person is found in contempt of court for 7,649
failing to comply with or interfering with any order or decree 7,650
granting companionship or visitation rights that is issued 7,651
pursuant to this section, section 3109.11 or 3109.12 of the 7,652
Revised Code, or any other provision of the Revised Code, the 7,653
court that makes the finding, in addition to any other penalty or 7,654
remedy imposed, shall assess all court costs arising out of the 7,655
contempt proceeding against the person and require the person to 7,656
pay any reasonable attorney's fees of any adverse party, as 7,657
determined by the court, that arose in relation to the act of 7,658
contempt, and may award reasonable compensatory visitation to the 7,659
person whose right of visitation was affected by the failure or 7,660
interference if such compensatory visitation is in the best 7,661
interest of the child. Any compensatory visitation awarded under 7,662
182
this division shall be included in an order issued by the court 7,663
and, to the extent possible, shall be governed by the same terms 7,664
and conditions as was the visitation that was affected by the 7,665
failure or interference. 7,666
(L) Any person who requests reasonable companionship or 7,668
visitation rights with respect to a child under this section, 7,669
section 3109.11 or 3109.12 of the Revised Code, or any other 7,670
provision of the Revised Code may file a motion with the court 7,671
requesting that it waive all or any part of the costs that may 7,672
accrue in the proceedings under this section, section 3109.11, or 7,673
section 3109.12 of the Revised Code. If the court determines 7,674
that the movant is indigent and that the waiver is in the best 7,675
interest of the child, the court, in its discretion, may waive 7,676
payment of all or any part of the costs of those proceedings. 7,677
(M) The juvenile court has exclusive jurisdiction to enter 7,679
the orders in any case certified to it from another court. 7,680
(N) As used in this section: 7,682
(1) "Abused child" has the same meaning as in section 7,684
2151.031 of the Revised Code, and "neglected child" has the same 7,685
meaning as in section 2151.03 of the Revised Code. 7,686
(2) "Record" means any record, document, file, or other 7,688
material that contains information directly related to a child, 7,689
including, but not limited to, any of the following: 7,690
(a) Records maintained by public and nonpublic schools; 7,692
(b) Records maintained by facilities that provide child 7,694
day-care, as defined in section 5104.01 of the Revised Code, 7,695
publicly funded child day-care, as defined in section 5104.01 of 7,696
the Revised Code, or pre-school services operated by or under the 7,697
supervision of a school district board of education or a 7,698
nonpublic school; 7,699
(c) Records maintained by hospitals, other facilities, or 7,701
persons providing medical or surgical care or treatment for the 7,702
child; 7,703
(d) Records maintained by agencies, departments, 7,705
183
instrumentalities, or other entities of the state or any 7,706
political subdivision of the state, other than a child support 7,707
enforcement agency. Access to records maintained by a child 7,708
support enforcement agency is governed by division (G)(F)(2) of 7,710
section 2301.35 of the Revised Code. 7,711
(3) "Confidential law enforcement investigatory record" 7,713
has the same meaning as in section 149.43 of the Revised Code. 7,714
Sec. 3111.09. (A) In any action instituted under sections 7,724
3111.01 to 3111.19 of the Revised Code, the court, upon its own 7,725
motion, may order and, upon the motion of any party to the 7,726
action, shall order the child's mother, the child, the alleged 7,727
father, and any other person who is a defendant in the action to 7,728
submit to genetic tests. If genetic tests are ordered upon the 7,729
motion of a party or the court, the court shall order that the 7,730
child's mother, the child, the alleged father, and any other 7,731
defendant submit to genetic testing. Instead of or in addition 7,732
to genetic testing ordered pursuant to this section, the court 7,733
may order the superintendent of the bureau of criminal 7,734
identification and investigation to disclose information 7,735
regarding a DNA record of the child's mother, the child, the 7,736
alleged father, or any other defendant that is stored in the DNA 7,737
database pursuant to section 109.573 of the Revised Code and may
use that information to determine the existence of a parent and 7,738
child relationship between the child and the child's mother, the 7,739
alleged father, or another defendant. If the child support 7,740
enforcement agency is not made a party to the action, the clerk 7,741
of the court shall schedule the genetic testing no later than 7,742
thirty days after the court issues its order. If the agency is 7,743
made a party to the action, the agency shall schedule the genetic 7,744
testing in accordance with the rules adopted by the department of 7,745
human services pursuant to section 2301.35 of the Revised Code. 7,746
If the alleged father of a child brings an action under sections 7,747
3111.01 to 3111.19 of the Revised Code and if the mother of the 7,748
child willfully fails to submit to genetic testing or if the 7,749
184
mother is the custodian of the child and willfully fails to 7,750
submit the child to genetic testing, the court shall issue an 7,751
order determining the existence of a parent and child 7,752
relationship between the father and the child without genetic 7,753
testing. If the mother or other guardian or custodian of the 7,754
child brings an action under sections 3111.01 to 3111.19 of the 7,755
Revised Code and if the alleged father of the child willfully 7,756
fails to submit himself to genetic testing or, if the alleged 7,757
father is the custodian of the child and willfully fails to 7,758
submit the child to genetic testing, the court shall issue an 7,759
order determining the existence of a parent and child 7,760
relationship between the father and the child without genetic 7,761
testing. If a party shows good cause for failing to submit to 7,762
genetic testing or for failing to submit the child to genetic 7,763
testing, the court shall not consider the failure to be willful. 7,764
Any
ANY fees charged for the tests shall be paid by the party 7,767
that requests them, unless the custodian of the child is 7,768
represented by the child support enforcement agency in its role 7,769
as the agency providing enforcement of child support orders under 7,770
Title IV-D of the "Social Security Act," 88 Stat. 2351 (1975), 42 7,771
U.S.C. 651, as amended, the custodian is a recipient of aid to 7,772
dependent children PARTICIPANT IN OHIO WORKS FIRST under Chapter 7,773
5107. of the Revised Code for the benefit of the child, or the 7,776
defendant in the action is found to be indigent, in which case 7,777
the child support enforcement agency shall pay the costs of 7,778
genetic testing. The child support enforcement agency, within 7,779
guidelines contained in that federal law, shall use funds 7,780
received pursuant to Title IV-D of the "Social Security Act," 88 7,781
Stat. 2351 (1975), 42 U.S.C. 651, as amended, to pay the fees 7,782
charged for the tests. If there is a dispute as to who shall pay 7,783
the fees charged for genetic testing, the child support 7,784
enforcement agency shall pay the fees, but neither the court nor 7,785
the agency shall delay genetic testing due to a dispute as to who 7,786
185
shall pay the genetic testing fees. The child support 7,787
enforcement agency or the person who paid the fees charged for 7,788
the genetic testing may seek reimbursement for the genetic 7,789
testing fees from the person against whom the court assesses the 7,790
costs of the action. Any funds used in accordance with this 7,791
division by the child support enforcement agency shall be in 7,792
addition to any other funds that the agency is entitled to
receive as a result of any contractual provision for specific 7,793
funding allocations for the agency between the county, the state, 7,794
and the federal government. 7,795
(B)(1) The genetic tests shall be made by qualified 7,797
examiners who are authorized by the court or the department of 7,798
human services. An examiner conducting a genetic test, upon the 7,799
completion of the test, shall send a complete report of the test 7,800
results to the clerk of the court that ordered the test or, if 7,801
the agency is a party to the action, to the child support 7,802
enforcement agency of the county in which the court that ordered
the test is located. 7,803
(2) If a court orders the superintendent of the bureau of 7,805
criminal identification and investigation to disclose information 7,806
regarding a DNA record stored in the DNA database pursuant to 7,807
section 109.573 of the Revised Code, the superintendent shall 7,808
send the information to the clerk of the court that issued the 7,810
order or, if the agency is a party to the action, to the child 7,811
support enforcement agency of the county in which the court that
issued the order is located. 7,812
(3) The clerk or agency that receives a report or 7,814
information pursuant to division (B)(1) of this section shall 7,815
mail a copy of the report or information to the attorney of 7,816
record for each party or, if a party is not represented by an 7,818
attorney, to the party. The clerk or agency that receives a copy 7,819
of the report or information shall include with the report or 7,820
information sent to an attorney of record of a party or a party a 7,821
notice that the party may object to the admission into evidence
186
of the report or information by filing a written objection as 7,823
described in division (D) of section 3111.12 of the Revised Code 7,824
with the court that ordered the tests or ordered the disclosure
of the information no later than fourteen days after the report 7,826
or information was mailed to the attorney of record or to the 7,827
party. The examiners may be called as witnesses to testify as to 7,829
their findings. Any party may demand that other qualified
examiners perform independent genetic tests under order of the 7,830
court. The number and qualifications of the independent 7,831
examiners shall be determined by the court. 7,832
(C) Nothing in this section prevents any party to the 7,834
action from producing other expert evidence on the issue covered 7,835
by this section, but, if other expert witnesses are called by a 7,836
party to the action, the fees of these expert witnesses shall be 7,837
paid by the party calling the witnesses and only ordinary witness 7,838
fees for these expert witnesses shall be taxed as costs in the 7,839
action. 7,840
(D) If the court finds that the conclusions of all the 7,842
examiners are that the alleged father is not the father of the 7,843
child, the court shall enter judgment that the alleged father is 7,844
not the father of the child. If the examiners disagree in their 7,845
findings or conclusions, the court or jury shall determine the 7,846
father of the child based upon all the evidence. 7,847
(E) As used in sections 3111.01 to 3111.29 of the Revised 7,849
Code:
(1) "Genetic tests" and "genetic testing" mean either of 7,851
the following:
(a) Tissue or blood tests, including tests that identify 7,855
the presence or absence of common blood group antigens, the red 7,856
blood cell antigens, human lymphocyte antigens, serum enzymes, 7,857
serum proteins, or genetic markers; 7,858
(b) Deoxyribonucleic acid typing of blood or buccal cell 7,860
samples.
"Genetic test" and "genetic testing" may include the typing 7,862
187
and comparison of deoxyribonucleic acid derived from the blood of 7,863
one individual and buccal cells of another. 7,864
(2) "DNA record" and "DNA database" have the same meanings 7,867
as in section 109.573 of the Revised Code.
Sec. 3111.20. (A) As used in sections 3111.20 to 3111.29 7,876
of the Revised Code: 7,877
(1) "Child support enforcement agency" has the same 7,879
meaning as in section 3111.21 of the Revised Code. 7,880
(2) "Obligor" means the person required to pay support 7,882
under an administrative support order. 7,883
(3)(2) "Obligee" means the person entitled to receive the 7,885
support payments under an administrative support order. 7,886
(4)(3) "Administrative support order" means an 7,888
administrative order for the payment of support that is issued by 7,890
a child support enforcement agency. 7,891
(5)(4) "Support" means child support. 7,893
(6)(5) "Personal earnings" means compensation paid or 7,895
payable for personal services, however denominated, and includes, 7,897
but is not limited to, wages, salary, commissions, bonuses, draws 7,898
against commissions, profit sharing, and vacation pay. 7,899
(7)(6) "Financial institution" means a bank, savings and 7,901
loan association, or credit union, or a regulated investment 7,903
company or mutual fund in which a person who is required to pay 7,904
support has funds on deposit that are not exempt under the law of 7,905
this state or the United States from execution, attachment, or 7,906
other legal process. 7,907
(8)(7) "Title IV-D case" means any case in which the child 7,909
support enforcement agency is enforcing the support order 7,910
pursuant to Title IV-D of the "Social Security Act," 88 Stat. 7,911
2351 (1975), 42 U.S.C. 651, as amended. 7,912
(B) A man who is presumed to be the natural father of a 7,915
child pursuant to section 3111.03 of the Revised Code assumes the 7,916
parental duty of support with respect to the child. 7,917
(C) Notwithstanding section 3109.01 of the Revised Code, a 7,919
188
parent's duty of support for a child shall continue beyond the 7,920
age of majority as long as the child continuously attends on a 7,921
full-time basis any recognized and accredited high school. The 7,922
parental duty of support shall continue during seasonal 7,923
vacations. 7,924
A parent, guardian, or legal custodian of a child, the 7,926
person with whom the child resides, or the child support 7,927
enforcement agency of the county in which the child, parent, 7,928
guardian, or legal custodian of the child resides may file a 7,930
complaint pursuant to section 2151.231 of the Revised Code in the 7,931
juvenile court of that county requesting the court to order a 7,932
parent who neglects or does not assume the parental duty of 7,933
support to pay an amount for the support of the child, may 7,934
contact a child support enforcement agency for assistance in 7,935
obtaining the order, or may request an administrative officer of 7,936
a child support enforcement agency to issue an administrative 7,937
order for the payment of child support pursuant to division (D) 7,938
of this section. Upon the filing of the complaint or the making 7,939
of the request, the court shall issue an order requiring the 7,940
payment of support for the child, pursuant to section 2151.231 of 7,941
the Revised Code, or the administrative officer, pursuant to 7,942
division (D) of this section, shall issue an order requiring the 7,943
payment of support for the child. 7,944
A party to a request made under this division may raise the 7,946
issue of the existence or nonexistence of a parent-child 7,947
relationship between the presumed natural father and the child. 7,948
If a request is made for an administrative order of support 7,949
pursuant to division (D) of this section and the issue of the 7,950
existence or nonexistence of a parent-child relationship is
raised, the administrative officer shall treat the request as a 7,951
request made pursuant to section 3111.22 of the Revised Code and 7,952
determine the issue pursuant to that section. The administrative 7,953
officer may issue an order pursuant to division (D) of this 7,954
section if the administrative proceeding terminates before a
189
determination of the existence or nonexistence of a parent-child 7,955
relationship is made and the termination is due to the presumed 7,956
natural father's failure to sign an acknowledgment of paternity, 7,957
sign an agreement to be bound by the results of genetic testing, 7,958
or appear at the administrative hearing without showing good
cause for the failure to appear, or the proceedings terminate 7,959
because of the presumed natural father's failure to submit to 7,960
genetic testing or submit the child to genetic testing. An 7,961
administrative order issued pursuant to division (D) of this 7,962
section does not preclude a party from requesting a determination 7,963
of the issue of the existence or nonexistence of a parent-child
relationship pursuant to this chapter if the issue is not 7,964
determined with respect to the party in the proceedings conducted 7,965
pursuant to division (D) of this section. An order issued 7,966
pursuant to division (D) of this section shall remain effective 7,967
until a final and enforceable determination is made pursuant to 7,968
this chapter that a parent-child relationship does not exist 7,969
between the presumed natural father and the child or until the 7,970
occurrence of an event described in division (E)(4)(a) of section 7,971
3111.23 of the Revised Code that requires the order to be 7,972
terminated.
(D) If a request is made pursuant to division (C) of this 7,974
section for an administrative order requiring the payment of 7,975
child support, the administrative officer shall schedule an 7,976
administrative hearing to determine, in accordance with sections 7,977
3111.23 to 3111.29 and 3113.215 of the Revised Code, the amount 7,978
of child support either parent is required to pay and the method 7,979
of paying that child support. The hearing shall be held not 7,980
later than sixty days after the issuance of the administrative 7,981
order nor earlier than thirty days after the officer gives the 7,982
mother and father of the child notice of the action. When an 7,983
administrative officer issues an administrative order for the 7,984
payment of support, all of the following apply: 7,985
(1) An administrative order for the payment of support 7,987
190
ordinarily shall be for periodic payments that may vary in 7,988
amount. In the best interest of the child, the administrative 7,989
officer may order a lump sum payment or the purchase of an 7,990
annuity in lieu of periodic payments of support. 7,991
(2) The administrative order for the payment of support 7,993
shall include a notice stating that the mother or the father may 7,994
object to the administrative order by bringing an action for the 7,995
payment of support under section 2151.321 of the Revised Code in 7,996
the juvenile court of the county in which the child or the 7,997
guardian or legal custodian of the child resides, that the action 7,998
may be brought no later than thirty days after the date of the 7,999
issuance of the administrative order requiring the payment of 8,000
child support, and that, if neither the mother nor the father 8,001
brings an action for the payment of support within that 8,002
thirty-day period, the administrative order requiring the payment 8,003
of support is final and enforceable by a court and may be 8,004
modified and enforced only in accordance with sections 3111.20 to 8,006
3111.28 and 3113.21 to 3113.219 of the Revised Code. 8,007
Sec. 3111.23. (A)(1) If an administrative officer of a 8,016
child support enforcement agency issues an administrative support 8,017
order under section 3111.20, 3111.21, or 3111.22 of the Revised 8,019
Code, the agency shall require the withholding or deduction of an 8,020
amount of the wages or assets of the obligor in accordance with 8,021
division (B) of this section to ensure that withholding or 8,022
deduction from the wages or assets of the obligor is available 8,023
from the commencement of the administrative support order for the 8,024
collection of the support and any arrearages that occur. The 8,025
agency shall determine the specific withholding or deduction 8,026
requirements applicable to the obligor under the administrative 8,027
support order in accordance with division (B) of this section and 8,028
shall include the specific requirements in the notices described 8,029
in divisions (A)(2) and (B) of this section. Any person required 8,030
to comply with the withholding or deduction requirements shall 8,031
determine the manner of withholding or deducting an amount of the 8,032
191
wages or assets of the obligor in accordance with the specific 8,033
requirements included in the notices described in those divisions 8,034
without the need for any amendment to the administrative support 8,035
order. The agency shall include in an administrative support 8,036
order under section 3111.20, 3111.21, or 3111.22 of the Revised 8,037
Code a general provision that states the following: 8,038
"All child support ordered by this administrative support 8,040
order shall be withheld or deducted from the wages or assets of 8,041
the obligor pursuant to a withholding or deduction notice issued 8,043
in accordance with section 3111.23 of the Revised Code and shall 8,044
be forwarded to the obligee in accordance with sections 3111.23 8,045
to 3111.28 of the Revised Code." 8,046
(2) In any action in which support is ordered or modified 8,048
under an administrative support order as described in division 8,049
(A)(1) of this section, the child support enforcement agency 8,050
shall determine in accordance with division (B) of this section 8,051
the types of withholding or deduction requirements that should be 8,052
imposed relative to the obligor under the administrative support 8,053
order to collect the support due under the order. Within fifteen 8,054
days after the obligor under the administrative support order is 8,055
located subsequent to the issuance of the administrative support 8,056
order or within fifteen days after the default under the 8,057
administrative support order, whichever is applicable, the agency 8,058
shall send a notice by regular mail to each person required to 8,059
comply with a withholding or deduction requirement. The notice 8,060
shall specify the withholding or deduction requirement and shall 8,061
contain all of the information set forth in division (B)(1)(b), 8,062
(2)(b), (3)(b), (4)(b), or (5)(b) of this section that is 8,063
applicable to the requirement. The notices, plus the notices 8,064
provided by the child support enforcement agency that require the 8,065
obligor to notify the agency of any change in the obligor's 8,066
employment status or of any other change in the status of the 8,067
obligor's assets, are final and are enforceable by the court. 8,069
The agency shall provide the notice to the obligor in accordance 8,070
192
with division (B)(1)(c), (2)(c), (3)(c), (4)(c), or (5)(c) of 8,071
this section, whichever is applicable, and shall include with 8,072
that notice the additional notices described in the particular 8,073
division that is applicable.
(3)(a) If support is ordered or modified on or after 8,075
December 31, 1993, under an administrative support order issued 8,076
under section 3111.20, 3111.21, or 3111.22 of the Revised Code, 8,078
if the child support enforcement agency has determined in 8,079
accordance with division (A)(2) of this section the types of 8,080
withholding or deduction requirements that should be imposed 8,081
relative to the obligor under the support order to collect the 8,082
support due under the order, if the agency has sent the 8,083
appropriate notices to the persons required to comply with the 8,084
withholding or deduction requirements that the agency determined 8,085
should be imposed, and if the agency is notified or otherwise 8,086
determines that the employment status or other circumstances of 8,087
the obligor have changed, the agency shall conduct an 8,088
investigation to determine whether it is more appropriate to 8,089
impose another type of or an additional withholding or deduction 8,090
requirement regarding the administrative support order and shall 8,091
issue and send by regular mail one or more notices described in 8,092
division (B) of this section that it determines are appropriate. 8,093
The notices shall be sent within fifteen days after the obligor 8,094
under the administrative support order is located or within 8,095
fifteen days after the default under the administrative support 8,096
order, whichever is applicable. The notices shall specify the 8,097
withholding or deduction requirement and shall contain all of the 8,098
information set forth in division (B)(1)(b), (2)(b), (3)(b), 8,099
(4)(b), or (5)(b) of this section that is applicable. The agency 8,100
shall provide the notices to the obligor in accordance with 8,101
division (B)(1)(c), (2)(c), (3)(c), (4)(c), or (5)(c) of this 8,102
section, whichever is applicable, and shall include with that 8,103
notice the additional notices described in the particular 8,104
division that is applicable. The notices are final and are 8,105
193
enforceable by the court. 8,106
If the child support enforcement agency previously has 8,108
issued one or more notices containing one or more of the 8,109
requirements described in division (B) of this section and the 8,110
agency determines that any of the requirements no longer are 8,111
appropriate due to the change in the employment status or other 8,112
circumstances of the obligor, the agency immediately shall cancel 8,113
any previously issued notice that no longer is appropriate, shall 8,114
send written notice of the cancellation by regular mail to the 8,115
person who was required to comply with the withholding or 8,116
deduction requirement contained in the canceled notice, and shall 8,117
issue one or more new notices containing one or more requirements 8,118
described in division (B) of this section that it determines are 8,119
appropriate. The notices shall be sent within fifteen days after 8,120
the obligor under the administrative support order is located or 8,121
within fifteen days after the default under the administrative 8,122
support order, whichever is applicable. 8,123
(b) If support has been ordered prior to December 31, 8,125
1993, under an administrative support order issued under section 8,126
3111.20, 3111.21, or 3111.22 of the Revised Code, if the 8,127
administrative support order has not been modified on or after 8,129
December 31, 1993, if the administrative support order includes a 8,130
provision that is substantively comparable to the general 8,131
provision described in division (A)(1) of this section that must 8,132
be included in all administrative support orders issued or 8,133
modified on or after December 31, 1993, and if the child support 8,134
enforcement agency is notified or otherwise determines that the 8,135
employment status or other circumstances of the obligor under the 8,136
support order have changed so that it is appropriate to impose a 8,137
withholding or deduction requirement as described in division (B) 8,138
of this section to collect the support due under the order, the 8,139
agency shall comply with division (A)(3)(a) of this section as if 8,140
the administrative support order had been issued or modified on 8,141
or after December 31, 1993, and as if it included the general 8,142
194
provision described in division (A)(1) of that section that must 8,143
be included in all administrative support orders issued or 8,144
modified on or after that date. The notices issued under this 8,145
division are final and are enforceable by the court. 8,146
(c) If support has been ordered prior to December 31, 8,148
1993, under an administrative support order issued under section 8,149
3111.20, 3111.21, or 3111.22 of the Revised Code, if the 8,150
administrative support order has not been modified on or after 8,152
December 31, 1993, if the administrative support order does not 8,153
include a provision that is substantively comparable to the 8,154
general provision described in division (A)(1) of this section 8,155
that must be included in all administrative support orders issued 8,156
or modified on or after December 31, 1993, and if the child 8,157
support enforcement agency is notified or otherwise determines 8,158
that the employment status or other circumstances of the obligor 8,159
under the support order have changed so that it is appropriate to 8,160
impose a withholding or deduction requirement as described in 8,161
division (B) of this section to collect the support due under the 8,162
order, the agency may reissue the administrative support order in 8,163
question to be identical to the administrative support order 8,164
except for a general provision, as described in division (A)(1) 8,165
of this section, requiring the withholding or deduction of wages 8,166
or assets of the obligor in accordance with division (B) of this 8,167
section to ensure that withholding or deduction from the wages or 8,168
assets is available for the collection of current support and any 8,169
arrearages that occur. Except for the inclusion of the general 8,170
provision, the provisions of a reissued administrative support 8,171
order under this division shall be identical to those of the 8,172
administrative support order in question, and the child support 8,173
enforcement agency shall issue one or more notices requiring 8,174
withholding or deduction of wages or assets of the obligor in 8,175
accordance with divisions (A)(2) and (B) of this section. 8,176
Thereafter, division (A)(3)(a) of this section applies to the 8,177
issuance of notices under those divisions with respect to that 8,178
195
administrative support order. The notices issued under this 8,180
division are final and are enforceable by the court. The general 8,181
provision for the withholding or deduction of wages or assets to 8,182
be included in the reissued administrative support order 8,183
specifically shall include the statement set forth in division 8,184
(A)(1) of this section. 8,185
(4) If, pursuant to division (A)(2) or (A)(3)(a), (b), or 8,187
(c) of this section, a person is sent a notice described in 8,188
division (B) of this section requiring a withholding or deduction 8,189
requirement and the person fails to comply with the notice, the 8,190
child support enforcement agency, in accordance with section 8,191
3111.28 of the Revised Code, shall request the court to find the 8,192
person in contempt pursuant to section 2705.02 of the Revised 8,193
Code.
(5) The department of human services shall adopt standard 8,195
forms for the support withholding and deduction notices 8,196
prescribed by divisions (A)(1) to (3) and (B) of this section. 8,197
All child support enforcement agencies shall use the forms in 8,198
complying with this section. 8,199
(B) If a child support enforcement agency is required by 8,201
division (A) of this section to issue one or more withholding or 8,202
deduction notices described in this division, the agency shall 8,203
issue one or more of the following types of notices to pay the 8,204
support required under the administrative support order in 8,205
question and to pay any arrearages: 8,206
(1)(a) If the child support enforcement agency determines 8,208
that the obligor is employed, the agency shall require the 8,209
obligor's employer to withhold from the obligor's personal 8,210
earnings a specified amount for support in satisfaction of the 8,211
administrative support order, to begin the withholding no later 8,212
than the first pay period that occurs after fourteen working days 8,213
following the date the notice was mailed to the employer under 8,214
divisions (A)(2) or (3) and (B)(1)(b) of this section, to send 8,215
the amount withheld to the child support enforcement agency 8,216
196
designated for that county pursuant to section 2301.35 of the 8,217
Revised Code, to send that amount to the agency immediately but 8,218
not later than ten days after the date the obligor is paid, and 8,219
to continue the withholding at intervals specified in the notice 8,220
until further notice from the agency. To the extent possible, 8,221
the amount specified in the notice to be withheld shall satisfy 8,222
the amount ordered for support in the administrative support 8,223
order plus any arrearages that may be owed by the obligor under 8,224
any prior court or administrative support order that pertained to 8,225
the same child or spouse, notwithstanding the limitations of 8,226
sections 2329.66, 2329.70, 2716.02, and 2716.05 of the Revised 8,227
Code. However, in no case shall the sum of the amount specified 8,228
in the notice to be withheld and any fee withheld by the employer 8,229
as a charge for its services exceed the maximum amount permitted 8,230
under section 303(b) of the "Consumer Credit Protection Act," 15 8,231
U.S.C. 1673(b). 8,232
(b) If the agency imposes a withholding requirement under 8,234
division (B)(1)(a) of this section, the agency, within the 8,235
applicable period of time specified in division (A) of this 8,236
section, shall send to the obligor's employer by regular mail a 8,237
notice that contains all of the information set forth in 8,238
divisions (B)(1)(b)(i) to (xi) of this section. The notice is 8,239
final and is enforceable by the court. The notice shall contain 8,240
all of the following: 8,241
(i) The amount to be withheld from the obligor's wages and 8,243
a statement that the amount actually withheld for support and 8,244
other purposes, including the fee described in division 8,245
(B)(1)(b)(xi) of this section, shall not be in excess of the 8,246
maximum amounts permitted under section 303(b) of the "Consumer 8,247
Credit Protection Act," 15 U.S.C. 1673(b); 8,248
(ii) A statement that the employer is required to send the 8,250
amount withheld to the child support enforcement agency 8,251
immediately, but not later than ten working days, after the 8,252
obligor is paid by the employer and is required to report to the 8,253
197
agency the date on which the amount was withheld from the 8,254
obligor's wages; 8,255
(iii) A statement that the withholding is binding upon the 8,257
employer until further notice from the agency; 8,258
(iv) A statement that the employer is subject to a fine to 8,260
be determined under the law of this state for discharging the 8,261
obligor from employment, refusing to employ the obligor, or 8,262
taking any disciplinary action against the obligor because of the 8,263
withholding requirement; 8,264
(v) A statement that, if the employer fails to withhold 8,266
wages in accordance with the provisions of the notice, the 8,267
employer is liable for the accumulated amount the employer should 8,268
have withheld from the obligor's wages; 8,269
(vi) A statement that the withholding in accordance with 8,271
the notice and under the provisions of this section has priority 8,272
over any other legal process under the law of this state against 8,273
the same wages; 8,274
(vii) The date on which the notice was mailed and a 8,276
statement that the employer is required to implement the 8,277
withholding no later than the first pay period that occurs after 8,278
fourteen working days following the date the notice was mailed 8,279
and is required to continue the withholding at the intervals 8,280
specified in the notice; 8,281
(viii) A requirement that the employer promptly notify the 8,283
child support enforcement agency, in writing, within ten working 8,284
days after the date of any termination of the obligor's 8,285
employment, any layoff of the obligor, any leave of absence of 8,286
the obligor without pay, or any other situation in which the 8,287
employer ceases to pay personal earnings in an amount sufficient 8,288
to comply with the administrative order to the obligor and 8,289
provide the agency with the obligor's last known address; 8,290
(ix) A requirement that the employer identify in the 8,292
notification given under division (B)(1)(b)(viii) of this section 8,293
any types of benefits other than personal earnings that the 8,294
198
obligor is receiving or is eligible to receive as a benefit of 8,295
employment or as a result of the obligor's termination of 8,296
employment, including, but not limited to, unemployment 8,297
compensation, workers' compensation benefits, severance pay, sick 8,298
leave, lump sum payments of retirement benefits or contributions, 8,299
and bonuses or profit-sharing payments or distributions, and the 8,300
amount of such benefits, and include in the notification the 8,301
obligor's last known address and telephone number, date of birth, 8,302
social security number, and case number and, if known, the name 8,303
and business address of any new employer of the obligor; 8,304
(x) A requirement that, no later than the earlier of 8,306
forty-five days before the lump-sum payment is to be made or, if 8,307
the obligor's right to the lump-sum payment is determined less 8,308
than forty-five days before it is to be made, the date on which 8,309
that determination is made, the employer notify the child support 8,310
enforcement agency of any lump-sum payments of any kind of five 8,311
hundred dollars or more that are to be paid to the obligor, hold 8,312
the lump-sum payments of five hundred dollars or more for thirty 8,313
days after the date on which the lump-sum payments otherwise 8,314
would have been paid to the obligor, if the lump-sum payments are 8,315
workers' compensation benefits, severance pay, sick leave, 8,316
lump-sum payments of retirement benefits or contributions, annual 8,317
bonuses, or profit-sharing payments or distributions, and, upon 8,318
order of the agency, pay any specified amount of the lump-sum 8,319
payment to the child support enforcement agency.; 8,320
(xi) A statement that, in addition to the amount withheld 8,322
for support, the employer may withhold a fee from the obligor's 8,323
earnings as a charge for its services in complying with the 8,324
notice a specification of the amount that may be withheld. 8,325
(c) The agency shall send the notice described in division 8,327
(B)(1)(b) of this section to the obligor, and shall attach to the 8,328
notice an additional notice requiring the obligor immediately to 8,329
notify the child support enforcement agency, in writing, of any 8,330
change in employment, including self-employment, and of the 8,331
199
availability of any other sources of income that can be the 8,332
subject of any withholding or deduction requirement described in 8,333
division (B) of this section. The agency shall serve the notices 8,334
upon the obligor at the same time as service of the 8,335
administrative support order or, if the administrative support 8,336
order previously has been issued, shall send the notices to the 8,337
obligor by regular mail at the obligor's last known address at 8,339
the same time that it sends the notice described in division 8,340
(B)(1)(b) of this section to the employer. The notification 8,341
required of the obligor shall include a description of the nature 8,342
of any new employment, the name and business address of any new 8,343
employer, and any other information reasonably required by the 8,344
agency. No obligor shall fail to give the notification as 8,345
required by division (B)(1)(c) of this section. 8,346
(2)(a) If the child support enforcement agency determines 8,348
that the obligor is receiving workers' compensation payments, the 8,349
agency may require the bureau of workers' compensation or the 8,350
employer that has been granted the privilege of paying 8,351
compensation directly and that is paying workers' compensation 8,352
benefits to the obligor to withhold from the obligor's workers' 8,353
compensation payments a specified amount for support in 8,354
satisfaction of the administrative support order, to begin the 8,355
withholding no later than the date of the first payment that 8,356
occurs after fourteen working days following the date the notice 8,357
was mailed to the bureau or employer under divisions (A)(2) or 8,358
(3) and (B)(2)(b) of this section, to send the amount withheld to 8,359
the child support enforcement agency designated for that county 8,360
pursuant to section 2301.35 of the Revised Code, to send that 8,361
amount to the agency immediately but not later than ten days 8,362
after the date the payment is made to the obligor, to provide the 8,363
date on which the amount was withheld, and to continue the 8,364
withholding at intervals specified in the notice until further 8,365
notice from the agency. To the extent possible, the amount 8,366
specified in the notice to be withheld shall satisfy the amount 8,367
200
ordered for support in the administrative support order plus any 8,368
arrearages that may be owed by the obligor under any prior court 8,369
or administrative support order that pertained to the same child 8,370
or spouse, notwithstanding the limitations of section 4123.67 of 8,371
the Revised Code. However, in no case shall the sum of the 8,372
amount specified in the notice to be withheld and any fee 8,373
withheld by an employer as a charge for its services exceed the 8,374
maximum amount permitted under section 303(b) of the "Consumer 8,375
Credit Protection Act," 15 U.S.C. 1673(b). 8,376
(b) If the agency imposes a withholding requirement under 8,378
division (B)(2)(a) of this section, it, within the applicable 8,379
period of time specified in division (A) of this section, shall 8,380
send to the bureau of workers' compensation or the employer that 8,381
is paying the obligor's workers' compensation benefits by regular 8,382
mail a notice that contains all of the information set forth in 8,383
divisions (B)(2)(b)(i) to (x) of this section. The notice is 8,384
final and is enforceable by the court. The notice shall contain 8,385
all of the following: 8,386
(i) The amount to be withheld from the obligor's worker's 8,388
compensation payments and a statement that the amount actually 8,389
withheld for support and other purposes, including the fee 8,390
described in division (B)(2)(b)(x) of this section, if 8,391
applicable, shall not be in excess of the maximum amounts 8,392
permitted under section 303(b) of the "Consumer Credit Protection 8,393
Act," 15 U.S.C. 1673(b); 8,394
(ii) A statement that the bureau or employer is required 8,396
to send the amount withheld to the child support enforcement 8,397
agency immediately, but not later than ten working days, after 8,398
the payment is made to the obligor and is required to report to 8,399
the agency the date on which the amount was withheld from the 8,400
obligor's payments; 8,401
(iii) A statement that the withholding is binding upon the 8,403
bureau or employer until further notice from the court or agency; 8,404
(iv) If the notice is sent to an employer who is paying 8,406
201
the obligor's worker's compensation benefits, a statement that, 8,407
if the employer fails to withhold from the obligor's worker's 8,408
compensation payments in accordance with the provisions of the 8,409
notice, the employer is liable for the accumulated amount the 8,410
employer should have withheld from the obligor's payments; 8,411
(v) A statement that the withholding in accordance with 8,413
the notice and under the provisions of this section has priority 8,414
over any other legal process under the law of this state against 8,415
the same payment of benefits; 8,416
(vi) The date on which the notice was mailed and a 8,418
statement that the bureau or employer is required to implement 8,419
the withholding no later than the date of the first payment that 8,420
occurs after fourteen working days following the date the notice 8,421
was mailed and is required to continue the withholding at the 8,422
intervals specified in the notice; 8,423
(vii) A requirement that the bureau or employer promptly 8,425
notify the child support enforcement agency, in writing, within 8,426
ten working days after the date of any termination of the 8,427
obligor's workers' compensation benefits; 8,428
(viii) A requirement that the bureau or employer include 8,430
in all notices the obligor's last known mailing address, last 8,431
known residence address, and social security number; 8,432
(ix) A requirement that, no later than the earlier of 8,434
forty-five days before the lump sum payment is to be made or, if 8,435
the obligor's right to the lump sum payment is determined less 8,436
than forty-five days before it is to be made, the date on which 8,437
that determination is made, the bureau or employer notify the 8,438
child support enforcement agency of any lump-sum payment of any 8,439
kind of five hundred dollars or more that is to be paid to the 8,440
obligor, hold the lump-sum payment for thirty days after the date 8,441
on which the lump-sum payment otherwise would be paid to the 8,442
obligor, and, upon order of the agency, pay any specified amount 8,443
of the lump-sum payment to the agency.; 8,444
(x) If the notice is sent to an employer who is paying the 8,446
202
obligor's workers' compensation benefits a statement that, in 8,447
addition to the amount withheld for support, the employer may 8,448
withhold a fee from the obligor's benefits as a charge for its 8,449
services in complying with the notice and a specification of the 8,450
amount that may be withheld. 8,451
(c) The agency shall send the notice described in division 8,453
(B)(2)(b) of this section to the obligor and shall attach to the 8,454
notice an additional notice requiring the obligor to immediately 8,455
notify the child support enforcement agency, in writing, of any 8,456
change in the obligor's workers' compensation payments, of the 8,458
commencement of employment, including self-employment, and of the 8,459
availability of any other sources of income that can be the 8,460
subject of any withholding or deduction requirement described in 8,461
division (B) of this section. The agency shall serve the notices 8,462
upon the obligor at the same time as service of the 8,463
administrative support order or, if the administrative support 8,464
order previously has been issued, shall send the notices to the 8,465
obligor by regular mail at the obligor's last known address at 8,466
the same time that it sends the notice described in division 8,468
(B)(2)(b) of this section to the bureau or employer. The 8,469
additional notice also shall specify that upon commencement of 8,470
employment the obligor may request the child support enforcement 8,471
agency to cancel its administrative workers' compensation payment 8,472
withholding notice and instead issue a notice requiring the 8,473
withholding of an amount from the obligor's personal earnings for 8,474
support in accordance with division (B)(1) of this section and 8,475
that upon commencement of employment the agency may cancel its 8,476
workers' compensation payment withholding notice and instead will 8,477
issue a notice requiring the withholding of an amount from the 8,478
obligor's personal earnings for support in accordance with 8,479
division (B)(1) of this section. The notification required of 8,480
the obligor shall include a description of the nature of any new 8,481
employment, the name and business address of any new employer, 8,482
and any other information reasonably required by the agency. 8,483
203
(3)(a) If the child support enforcement agency determines 8,485
that the obligor is receiving any pension, annuity, allowance, or 8,486
other benefit or is to receive or has received a warrant 8,487
refunding the obligor's individual account from the public 8,488
employees retirement system, a municipal retirement system 8,489
established subject to sections 145.01 to 145.58 of the Revised 8,490
Code, the police and firemen's disability and pension fund, the 8,492
state teachers retirement system, the school employees retirement 8,493
system, or the state highway patrol retirement system, the agency 8,494
may require the public employees retirement board, the board, 8,495
board of trustees, or other governing entity of any municipal 8,496
retirement system, the board of trustees of the police and 8,497
firemen's disability and pension fund, the state teachers 8,499
retirement board, the school employees retirement board, or the 8,500
state highway patrol retirement board to withhold from the 8,501
obligor's pension, annuity, allowance, other benefit, or warrant 8,502
a specified amount for support in satisfaction of the support 8,503
order, to begin the withholding no later than the date of the 8,504
first payment that occurs after fourteen working days following 8,505
the date the notice was mailed to the board, board of trustees, 8,506
or other entity under divisions (A)(2) or (3) and (B)(3)(b) of 8,507
this section, to send the amount withheld to the child support 8,508
enforcement agency designated for that county pursuant to section 8,509
2301.35 of the Revised Code, to send that amount to the agency 8,510
immediately but not later than ten days after the date the 8,511
payment is made to the obligor, to provide the date on which the 8,512
amount was withheld, and to continue the withholding at intervals 8,513
specified in the notice until further withholding notice of the 8,514
agency. To the extent possible, the amount specified in the 8,515
notice to be withheld shall satisfy the amount ordered for 8,516
support in the support order plus any arrearages that may be owed 8,517
by the obligor under any prior court or administrative support 8,518
order that pertained to the same child or spouse, notwithstanding 8,519
the limitations of sections 2329.66, 2329.70, and 2716.13 of the 8,520
204
Revised Code. However, in no case shall the sum of the amount 8,521
specified in the notice to be withheld and any fee withheld by 8,522
the board, board of trustees, or other entity as a charge for its 8,523
services exceed the maximum amount permitted under section 303(b) 8,524
of the "Consumer Credit Protection Act," 15 U.S.C. 1673(b). 8,525
(b) If the agency imposes a withholding requirement under 8,527
division (B)(3)(a) of this section, it, within the applicable 8,528
period of time specified in division (A) of this section, shall 8,529
send to the board, board of trustees, or other entity by regular 8,530
mail a notice that contains all of the information set forth in 8,531
divisions (B)(3)(b)(i) to (ix) of this section. The notice is 8,532
final and is enforceable by the court. The notice shall contain 8,533
all of the following: 8,534
(i) The amount to be withheld from the obligor's pension, 8,536
annuity, allowance, other benefit, or warrant and a statement 8,537
that the amount actually withheld for support and other purposes, 8,538
including the fee described in division (B)(3)(b)(ix) of this 8,539
section, shall not be in excess of the maximum amounts permitted 8,540
under section 303(b) of the "Consumer Credit Protection Act," 15 8,541
U.S.C. 1673(b); 8,542
(ii) A statement that the board, board of trustees, or 8,544
other entity is required to send the amount withheld to the child 8,545
support enforcement agency immediately, but not later than ten 8,546
working days, after the payment is made to the obligor and is 8,547
required to report to the agency the date on which the amount was 8,548
withheld from the obligor's payments; 8,549
(iii) A statement that the withholding is binding upon the 8,551
board, board of trustees, or other entity until further notice 8,552
from the court or agency; 8,553
(iv) A statement that the withholding in accordance with 8,555
the notice and under the provisions of this section has priority 8,556
over any other legal process under the law of this state against 8,557
the same payment of the pension, annuity, allowance, other 8,558
benefit, or warrant; 8,559
205
(v) The date on which the notice was mailed and a 8,561
statement that the board, board of trustees, or other entity is 8,562
required to implement the withholding no later than the date of 8,563
the first payment that occurs after fourteen working days 8,564
following the date the notice was mailed and is required to 8,565
continue the withholding at the intervals specified in the 8,566
notice; 8,567
(vi) A requirement that the board, board of trustees, or 8,569
other entity promptly notify the child support enforcement 8,570
agency, in writing, within ten working days after the date of any 8,571
termination of the obligor's pension, annuity, allowance, or 8,572
other benefit; 8,573
(vii) A requirement that the board, board of trustees, or 8,575
other entity include in all notices the obligor's last known 8,576
mailing address, last known residence address, and social 8,577
security number; 8,578
(viii) A requirement that, no later than the earlier of 8,580
forty-five days before the lump-sum payment is to be made or, if 8,581
the obligor's right to the lump-sum payment is determined less 8,582
than forty-five days before it is to be made, the date on which 8,583
that determination is made, the board, board of trustees, or 8,584
other entity notify the child support enforcement agency of any 8,585
lump-sum payment of any kind of five hundred dollars or more that 8,586
is to be paid to the obligor, hold the lump-sum payment for 8,587
thirty days after the date on which the lump-sum payment would 8,588
otherwise be paid to the obligor, if the lump-sum payments are 8,589
lump-sum payments of retirement benefits or contributions, and, 8,590
upon order of the agency, pay any specified amount of the 8,591
lump-sum payment to the agency.; 8,592
(ix) A statement that, in addition to the amount withheld 8,594
for support, the board, board of trustees, or other entity may 8,595
withhold a fee from the obligor's pension, annuity, allowance, 8,596
other benefit, or warrant as a charge for its services in 8,597
complying with the notice and a specification of the amount that 8,598
206
may be withheld. 8,599
(c) The agency shall send the notice described in division 8,601
(B)(3)(b) of this section to the obligor and shall attach to the 8,602
notice an additional notice requiring the obligor immediately to 8,603
notify the child support enforcement agency, in writing, of any 8,604
change in the obligor's pension, annuity, allowance, or other 8,605
benefit, of the commencement of employment, including 8,607
self-employment, and of the availability of any other sources of 8,608
income that can be the subject of any withholding or deduction 8,609
requirement described in division (B) of this section. The 8,610
agency shall serve the notices upon the obligor at the same time 8,611
as service of the administrative support order or, if the 8,612
administrative support order previously has been issued, shall 8,613
send the notices to the obligor by regular mail, at the obligor's 8,614
last known address, at the same time it sends the notice 8,616
described in division (B)(3)(b) of this section to the board, 8,617
board of trustees, or other entity. The additional notice also 8,618
shall notify the obligor that upon commencement of employment the 8,619
obligor may request the agency to issue a notice requiring the 8,621
withholding of an amount from the obligor's personal earnings for 8,622
support in accordance with division (B)(1) of this section and 8,623
that upon commencement of employment the agency may cancel its 8,624
withholding notice under division (B)(3)(b) of this section and 8,625
instead will issue a notice requiring the withholding of an 8,626
amount from the obligor's personal earnings for support in 8,627
accordance with division (B)(1) of this section. The
notification required of the obligor shall include a description 8,628
of the nature of any new employment, the name and business 8,629
address of any new employer, and any other information reasonably 8,630
required by the agency. 8,631
(4)(a) If the child support enforcement agency determines 8,633
that the obligor is receiving any form of income, including, but 8,634
not limited to, disability or sick pay, insurance proceeds, 8,635
lottery prize awards, federal, state, or local government 8,636
207
benefits to the extent that the benefits can be withheld or 8,637
deducted under any law governing the benefits, any form of trust 8,638
fund or endowment fund, vacation pay, commissions and draws 8,639
against commissions that are paid on a regular basis, bonuses or 8,640
profit-sharing payments or distributions, or any lump-sum 8,641
payments, the agency may require the person who pays or otherwise 8,642
distributes the income to the obligor to withhold from the 8,643
obligor's income a specified amount for support in satisfaction 8,644
of the administrative support order, to begin the withholding no 8,645
later than the date of the first payment that occurs after 8,646
fourteen working days following the date the notice was mailed to 8,647
the person paying or otherwise distributing the obligor's income 8,648
under divisions (A)(2) or (3) and (B)(4)(b) of this section, to 8,649
send the amount withheld to the child support enforcement agency 8,650
designated for that county pursuant to section 2301.35 of the 8,651
Revised Code, to send that amount to the agency immediately but 8,652
not later than ten days after the date the payment is made to the 8,653
obligor, to provide the date on which the amount was withheld, 8,654
and to continue the withholding at intervals specified in the 8,655
notice until further notice from the agency. To the extent 8,656
possible, the amount specified in the notice to be withheld shall 8,657
satisfy the amount ordered for support in the administrative 8,658
support order plus any arrearages that may be owed by the obligor 8,659
under any prior court or administrative support order that 8,660
pertained to the same child or spouse, notwithstanding the 8,661
limitations of sections 2329.66, 2329.70, and 2716.13 of the 8,662
Revised Code. However, in no case shall the sum of the amount 8,663
specified in the notice to be withheld and any fee withheld by 8,664
the person paying or otherwise distributing the obligor's income 8,665
as a charge for its services exceed the maximum amount permitted 8,666
under section 303(b) of the "Consumer Credit Protection Act," 15 8,667
U.S.C. 1673(b). 8,668
(b) If the agency imposes a withholding requirement under 8,670
division (B)(4)(a) of this section, it, within the applicable 8,671
208
period of time specified in division (A) of this section, shall 8,672
send to the person paying or otherwise distributing the obligor's 8,673
income by regular mail a notice that contains all of the 8,674
information set forth in divisions (B)(4)(b)(i) to (ix) of this 8,675
section. The notice is final and is enforceable by the court. 8,676
The notice shall contain all of the following: 8,677
(i) The amount to be withheld from the obligor's income 8,679
and a statement that the amount actually withheld for support and 8,680
other purposes, including the fee described in division 8,681
(B)(4)(b)(ix) of this section, shall not be in excess of the 8,682
maximum amounts permitted under section 303(b) of the "Consumer 8,683
Credit Protection Act," 15 U.S.C. 1673(b); 8,684
(ii) A statement that the person paying or otherwise 8,686
distributing the obligor's income is required to send the amount 8,687
withheld to the child support enforcement agency immediately, but 8,688
not later than ten working days, after the payment is made to the 8,689
obligor and is required to report to the agency the date on which 8,690
the amount was withheld from the obligor's payments; 8,691
(iii) A statement that the withholding is binding upon the 8,693
person paying or otherwise distributing the obligor's income 8,694
until further notice from the court or agency; 8,695
(iv) A statement that the withholding in accordance with 8,697
the notice and under the provisions of this section has priority 8,698
over any other legal process under the law of this state against 8,699
the same payment of the income; 8,700
(v) The date on which the notice was mailed and a 8,702
statement that the person paying or otherwise distributing the 8,703
obligor's income is required to implement the withholding no 8,704
later than the date of the first payment that occurs after 8,705
fourteen working days following the date the notice was mailed 8,706
and is required to continue the withholding at the intervals 8,707
specified in the notice; 8,708
(vi) A requirement that the person paying or otherwise 8,710
distributing the obligor's income promptly notify the child 8,711
209
support enforcement agency, in writing, within ten days after the 8,712
date of any termination of the obligor's income; 8,713
(vii) A requirement that the person paying or otherwise 8,715
distributing the obligor's income include in all notices the 8,716
obligor's last known mailing address, last known residence 8,717
address, and social security number; 8,718
(viii) A requirement that, no later than the earlier of 8,720
forty-five days before the lump-sum payment is to be made or, if 8,721
the obligor's right to the lump-sum payment is determined less 8,722
than forty-five days before it is to be made, the date on which 8,723
that determination is made, the person paying or otherwise 8,724
distributing the obligor's income notify the child support 8,725
enforcement agency of any lump-sum payment of any kind of five 8,726
hundred dollars or more that is to be paid to the obligor, hold 8,727
the lump-sum payment for thirty days after the date on which the 8,728
lump-sum payment would otherwise be paid to the obligor, if the 8,729
lump-sum payment is sick pay, lump-sum payment of retirement 8,730
benefits or contributions, or profit-sharing payments or 8,731
distributions, and, upon order of the agency, pay any specified 8,732
amount of the lump-sum payment to the child support enforcement 8,733
agency.; 8,734
(ix) A statement that, in addition, to the amount withheld 8,736
for support, the person paying or otherwise distributing the 8,737
obligor's income may withhold a fee from the obligor's income as 8,738
a charge for its services in complying with the notice and a 8,739
specification of the amount that may be withheld. 8,740
(c) The agency shall send the notice described in division 8,742
(B)(4)(b) of this section to the obligor and shall attach to the 8,743
notice an additional notice requiring the obligor immediately to 8,744
notify the child support enforcement agency, in writing, of any 8,745
change in income to which the withholding notice applies, of the 8,747
commencement of employment, including self-employment, and of the 8,748
availability of any other sources of income that can be the
subject of any withholding or deduction requirement described in 8,749
210
division (B) of this section. The agency shall serve the notices 8,750
upon the obligor at the same time as service of the 8,751
administrative support order or, if the administrative support 8,752
order previously has been issued, shall send the notices to the 8,753
obligor by regular mail at the obligor's last known address at 8,754
the same time that it sends the notice described in division 8,755
(B)(4)(b) of this section to the person paying or otherwise 8,756
distributing the obligor's income. The additional notice also 8,757
shall notify the obligor that upon commencement of employment the 8,758
obligor may request the agency to issue a notice requiring the 8,759
withholding of an amount from the obligor's personal earnings for 8,760
support in accordance with division (B)(1) of this section and 8,761
that upon commencement of employment the agency may cancel its 8,762
withholding notice under division (B)(4)(b) of this section and 8,763
instead will issue a notice requiring the withholding of an 8,764
amount from the obligor's personal earnings for support in 8,765
accordance with division (B)(1) of this section. The 8,766
notification required of the obligor shall include a description 8,767
of the nature of any new employment, the name and business 8,768
address of any new employer, and any other information reasonably 8,769
required by the court.
(5)(a) If the child support enforcement agency determines 8,771
that the obligor has funds on deposit in any account in a 8,772
financial institution under the jurisdiction of the court, the 8,773
agency may require any financial institution in which the 8,774
obligor's funds are on deposit to deduct from the obligor's 8,775
account a specified amount for support in satisfaction of the 8,776
administrative support order, to begin the deduction no later 8,777
than fourteen working days following the date the notice was 8,778
mailed to the financial institution under divisions (A)(2) or (3) 8,779
and (B)(5)(b) of this section, to send the amount deducted to the 8,780
child support enforcement agency designated for that county 8,781
pursuant to section 2301.35 of the Revised Code, to send that 8,782
amount to the agency immediately but not later than ten days 8,783
211
after the date the latest deduction was made, to provide the date 8,784
on which the amount was deducted, and to continue the deduction 8,785
at intervals specified in the notice until further notice from 8,786
the agency. To the extent possible, the amount specified in the 8,787
notice to be deducted shall satisfy the amount ordered for 8,788
support in the administrative support order plus any arrearages 8,789
that may be owed by the obligor under any prior court or 8,790
administrative support order that pertained to the same child or 8,791
spouse, notwithstanding the limitations of sections 2329.66, 8,792
2329.70, and 2716.13 of the Revised Code. However, in no case 8,793
shall the sum of the amount specified in the notice to be 8,794
deducted and the fee deducted by the financial institution as a 8,795
charge for its services exceed the maximum amount permitted under 8,796
section 303(b) of the "Consumer Credit Protection Act," 15 U.S.C. 8,797
1673(b). 8,798
(b) If the agency imposes a deduction requirement under 8,800
division (B)(5)(a) of this section, it, within the applicable 8,801
period of time specified in division (A) of this section, shall 8,802
send to the financial institution by regular mail a notice that 8,803
contains all of the information set forth in divisions 8,804
(B)(5)(b)(i) to (viii) of this section. The notice is final and 8,805
is enforceable by the court. The notice shall contain all of the 8,806
following: 8,807
(i) The amount to be deducted from the obligor's account 8,809
and a statement that the amount actually deducted for support and 8,810
other purposes, including the fee described in division 8,811
(B)(5)(b)(viii) of this section, shall not be in excess of the 8,812
maximum amounts permitted under section 303(b) of the "Consumer 8,813
Credit Protection Act," 15 U.S.C. 1673(b); 8,814
(ii) A statement that the financial institution is 8,816
required to send the amount deducted to the child support 8,817
enforcement agency immediately, but not later than ten working 8,818
days, after the date the last deduction was made and is required 8,819
to report to the agency the date on which the amount was deducted 8,820
212
from the obligor's account; 8,821
(iii) A statement that the deduction is binding upon the 8,823
financial institution until further notice from the court or 8,824
agency; 8,825
(iv) A statement that the withholding in accordance with 8,827
the notice and under the provisions of this section has priority 8,828
over any other legal process under the law of this state against 8,829
the same account; 8,830
(v) The date on which the notice was mailed and a 8,832
statement that the financial institution is required to implement 8,833
the deduction no later than fourteen working days following the 8,834
date the notice was mailed and is required to continue the 8,835
deduction at the intervals specified in the notice; 8,836
(vi) A requirement that the financial institution promptly 8,838
notify the child support enforcement agency, in writing, within 8,839
ten days after the date of any termination of the account from 8,840
which the deduction is being made and notify the agency, in 8,841
writing, of the opening of a new account at that financial 8,842
institution, the account number of the new account, the name of 8,843
any other known financial institutions in which the obligor has 8,844
any accounts, and the numbers of those accounts; 8,845
(vii) A requirement that the financial institution include 8,847
in all notices the obligor's last known mailing address, last 8,848
known residence address, and social security number; 8,849
(viii) A statement that, in addition to the amount 8,851
deducted for support, the financial institution may deduct a fee 8,852
from the obligor's account as a charge for its services in 8,853
complying with the administrative order and a specification of 8,854
the amount that may be deducted. 8,855
(c) The agency shall send the notice described in division 8,857
(B)(5)(b) of this section to the obligor and shall attach to the 8,858
notice an additional notice requiring the obligor immediately to 8,859
notify the child support enforcement agency, in writing, of any 8,860
change in the status of the account from which the amount of 8,861
213
support is being deducted or the opening of a new account with 8,862
any financial institution, of the commencement of employment, 8,863
including self-employment, or of the availability of any other 8,864
sources of income that can be the subject of any withholding or 8,865
deduction requirement described in division (B) of this section. 8,866
The agency shall serve the notices upon the obligor at the same 8,867
time as service of the administrative support order or, if the 8,868
support order previously has been issued, shall send the notices 8,869
to the obligor by regular mail at the obligor's last known 8,870
address at the same time that it sends the notice described in 8,872
division (B)(5)(b) of this section to the obligor. The 8,873
additional notice also shall notify the obligor that upon 8,874
commencement of employment, the obligor may request the agency to 8,875
cancel its financial institution account deduction notice and 8,876
instead issue a notice requiring the withholding of an amount 8,877
from the obligor's personal earnings for support in accordance 8,878
with division (B)(1) of this section and that upon commencement 8,879
of employment the agency may cancel its financial institution 8,880
account deduction notice and instead will issue a notice 8,881
requiring the withholding of an amount from the obligor's 8,882
personal earnings for support in accordance with division (B)(1) 8,883
of this section. The notification required of the obligor shall 8,884
include a description of the nature of any new accounts opened at 8,885
a financial institution located in the county in which the agency 8,886
is located, the name and business address of that financial 8,887
institution, a description of the nature of any new employment, 8,888
the name and business address of any new employer, and any other 8,889
information reasonably required by the agency. 8,890
(C) If an agency issues or modifies an administrative 8,892
support order under section 3111.20, 3111.21, or 3111.22 of the 8,894
Revised Code and issues one or more notices described in division
(B) of this section, the agency to the extent possible shall 8,895
issue a sufficient number of notices under division (B) of this 8,896
section to provide that the aggregate amount withheld or deducted 8,897
214
under those notices satisfies the amount ordered for support in 8,898
the administrative support order plus any arrearages that may be 8,899
owed by the obligor under any prior court or administrative 8,900
support order that pertained to the same child or spouse, 8,901
notwithstanding the limitations of sections 2329.66, 2329.70, 8,902
2716.13, and 4123.67 of the Revised Code. However, in no case 8,903
shall the aggregate amount withheld or deducted and any fees 8,904
withheld or deducted as a charge for services exceed the maximum 8,905
amount permitted under section 303(b) of the "Consumer Credit 8,906
Protection Act," 15 U.S.C. 1673(b). 8,907
(D) When two or more withholding or deduction notices that 8,909
are described in division (B) of this section are received by an 8,910
employer, the bureau of workers' compensation, an employer that 8,911
is paying more than one person's workers' compensation benefits, 8,912
the public employees retirement board, the board, board of 8,913
trustees, or other governing entity of any municipal retirement 8,914
system, the board of trustees of the police and firemen's 8,915
disability and pension fund, the state teachers retirement board, 8,917
the school employees retirement board, the state highway patrol 8,918
retirement board, a person paying or otherwise distributing 8,919
income for more than one obligor, or a financial institution, the 8,920
employer, bureau of workers' compensation, employer paying 8,921
workers' compensation benefits, board, board of trustees, or 8,922
other governing entity of a retirement system, person paying or 8,923
distributing income to an obligor, or financial institution shall 8,924
comply with all of the requirements contained in the notices to 8,925
the extent that the total amount withheld from the obligor's 8,926
personal earnings, payments, pensions, annuities, allowances, 8,927
benefits, other sources of income, or savings does not exceed the 8,928
maximum amount permitted under section 303(b) of the "Consumer 8,929
Credit Protection Act," 15 U.S.C. 1673(b), withhold or deduct 8,930
amounts in accordance with the allocation set forth in divisions 8,931
(D)(1) and (2) of this section, notify each agency that issued 8,932
one of the notices of the allocation, and give priority to 8,933
215
amounts designated in each notice as current support in the 8,934
following manner: 8,935
(1) If the total of the amounts designated in the notices 8,937
as current support exceeds the amount available for withholding 8,938
under section 303(b) of the "Consumer Credit Protection Act," 15 8,939
U.S.C. 1673(b), the employer, bureau of workers' compensation, 8,940
employer paying workers' compensation benefits, board, board of 8,941
trustees, or other governing entity of a municipal retirement 8,942
system, person paying or distributing income to an obligor, or 8,943
financial institution shall allocate to each notice an amount for 8,944
current support equal to the amount designated in that notice as 8,945
current support multiplied by a fraction in which the numerator 8,946
is the amount of personal earnings, payments, pensions, 8,947
annuities, allowances, benefits, other sources of income, or 8,948
savings available for withholding and the denominator is the 8,949
total amount designated in all of the notices as current support. 8,950
(2) If the total of the amounts designated in the notices 8,952
as current support does not exceed the amount available for 8,953
withholding under section 303(b) of the "Consumer Credit 8,954
Protection Act," 15 U.S.C. 1673(b), the persons and entities 8,955
listed in division (C)(1) of this section shall pay all of the 8,956
amounts designated as current support in the notices and shall 8,957
allocate to each notice an amount for past-due support equal to 8,958
the amount designated in that notice as past-due support 8,959
multiplied by a fraction in which the numerator is the amount of 8,960
personal earnings, payments, pensions, annuities, allowances, 8,961
benefits, other sources of income, or savings remaining available 8,962
for withholding after the payment of current support and the 8,963
denominator is the total amount designated in all of the notices 8,964
orders as past-due support. 8,965
(E)(1) Except when a provision specifically authorizes or 8,967
requires service other than as described in this division, 8,968
service of any notice on any party, the bureau of workers' 8,969
compensation, an employer that is paying a person's workers' 8,970
216
compensation benefits, the public employees retirement board, the 8,971
board, board of trustees, or other governing entity of any 8,972
municipal retirement system, the board of trustees of the police 8,973
and firemen's disability and pension fund, the state teachers 8,975
retirement board, the school employees retirement board, the 8,976
state highway patrol retirement board, a person paying or 8,977
otherwise distributing an obligor's income, a financial 8,978
institution, or an employer, for purposes of division (A) or (B) 8,979
of this section, may be made by personal service or ordinary 8,980
first class mail directed to the addressee at the addressee's 8,981
last known address, or, in the case of a corporation, at its 8,982
usual place of doing business. 8,983
(2) Each party to an administrative support order shall 8,985
notify the child support enforcement agency of the party's 8,986
current mailing address and current residence address at the time 8,987
of the issuance or modification of the order and, until further 8,988
notice of the agency that issues the order, shall notify the 8,989
agency of any change in either address immediately after the 8,990
change occurs. No person shall fail to give the notice as 8,991
required by division (E)(2) of this section. 8,992
(3) Each administrative support order issued pursuant to 8,994
this section shall contain a statement requiring each party to 8,995
the order to notify the child support enforcement agency in 8,996
writing of the party's current mailing address, the party's 8,997
current residence address, and of any changes in either address, 8,998
and a notice that the requirement to notify the agency of all 8,999
changes in either address continues until further notice from the 9,000
agency. 9,001
(4)(a) The parent who is the residential parent and legal 9,003
custodian of a child for whom an administrative support order is 9,004
issued or the person who otherwise has custody of a child for 9,005
whom an administrative support order is issued immediately shall 9,006
notify, and the obligor under an administrative support order may 9,007
notify, the child support enforcement agency of any reason for 9,008
217
which an administrative support order should terminate, 9,009
including, but not limited to, death, marriage, emancipation, 9,010
enlistment in the armed services, deportation, or change of legal 9,011
or physical custody of the child. Upon receipt of a notice 9,012
pursuant to this division, the agency immediately shall conduct 9,013
an investigation to determine if any reason exists for which the 9,014
administrative support order should terminate. If the agency so 9,015
determines, it immediately shall terminate the administrative 9,016
support order. 9,017
(b) Upon receipt of a notice given pursuant to division 9,019
(E)(4)(a) of this section, the agency shall impound any funds 9,020
received for the child pursuant to the administrative support 9,021
order and set the case for an administrative hearing for a 9,022
determination of whether the administrative support order should 9,023
be terminated or modified or whether the agency should take any 9,024
other appropriate action. 9,025
(c) If the child support enforcement agency terminates an 9,027
administrative support order pursuant to divisions (E)(4)(a) and 9,028
(b) of this section, the termination of the support order also 9,029
terminates any withholding or deduction order as described in 9,030
division (B) of this section that was issued relative to the 9,031
administrative support order prior to December 31, 1993, and any 9,032
withholding or deduction notice as described in division (B) of 9,033
this section that was issued relative to the administrative 9,034
support order on or after December 31, 1993. Upon the 9,035
termination of any withholding or deduction order or any 9,036
withholding or deduction notice, the agency immediately shall 9,037
notify each employer, financial institution, or other person or 9,038
entity that was required to withhold or deduct a sum of money for 9,039
the payment of support under the terminated withholding or 9,040
deduction order or the terminated withholding or deduction notice 9,041
that the order or notice has been terminated and that it is 9,042
required to cease all withholding or deduction under the order or 9,043
notice. 9,044
218
(d) The department of human services shall adopt rules 9,046
that provide for both of the following: 9,047
(i) The return to the appropriate person of any funds that 9,049
a child support enforcement agency has impounded under division 9,050
(E)(4)(b) of this section, if the administrative support order 9,051
under which the funds were paid has been terminated pursuant to 9,052
divisions (E)(4)(a) and (b) of this section; 9,053
(ii) The return to the appropriate person of any other 9,055
payments made pursuant to an administrative support order, if the 9,056
payments were made at any time after the administrative support 9,057
order under which the funds were paid has been terminated 9,058
pursuant to divisions (E)(4)(a) and (b) of this section. 9,059
(5) If any party to an administrative support order 9,061
requests a modification of the administrative support order or if 9,062
any obligee under an administrative support order or any person 9,063
on behalf of the obligee files any action to enforce an 9,064
administrative support order with the agency, the agency shall 9,065
proceed as provided in sections 3111.20 to 3111.28 and 3113.21 to 9,067
3113.219 of the Revised Code.
(F)(1) Upon receipt of a notice that a lump-sum payment of 9,069
five hundred dollars or more is to be paid to the obligor, the 9,070
agency shall do either of the following: 9,071
(a) If the obligor is in default under the administrative 9,073
support order or has any unpaid arrearages under the 9,074
administrative support order, issue an administrative order 9,075
requiring the transmittal of the lump-sum payment to the child 9,076
support enforcement agency; 9,077
(b) If the obligor is not in default under the 9,079
administrative support order and does not have any unpaid 9,080
arrearages under the support order, issue an administrative order 9,081
directing the person who gave the notice to the agency to 9,082
immediately pay the full amount of the lump-sum payment to the 9,083
obligor. 9,084
(2) Upon receipt of any moneys pursuant to division 9,086
219
(F)(1)(a) of this section, a child support enforcement agency 9,087
shall pay the amount of the lump-sum payment that is necessary to 9,088
discharge all of the obligor's arrearages to the obligee and, 9,089
within two business days after its receipt of the money, any 9,090
amount that is remaining after the payment of the arrearages to 9,091
the obligor. 9,092
(G)(1) Any administrative support order, or modification 9,094
of an administrative support order, that is subject to this 9,095
section shall contain the date of birth and social security 9,096
number of the obligor. 9,097
(2) No withholding or deduction notice described in 9,099
division (B) of this section shall contain any information other 9,100
than the information specifically required by division (B) or 9,101
(G)(3) of this section or by any other section of the Revised 9,102
Code and any additional information that the issuing agency 9,103
determines may be necessary to comply with the notice. 9,104
(3) Each withholding or deduction notice described in 9,106
division (B) of this section shall include notice of all of the 9,107
following: 9,108
(a) That the child support enforcement agency may bring an 9,110
action under section 3111.28 of the Revised Code requesting the 9,111
court to find the employer, financial institution, employer that 9,113
is paying the obligor's workers' compensation benefits, public 9,114
employees retirement board, board, board of trustees, or other 9,115
governing entity of any municipal retirement system, board of 9,116
trustees of the police and firemen's disability and pension fund, 9,117
state teachers retirement board, school employees retirement 9,119
board, state highway patrol retirement board, person paying or 9,120
otherwise distributing an obligor's income, or bureau of workers' 9,121
compensation in contempt pursuant to section 2705.02 of the 9,122
Revised Code if the employer, financial institution, employer 9,123
that is paying the obligor's workers' compensation benefits, 9,124
public employees retirement board, board, board of trustees, or 9,125
other governing entity of the municipal retirement system, board 9,126
220
of trustees of the police and firemen's disability and pension 9,127
fund, state teachers retirement board, school employees 9,128
retirement board, state highway patrol retirement board, person 9,130
paying or otherwise distributing the obligor's income, or bureau 9,131
of workers' compensation fails to comply with the withholding or 9,132
deduction notice;
(b) That, if the employer, financial institution, employer 9,134
that is paying the obligor's workers' compensation benefits, 9,135
public employees retirement board, board, board of trustees, or 9,136
other governing entity of the municipal retirement system, board 9,137
of trustees of the police and firemen's disability and pension 9,139
fund, state teachers retirement board, school employees 9,140
retirement board, state highway patrol retirement board, person 9,141
paying or otherwise distributing an obligor's income, or bureau 9,142
of workers' compensation fails to comply with the withholding or 9,143
deduction notice, that failure to comply is contempt pursuant to 9,146
section 2705.02 of the Revised Code.
(H) No withholding or deduction notice described in 9,148
division (B) of this section and issued under this section or any 9,149
other section of the Revised Code shall be terminated solely 9,150
because the obligor pays any part or all of the arrearages under 9,151
the administrative support order. 9,152
(I)(1) Except as provided in division (I)(2) of this 9,154
section and section 2301.42 of the Revised Code and the rules 9,155
adopted pursuant to division (C) of that section, if child 9,156
support arrearages are owed by an obligor to the obligee and to 9,158
the department of human services, any payments received on the 9,159
arrearages by the child support enforcement agency first shall be 9,160
paid to the obligee until the arrearages owed to the obligee are 9,161
paid in full.
(2) Division (I)(1) of this section does not apply to the 9,163
collection of past-due child support from refunds of paid federal 9,164
taxes pursuant to section 5101.32 of the Revised Code or of 9,165
overdue child support from refunds of paid state income taxes 9,166
221
pursuant to sections 5101.321 and 5747.121 of the Revised Code. 9,167
Sec. 3113.06. No father, or mother when she is charged 9,176
with the maintenance, of a child under eighteen years of age, or 9,178
a mentally or physically handicapped child under age twenty-one, 9,179
who is legally a ward of a county PUBLIC children services board 9,180
or of a county department of human services AGENCY or is the 9,181
recipient of aid pursuant to Chapter 5107. or 5115. of the 9,183
Revised Code, shall neglect or refuse to pay such board or 9,184
department AGENCY the reasonable cost of maintaining such child 9,186
when such father or mother is able to do so by reason of 9,187
property, labor, or earnings.
An offense under this section shall be held committed in 9,189
the county in which the board or department AGENCY is located. 9,190
The board or department AGENCY shall file charges against any 9,191
parent who violates this section, unless the board or department 9,192
AGENCY files charges under section 2919.21 of the Revised Code, 9,194
or unless charges of nonsupport are filed by a relative or 9,195
guardian of the child, or unless an action to enforce support is 9,196
brought under Chapter 3115. of the Revised Code. 9,197
Sec. 3113.07. As used in this section, "executive 9,207
director" has the same meaning as in section 5153.01 of the 9,208
Revised Code. 9,209
Sentence may be suspended, if a person, after conviction 9,211
under section 3113.06 of the Revised Code and before sentence 9,212
thereunder, appears before the court of common pleas in which 9,213
such conviction took place and enters into bond to the state in a 9,214
sum fixed by the court at not less than five hundred dollars, 9,215
with sureties approved by such court, conditioned that such 9,216
person will pay, so long as the child remains a ward of the 9,217
county PUBLIC children services board or county department of 9,218
human services AGENCY or a recipient of aid pursuant to Chapter 9,219
5107. or 5115. of the Revised Code, to the executive director 9,221
thereof or to a trustee to be named by the court, for the benefit 9,222
of such department or board AGENCY or if the child is a recipient 9,223
222
of aid pursuant to Chapter 5107. or 5115. of the Revised Code, to 9,225
the county department of human services, the reasonable cost of 9,226
keeping such child. The amount of such costs and the time of
payment shall be fixed by the court. 9,227
Sec. 3113.21. (A)(1) In any action in which support is 9,236
ordered under Chapter 3115. or under section 2151.23, 2151.33, 9,237
2151.36, 2151.49, 3105.18, 3105.21, 3109.05, 3109.19, 3111.13, 9,239
3113.04, 3113.07, 3113.216, or 3113.31 of the Revised Code, the 9,241
court shall require the withholding or deduction of wages or 9,242
assets of the obligor in accordance with division (D) of this 9,243
section or require the issuance of another type of appropriate 9,244
court order in accordance with division (D)(6) or (7) or (H) of 9,245
this section to ensure that withholding or deduction from the 9,246
wages or assets of the obligor is available from the commencement 9,247
of the support order for the collection of the support and any 9,248
arrearages that occur. The court shall determine the specific 9,249
withholding or deduction requirements or other appropriate 9,250
requirements applicable to the obligor under the support order in 9,251
accordance with divisions (D) and (H) of this section and section 9,252
2301.371 of the Revised Code and shall include the specific 9,253
requirements in the notices described in divisions (A)(2) and (D) 9,254
of this section or in the court orders described in divisions 9,255
(A)(2), (D)(6) or (7), and (H) of this section. Any person 9,256
required to comply with any withholding or deduction requirement 9,257
shall determine the manner of withholding or deducting from the 9,258
specific requirement included in the notices described in those 9,259
divisions without the need for any amendment to the support 9,260
order, and any person required to comply with a court order 9,261
described in division (D)(6), (D)(7), or (H) of this section 9,262
shall comply with the court order without the need for any 9,263
amendment to the support order. The court shall include in any 9,264
action in which support is ordered as described in division 9,265
(A)(1) of this section a general provision that states the 9,266
following:
223
"All child support and spousal support under this order 9,269
shall be withheld or deducted from the wages or assets of the 9,270
obligor pursuant to a withholding or deduction notice or 9,271
appropriate court order issued in accordance with section 3113.21 9,272
of the Revised Code and shall be forwarded to the obligee in 9,273
accordance with sections 3113.21 to 3113.214 of the Revised 9,275
Code."
(2) In any action in which support is ordered or modified 9,277
as described in division (A)(1) of this section, the court shall 9,278
determine in accordance with divisions (D) and (H) of this 9,279
section the types of withholding or deduction requirements or 9,280
other appropriate requirements that should be imposed relative to 9,281
the obligor under the support order to collect the support due 9,282
under the order. Within fifteen days after the obligor under the 9,283
support order is located subsequent to the issuance of the 9,284
support order or within fifteen days after the default under the 9,286
support order, whichever is applicable, the court or the child 9,287
support enforcement agency, as determined by agreement of the 9,288
court and the agency, shall send a notice by regular mail to each 9,289
person required to comply with a withholding or deduction 9,290
requirement. The notice shall specify the withholding or 9,291
deduction requirement and shall contain all of the information 9,292
set forth in division (D)(1)(b), (2)(b), (3)(b), (4)(b), or 9,293
(5)(b) of this section that is applicable to the requirement. If 9,294
the appropriate requirement is an order of the type described in 9,295
division (D)(6), (D)(7), or (H) of this section, the court shall 9,296
issue and send a court order in accordance with that division. 9,297
The notices and court orders, and the notices provided by the 9,298
court or child support enforcement agency that require the 9,299
obligor to notify the agency of any change in the obligor's 9,300
employment status or of any other change in the status of the 9,301
obligor's assets, are final and are enforceable by the court. 9,302
When the court or agency issues a notice, it shall provide the 9,303
notice to the obligor in accordance with division (D)(1)(c), 9,304
224
(D)(2)(c), (D)(3)(c), (D)(4)(c), or (D)(5)(c) of this section, 9,305
whichever is applicable, and shall include with the notice the 9,306
additional notices described in the particular division that is 9,307
applicable.
(3)(a) If support is ordered or modified on or after 9,309
December 31, 1993, under Chapter 3115. or under section 2151.23, 9,310
2151.33, 2151.36, 2151.49, 3105.18, 3105.21, 3109.05, 3109.19, 9,312
3111.13, 3113.04, 3113.07, 3113.216, or 3113.31 of the Revised 9,313
Code, if the court has determined in accordance with division 9,314
(A)(2) of this section the types of withholding or deduction 9,315
requirements or other appropriate requirements that should be 9,316
imposed relative to the obligor under the support order to 9,317
collect the support due under the order, if the court or a child 9,318
support enforcement agency has mailed the appropriate notice to 9,319
the person required to comply with the withholding or deduction 9,320
requirements that the court has determined should be imposed or 9,321
the court has issued and sent a court order described in division 9,322
(D)(6), (D)(7), or (H) of this section containing the other 9,323
appropriate requirements that the court determined should be 9,324
imposed, and if the child support enforcement agency is notified 9,325
or otherwise determines that the employment status or other 9,326
circumstances of the obligor have changed and that it is more 9,327
appropriate to impose another type of or an additional 9,328
withholding or deduction requirement or another type of or 9,329
additional court order containing another appropriate
requirement, the agency immediately shall comply with section 9,330
3113.212 of the Revised Code. The notices and court orders 9,331
issued under this division and section 3113.212 of the Revised 9,332
Code, and the notices provided by the court or child support 9,333
enforcement agency that require the obligor to notify the agency 9,334
of any change in the obligor's employment status or of any other 9,335
change in the status of the obligor's assets, are final and are 9,337
enforceable by the court.
(b) If support has been ordered prior to December 31, 9,339
225
1993, under Chapter 3115. or under section 2151.23, 2151.33, 9,340
2151.36, 2151.49, 3105.18, 3105.21, 3109.05, 3109.19, 3111.13, 9,341
3113.04, 3113.07, 3113.216, or 3113.31 of the Revised Code, if 9,342
the support order has not been modified on or after December 31, 9,343
1993, if division (B) of this section has not been applied on or 9,344
after December 31, 1993, regarding a default under the order, if 9,345
the support order includes a provision that is substantively 9,346
comparable to the general provision described in division (A)(1) 9,347
of this section that must be included in all support orders 9,348
issued or modified on or after December 31, 1993, and if the 9,349
child support enforcement agency is notified or otherwise 9,350
determines that the employment status or other circumstances of 9,351
the obligor under the support order have changed so that it is 9,352
appropriate to impose a withholding or deduction requirement or 9,353
another type of or additional appropriate requirement as 9,354
described in division (D) of this section to collect the support 9,355
due under the order, the agency shall comply with section 9,356
3113.212 of the Revised Code as if the support order had been 9,357
issued or modified on or after December 31, 1993, and as if it 9,358
included the general provision described in division (A)(1) of 9,359
this section that must be included in all support orders issued 9,360
or modified on or after that date. The notices and court orders 9,361
issued under this provision and section 3113.212 of the Revised 9,362
Code, and the notices provided by the court or child support 9,363
enforcement agency that require the obligor to notify the agency 9,364
of any change in the obligor's employment status or of any other 9,365
change in the status of the obligor's assets, are final and are 9,366
enforceable by the court.
(c) If support has been ordered prior to December 31, 9,368
1993, under Chapter 3115. or under section 2151.23, 2151.33, 9,369
2151.36, 2151.49, 3105.18, 3105.21, 3109.05, 3109.19, 3111.13, 9,370
3113.04, 3113.07, 3113.216, or 3113.31 of the Revised Code, if 9,371
the support order has not been modified on or after December 31, 9,372
1993, if division (B) of this section has not been applied on or 9,373
226
after December 31, 1993, regarding a default under the order, if 9,374
the support order does not include a provision that is 9,375
substantively comparable to the general provision described in 9,376
division (A)(1) of this section that must be included in all 9,377
support orders issued or modified on or after December 31, 1993, 9,378
and if the child support enforcement agency is notified or 9,379
otherwise determines that the employment status or other 9,380
circumstances of the obligor under the support order have changed 9,381
so that it is appropriate to impose a withholding or deduction 9,382
requirement or another type of or additional appropriate 9,383
requirement as described in division (D) of this section to 9,384
collect the support due under the order, the agency may request 9,385
the court to reissue the support order in question to be 9,386
identical to the support order except for a general provision as 9,387
described in division (A) of this section requiring the 9,388
withholding or deduction of wages or assets of the obligor in 9,389
accordance with division (D) of this section or requiring the 9,390
issuance of a court order containing another type of appropriate 9,391
requirement in accordance with division (D)(6), (D)(7), or (H) of 9,392
this section to ensure that withholding or deduction from the 9,393
wages or assets of the obligor is available for the collection of 9,394
current support and any arrearages that occur. Upon the receipt 9,395
of a request from an agency, the court may reissue the order in 9,396
accordance with this division. If the court reissues the order, 9,397
the general provision for the withholding or deduction of wages 9,398
or assets to be included in the reissued support order 9,399
specifically shall include the statement prescribed in division 9,400
(B)(1) of this section. Except for the inclusion of the general 9,401
provision, the provisions of a reissued order under this division 9,402
shall be identical to the support order in question, and the 9,403
court or child support enforcement agency shall issue one or more 9,404
notices requiring withholding or deduction of wages or assets of 9,405
the obligor in accordance with divisions (A)(2) and (D) of this 9,406
section, or the court shall issue one or more court orders 9,407
227
imposing other appropriate requirements in accordance with 9,408
division (A)(2) and division (D)(6), (D)(7), or (H) of this 9,409
section. The notices shall be mailed within fifteen days after 9,410
the obligor under the support order is located or within fifteen 9,411
days after the default under the support order, whichever is 9,412
applicable. Thereafter, section 3113.212 of the Revised Code 9,413
applies to the issuance of notices and court orders under those 9,414
divisions with respect to that support order. The notices and 9,415
court orders issued under this division and section 3113.212 of 9,416
the Revised Code, and the notices provided by the court or child 9,417
support enforcement agency that require the obligor to notify the 9,418
agency of any change in the obligor's employment status or of any 9,419
other change in the status of the obligor's assets, are final and 9,420
are enforceable by the court.
(4) The department of human services shall adopt standard 9,422
forms for the support withholding and deduction notices that are 9,423
prescribed by divisions (A)(1) to (3) and (B) of this section. 9,424
All courts and child support enforcement agencies shall use the 9,425
forms in issuing withholding and deduction notices in compliance 9,426
with this section. 9,427
(B)(1)(a) In any action in which support is ordered under 9,429
Chapter 3115. or under section 2151.23, 2151.33, 2151.36, 9,430
2151.49, 3105.18, 3105.21, 3109.05, 3109.19, 3111.13, 3111.20, 9,431
3111.21, 3111.22, 3113.04, 3113.07, 3113.216, or 3113.31 of the 9,433
Revised Code and in which there has been a default under the 9,434
order, the court shall comply with divisions (B)(1) to (6) of 9,435
this section.
If the support was ordered prior to December 31, 1993, or 9,437
pursuant to section 3111.20, 3111.21, or 3111.22 of the Revised 9,438
Code, the court shall reissue the support order under which there 9,439
has been a default and shall include in the reissued order a 9,440
general provision as described in this division requiring the 9,441
withholding or deduction of wages or assets of the obligor in 9,442
accordance with division (D) of this section or requiring the 9,443
228
issuance of a court order containing another type of appropriate 9,444
requirement in accordance with division (D)(6), (D)(7), or (H) of 9,445
this section to ensure that withholding or deduction from the 9,446
wages or assets is available for the collection of current 9,447
support and any arrearages that occur. If the support was ordered 9,449
pursuant to section 3111.20, 3111.21, or 3111.22 of the Revised 9,451
Code and the support order includes a general provision similar
to the one described in this division, the court shall replace 9,453
the similar general provision with the general provision 9,454
described in this division. Except for the inclusion or
replacement of the general provision, the provisions of the 9,456
reissued order required under this division shall be identical to 9,457
those of the support order under which there has been a default. 9,458
Regardless of when the support was ordered, when support 9,460
has been ordered under any chapter or section described in this 9,461
division, the child support enforcement agency shall initiate 9,462
support withholding when the order is in default. Immediately 9,463
after the identification of a default under the support order, 9,465
the child support enforcement agency shall conduct the 9,466
investigation described in division (B)(1)(b) of this section. 9,467
Additionally, within fifteen calendar days after the 9,468
identification of a default under the support order, the child 9,469
support enforcement agency shall investigate the default and send 9,470
advance notice to the obligor. The advance notice shall include 9,471
a notice describing the actions that may be taken against the 9,472
obligor pursuant to sections 2301.373 and 2301.374 of the Revised 9,473
Code if the court or agency makes a final and enforceable 9,474
determination that the obligor is in default pursuant to this 9,475
division. If the location of the obligor is unknown at the time 9,477
of the identification of a default under the support order, the 9,478
agency shall send the advance notice to the obligor within
fifteen days after the agency locates the obligor. The general 9,479
provision for the withholding or deduction of wages or assets to 9,480
be included in the reissued support order specifically shall 9,481
229
include the following statement: 9,482
"All child support and spousal support under this order 9,485
shall be withheld or deducted from the wages or assets of the 9,486
obligor pursuant to a withholding or deduction notice or 9,487
appropriate court order issued in accordance with section 3113.21 9,488
of the Revised Code and shall be forwarded to the obligee in
accordance with sections 3113.21 to 3113.214 of the Revised 9,489
Code."
(b) After the identification of a default under a support 9,491
order as described in division (B)(1)(a) of this section, the 9,492
child support enforcement agency immediately shall conduct an 9,493
investigation to determine the employment status of the obligor, 9,494
the obligor's social security number, the name and business 9,495
address of the obligor's employer, whether the obligor is in 9,496
default under a support order, the amount of any arrearages, and 9,497
any other information necessary to enable the court or agency to 9,498
impose any withholding or deduction requirements and issue the 9,499
related notices described in division (D) of this section or to 9,500
issue any court orders described in division (D)(6) or (7) of 9,501
this section. The agency also shall conduct an investigation 9,502
under this division when required by division (C)(1)(a) or (b) of 9,503
this section, shall complete the investigation within twenty days 9,504
after the obligor or obligee files the motion with the court 9,505
under division (C)(1)(a) of this section or the court orders the 9,506
investigation under division (C)(1)(b) of this section, and shall 9,507
conduct an investigation under this division when required by 9,508
section 3113.214 of the Revised Code. 9,509
(2) An advance notice to an obligor required by division 9,511
(B)(1) of this section shall contain all of the following: 9,512
(a) A statement of the date on which the advance notice is 9,514
sent, the amount of arrearages owed by the obligor as determined 9,515
by the court or the child support enforcement agency, the types 9,516
of withholding or deduction requirements and related notices 9,517
described in division (D) of this section or the types of court 9,518
230
orders described in division (D)(6), (D)(7), or (H) of this 9,519
section that will be issued to pay support and any arrearages, 9,520
and the amount that will be withheld or deducted pursuant to 9,521
those requirements; 9,522
(b) A statement that any notice for the withholding or 9,524
deduction of an amount from personal earnings or other income or 9,525
assets apply to all subsequent employers of the obligor, 9,526
financial institutions in which the obligor has an account, and 9,527
other persons or entities who pay or distribute income to the 9,528
obligor and that any withholding or deduction requirement and 9,529
related notice described in division (D) of this section or any 9,530
court order described in division (D)(6), (D)(7), or (H) of this 9,531
section that is issued will not be discontinued solely because 9,532
the obligor pays any arrearages; 9,533
(c) An explanation of the administrative and court action 9,535
that will take place if the obligor contests the inclusion of any 9,536
of the provisions; 9,537
(d) A statement that the contents of the advance notice 9,539
are final and are enforceable by the court unless the obligor 9,540
files with the child support enforcement agency, within seven 9,541
days after the date on which the advance notice is sent, a 9,542
written request for an administrative hearing to determine if a 9,543
mistake of fact was made in the notice. 9,544
(3) If the obligor requests a hearing regarding the 9,546
advance notice in accordance with division (B)(2)(d) of this 9,547
section, the child support enforcement agency shall conduct an 9,548
administrative hearing no later than ten days after the date on 9,549
which the obligor files the request for the hearing. No later 9,550
than five days before the date on which the hearing is to be 9,551
conducted, the agency shall send the obligor and the obligee 9,552
written notice of the date, time, place, and purpose of the 9,553
hearing. The notice to the obligor and obligee also shall 9,554
indicate that the obligor may present testimony and evidence at 9,555
the hearing only in regard to the issue of whether a mistake of 9,556
231
fact was made in the advance notice. 9,557
At the hearing, the child support enforcement agency shall 9,559
determine whether a mistake of fact was made in the advance 9,560
notice. If it determines that a mistake of fact was made, the 9,561
agency shall determine the provisions that should be changed and 9,562
included in a corrected notice and shall correct the advance 9,563
notice accordingly. The agency shall send its determinations to 9,564
the obligor. The agency's determinations are final and are 9,565
enforceable by the court unless, within seven days after the 9,566
agency makes it ITS determinations, the obligor files a written 9,567
motion with the court for a court hearing to determine if a 9,568
mistake of fact still exists in the advance notice or corrected 9,569
advance notice. 9,570
(4) If, within seven days after the agency makes its 9,572
determinations under division (B)(3) of this section, the obligor 9,573
files a written motion for a court hearing to determine if a 9,574
mistake of fact still exists in the advance notice or the 9,575
corrected advance notice, the court shall hold a hearing on the 9,576
request as soon as possible, but no later than ten days, after 9,577
the request is filed. If the obligor requests a court hearing, 9,578
no later than five days before the date on which the court 9,579
hearing is to be held, the court shall send the obligor and the 9,580
obligee written notice by ordinary mail of the date, time, place, 9,581
and purpose of the court hearing. The hearing shall be limited 9,582
to a determination of whether there is a mistake of fact in the 9,583
advance notice or the corrected advance notice. 9,584
If, at a hearing conducted under this division, the court 9,586
detects a mistake of fact in the advance notice or the corrected 9,587
advance notice, it immediately shall correct the notice. 9,588
(5) Upon exhaustion of all rights of the obligor to 9,590
contest the withholding or deduction on the basis of a mistake of 9,591
fact and no later than the expiration of forty-five days after 9,592
the issuance of the advance notice under division (B)(1) of this 9,593
section, the court or child support enforcement agency shall 9,594
232
issue one or more notices requiring withholding or deduction of 9,595
wages or assets of the obligor in accordance with divisions 9,596
(A)(2) and (D) of this section, or the court shall issue one or 9,597
more court orders imposing other appropriate requirements in 9,598
accordance with division (A)(2) and division (D)(6), (D)(7), or 9,599
(H) of this section. Thereafter, section 3113.212 of the Revised 9,600
Code applies in relation to the issuance of the notices and court 9,601
orders. The notices and court orders issued under this division 9,602
or section 3113.212 of the Revised Code are final and are 9,603
enforceable by the court. The court or agency shall send to the 9,604
obligor by ordinary mail a copy of the withholding or deduction 9,605
notice, in accordance with division (D) of this section. The 9,606
failure of the court or agency to give the notice required by 9,607
this division does not affect the ability of any court to issue 9,608
any notice or order under this section or any other section of 9,609
the Revised Code for the payment of support, does not provide any 9,610
defense to any notice or order for the payment of support that is 9,611
issued under this section or any other section of the Revised 9,612
Code, and does not affect any obligation to pay support. 9,613
(6) The department of human services shall adopt standard 9,615
forms for the advance notice prescribed by divisions (B)(1) to 9,616
(5) of this section. All courts and child support enforcement 9,617
agencies shall use those forms, and the support withholding and 9,618
deduction notice forms adopted under division (A)(4) of this 9,619
section, in complying with this section. 9,620
(C)(1) In any action in which support is ordered under 9,622
Chapter 3115. or under section 2151.23, 2151.33, 2151.36, 9,623
2151.49, 3105.18, 3105.21, 3109.05, 3109.19, 3111.13, 3113.04, 9,624
3113.07, 3113.216, or 3113.31 of the Revised Code, all of the 9,626
following apply:
(a) The obligor or obligee under the order may file a 9,628
motion with the court that issued the order requesting the 9,629
issuance of one or more withholding or deduction notices as 9,630
described in division (D) of this section to pay the support due 9,631
233
under the order. The motion may be filed at any time after the 9,632
support order is issued. Upon the filing of a motion pursuant to 9,633
this division, the child support enforcement agency immediately 9,634
shall conduct, and shall complete within twenty days after the 9,635
motion is filed, an investigation in accordance with division 9,636
(B)(1)(b) of this section. Upon the completion of the 9,637
investigation and the filing of the agency's report under 9,638
division (B)(1)(b) of this section, the court shall issue one or 9,639
more appropriate orders described in division (D) of this 9,640
section. 9,641
(b) If any proceedings involving the support order that 9,643
was issued before, on, or after December 1, 1986, are commenced 9,644
in the court and if the court prior to the effective date of this 9,645
amendment has not issued any orders under division (D) of this 9,646
section with respect to the support order, if the court 9,647
determines that any orders issued prior to the effective date of 9,648
this amendment under division (D) of this section no longer are 9,649
appropriate, if the court on or after the effective date of this 9,650
amendment has not modified or reissued the support order under 9,651
division (A) or (B) of this section and issued any notices under 9,652
division (D) or court orders under division (D)(6) or (7) of this 9,653
section, or if the court on or after the effective date of this 9,654
amendment has modified or reissued the support order under 9,655
division (A) or (B) of this section and issued one or more 9,656
notices under division (D) or one or more court orders under 9,657
division (D)(6) or (7) of this section but determines that the 9,658
notices or court orders no longer are appropriate, the court, 9,659
prior to or during any hearings held with respect to the 9,660
proceedings and prior to the conclusion of the proceedings, shall 9,661
order the child support enforcement agency to conduct an 9,662
investigation pursuant to division (B)(1)(b) of this section. 9,663
Upon the filing of the findings of the agency following the 9,664
investigation, the court, as necessary, shall issue one or more 9,665
notices described in division (D) or one or more court orders 9,666
234
described in division (D)(6) or (7) of this section or modify any 9,667
notices previously issued under division (D) or any court orders 9,668
previously issued under division (D)(6) or (7) of this section. 9,669
(c)(i) If a child support enforcement agency, in 9,671
accordance with section 3113.216 of the Revised Code, requests 9,672
the court to issue a revised child support order in accordance 9,673
with a revised amount of child support calculated by the agency, 9,674
the court shall proceed as described in this division. If 9,675
neither the obligor nor the obligee requests a court hearing on 9,676
the revised amount of child support, the court shall issue a 9,677
revised child support order requiring the obligor to pay the 9,678
revised amount of child support calculated by the agency. 9,679
However, if the obligor or the obligee requests a court hearing 9,680
on the revised amount of child support calculated by the agency, 9,681
the court, in accordance with division (C)(1)(c)(ii) of this 9,682
section, shall schedule and conduct a hearing to determine if the 9,683
revised amount of child support is the appropriate amount and if 9,684
the amount of child support being paid under the child support 9,685
order otherwise should be revised. 9,686
(ii) If the court is required to schedule and conduct a 9,688
hearing pursuant to division (C)(1)(c)(i) of this section, the 9,689
court shall give the obligor, obligee, and agency at least thirty 9,690
days' notice of the date, time, and location of the hearing; 9,691
order the obligor to provide the court with a copy of the 9,692
obligor's federal income tax return from the previous year, a 9,693
copy of all pay stubs obtained by the obligor within the 9,694
preceding six months, and a copy of all other records evidencing 9,695
the receipt of any other salary, wages, or compensation by the 9,696
obligor within the preceding six months, if the obligor failed to 9,697
provide any of those documents to the agency, and order the 9,698
obligee to provide the court with a copy of the obligee's federal 9,699
income tax return from the previous year, a copy of all pay stubs 9,700
obtained by the obligee within the preceding six months, and a 9,701
copy of all other records evidencing the receipt of any other 9,702
235
salary, wages, or compensation by the obligee within the 9,703
preceding six months, if the obligee failed to provide any of 9,704
those documents to the agency; give the obligor and the obligee 9,705
notice that any willful failure to comply with that court order 9,706
is contempt of court and, upon a finding by the court that the 9,707
party is in contempt of court, the court and the agency will take 9,708
any action necessary to obtain the information or make any 9,709
reasonable assumptions necessary with respect to the income of 9,710
the person in contempt of court to ensure a fair and equitable 9,711
review of the child support order; issue a revised child support 9,712
order requiring the obligor to pay the revised amount of child 9,713
support calculated by the agency, if the court determines at the 9,714
hearing that the revised amount of child support calculated by 9,715
the agency is the appropriate amount; and determine the 9,716
appropriate amount of child support and, if necessary, issue a 9,717
revised child support order requiring the obligor to pay the 9,718
amount of child support determined by the court, if the court 9,719
determines that the revised amount of child support calculated by 9,720
the agency is not the appropriate amount. 9,721
(iii) In determining, at a hearing conducted under 9,723
divisions (C)(1)(c)(i) and (ii) of this section, the appropriate 9,724
amount of child support to be paid by the obligor, the court 9,725
shall consider, in addition to all other factors required by law 9,726
to be considered, the cost of health insurance which the obligor, 9,727
the obligee, or both the obligor and the obligee have been 9,728
ordered to obtain for the children specified in the order. 9,729
(d) On or after July 1, 1990, the court shall issue any 9,731
order required by section 3113.217 of the Revised Code. 9,732
(e)(i) On or after July 1, 1990, an obligee under a child 9,734
support order may file a motion with the court that issued the 9,735
order requesting the court to modify the order to require the 9,736
obligor to obtain health insurance coverage for the children who 9,737
are the subject of the order, and on or after July 1, 1990, an 9,738
obligor under a child support order may file a motion with the 9,739
236
court that issued the order requesting the court to modify the 9,740
order to require the obligee to obtain health insurance coverage 9,741
for those children. Upon the filing of such a motion, the court 9,742
shall order the child support enforcement agency to conduct an 9,743
investigation to determine whether the obligor or obligee has 9,744
satisfactory health insurance coverage for the children. Upon 9,745
completion of its investigation, the agency shall inform the 9,746
court, in writing, of its determination. If the court determines 9,747
that neither the obligor nor the obligee has satisfactory health 9,748
insurance coverage for the children, it shall issue an order in 9,749
accordance with section 3113.217 of the Revised Code. 9,750
(ii) On or after July 1, 1990, an obligor or obligee under 9,752
a child support order may file a motion with the court that 9,753
issued the order requesting the court to modify the amount of 9,754
child support required to be paid under the order because that 9,755
amount does not adequately cover the medical needs of the child. 9,756
Upon the filing of such a motion, the court shall determine 9,757
whether the amount of child support required to be paid under the 9,758
order adequately covers the medical needs of the child and 9,759
whether to modify the order, in accordance with division (B)(4) 9,760
of section 3113.215 of the Revised Code. 9,761
(f) Whenever a court modifies, reviews, or otherwise 9,763
reconsiders a child support order, it may reconsider which parent 9,764
may claim the children who are the subject of the child support 9,765
order as dependents for federal income tax purposes as set forth 9,766
in section 151 of the "Internal Revenue Code of 1986," 100 Stat. 9,767
2085, 26 U.S.C. 1, as amended, and shall issue its determination 9,768
on this issue as part of the child support order. The court in 9,769
its order may permit the parent who is not the residential parent 9,770
and legal custodian to claim the children as dependents for 9,771
federal income tax purposes only if the payments for child 9,772
support are current in full as ordered by the court for the year 9,773
in which the children will be claimed as dependents. If the 9,774
court determines that the parent who is not the residential 9,775
237
parent and legal custodian may claim the children as dependents 9,776
for federal income tax purposes, it shall order the residential 9,777
parent to take whatever action is necessary pursuant to section 9,778
152 of the "Internal Revenue Code of 1986," 100 Stat. 2085, 26 9,779
U.S.C. 1, as amended, to enable the parent who is not the 9,780
residential parent and legal custodian to claim the children as 9,781
dependents for federal income tax purposes in accordance with the 9,782
order of the court. Any willful failure of the residential 9,783
parent to comply with the order of the court is contempt of 9,784
court. 9,785
(g) If the order is a child support order issued on or 9,787
after July 1, 1990, or if the order modifies, on or after July 1, 9,788
1990, a prior child support order, the court shall include in the 9,789
order all of the requirements, specifications, and statements 9,790
described in division (B) of section 3113.218 of the Revised 9,791
Code. 9,792
(2) In any action in which a support order is issued, on 9,794
or after December 1, 1986, under Chapter 3115. or under section 9,795
2151.23, 2151.33, 2151.36, 2151.49, 3105.18, 3105.21, 3109.05, 9,796
3109.19, 3111.13, 3113.04, 3113.07, 3113.216, or 3113.31 of the 9,799
Revised Code, the court issuing the order also shall conduct a 9,800
hearing, prior to or at the time of the issuance of the support 9,801
order, to determine the employment status of the obligor, the 9,802
obligor's social security number, the name and business address 9,803
of the obligor's employer, and any other information necessary to 9,804
enable the court or a child support enforcement agency to issue 9,805
any withholding or deduction notice described in division (D) of 9,806
this section or for the court to issue a court order described in 9,807
division (D)(6) or (7) of this section. The court, prior to the 9,808
hearing, shall give the obligor notice of the hearing that shall 9,809
include the date on which the notice is given and notice that the 9,810
obligor is subject to a requirement for the withholding of a 9,811
specified amount from personal earnings if employed and to one or 9,812
more other types of withholding or deduction requirements 9,813
238
described in division (D) or one or more types of court orders 9,814
described in division (D)(6) or (7) of this section and that the 9,815
obligor may present evidence and testimony at the hearing to 9,816
prove that any of the requirements would not be proper because of 9,817
a mistake of fact. 9,818
The court or child support enforcement agency, immediately 9,820
upon the court's completion of the hearing, shall issue one or 9,821
more of the types of notices described in division (D) of this 9,822
section imposing a withholding or deduction requirement, or the 9,823
court shall issue one or more types of court orders described in 9,824
division (D)(6) or (7) of this section. 9,825
(D) If a court or child support enforcement agency is 9,827
required under division (A), (B), or (C) of this section or any 9,828
other section of the Revised Code to issue one or more 9,829
withholding or deduction notices described in this division or 9,830
court orders described in division (D)(6) or (7) of this section, 9,831
the court shall issue one or more of the following types of 9,832
notices or court orders, or the agency shall issue one or more of 9,833
the following types of notices to pay the support required under 9,834
the support order in question and also, if required by any of 9,835
those divisions, any other section of the Revised Code, or the 9,836
court, to pay any arrearages: 9,837
(1)(a) If the court or the child support enforcement 9,839
agency determines that the obligor is employed, the court or 9,840
agency shall require the obligor's employer to withhold from the 9,841
obligor's personal earnings a specified amount for support in 9,842
satisfaction of the support order, to begin the withholding no 9,843
later than the first pay period that occurs after fourteen 9,844
working days following the date the notice was mailed to the 9,845
employer under divisions (A)(2) or (B) and (D)(1)(b) of this 9,846
section, to send the amount withheld to the child support 9,847
enforcement agency designated for that county pursuant to section 9,848
2301.35 of the Revised Code, to send that amount to the agency 9,849
immediately but not later than ten days after the date the 9,850
239
obligor is paid, and to continue the withholding at intervals 9,851
specified in the notice until further notice from the court or 9,852
agency. To the extent possible, the amount specified in the 9,853
notice to be withheld shall satisfy the amount ordered for 9,854
support in the support order plus any arrearages that may be owed 9,855
by the obligor under any prior support order that pertained to 9,856
the same child or spouse, notwithstanding the limitations of 9,857
sections 2329.66, 2329.70, 2716.02, and 2716.05 of the Revised 9,858
Code. However, in no case shall the sum of the amount specified 9,859
in the notice to be withheld and any fee withheld by the employer 9,860
as a charge for its services exceed the maximum amount permitted 9,861
under section 303(b) of the "Consumer Credit Protection Act," 15 9,862
U.S.C. 1673(b). 9,863
(b) If the court or agency imposes a withholding 9,865
requirement under division (D)(1)(a) of this section, it, within 9,866
the applicable period of time specified in division (A), (B), or 9,867
(C) of this section, shall send to the obligor's employer by 9,868
regular mail a notice that contains all of the information set 9,869
forth in divisions (D)(1)(b)(i) to (xi) of this section. The 9,870
notice is final and is enforceable by the court. The notice 9,871
shall contain all of the following: 9,872
(i) The amount to be withheld from the obligor's wages and 9,874
a statement that the amount actually withheld for support and 9,875
other purposes, including the fee described in division 9,876
(D)(1)(b)(xi) of this section, shall not be in excess of the 9,877
maximum amounts permitted under section 303(b) of the "Consumer 9,878
Credit Protection Act," 15 U.S.C. 1673(b); 9,879
(ii) A statement that the employer is required to send the 9,881
amount withheld to the child support enforcement agency 9,882
immediately, but not later than ten working days, after the 9,883
obligor is paid by the employer and is required to report to the 9,884
agency the date on which the amount was withheld from the 9,885
obligor's wages; 9,886
(iii) A statement that the withholding is binding upon the 9,888
240
employer until further notice from the agency; 9,889
(iv) A statement that the employer is subject to a fine to 9,891
be determined under the law of this state for discharging the 9,892
obligor from employment, refusing to employ the obligor, or 9,893
taking any disciplinary action against the obligor because of the 9,894
withholding requirement; 9,895
(v) A statement that, if the employer fails to withhold 9,897
wages in accordance with the provisions of the notice, the 9,898
employer is liable for the accumulated amount the employer should 9,899
have withheld from the obligor's wages; 9,900
(vi) A statement that the withholding in accordance with 9,902
the notice and under the provisions of this section has priority 9,903
over any other legal process under the law of this state against 9,904
the same wages; 9,905
(vii) The date on which the notice was mailed and a 9,907
statement that the employer is required to implement the 9,908
withholding no later than the first pay period that occurs after 9,909
fourteen working days following the date the notice was mailed 9,910
and is required to continue the withholding at the intervals 9,911
specified in the notice; 9,912
(viii) A requirement that the employer promptly notify the 9,914
child support enforcement agency, in writing, within ten working 9,915
days after the date of any termination of the obligor's 9,916
employment, any layoff of the obligor, any leave of absence of 9,917
the obligor without pay, or any other situation in which the 9,918
employer ceases to pay personal earnings in an amount sufficient 9,919
to comply with the order to the obligor, provide the agency with 9,920
the obligor's last known address, notify the agency of the 9,921
obligor's new employer, if known, and provide the agency with the 9,922
new employer's name, address, and telephone number, if known; 9,923
(ix) A requirement that the employer identify in the 9,925
notification given under division (D)(1)(b)(viii) of this section 9,926
any types of benefits other than personal earnings that the 9,927
obligor is receiving or is eligible to receive as a benefit of 9,928
241
employment or as a result of the obligor's termination of 9,929
employment, including, but not limited to, unemployment 9,930
compensation, workers' compensation benefits, severance pay, sick 9,931
leave, lump-sum payments of retirement benefits or contributions, 9,932
and bonuses or profit-sharing payments or distributions, and the 9,933
amount of such benefits, and include in the notification the 9,934
obligor's last known address and telephone number, date of birth, 9,935
social security number, and court case number and, if known, the 9,936
name and business address of any new employer of the obligor; 9,937
(x) A requirement that, no later than the earlier of 9,939
forty-five days before the lump-sum payment is to be made or, if 9,940
the obligor's right to the lump-sum payment is determined less 9,941
than forty-five days before it is to be made, the date on which 9,942
that determination is made, the employer notify the child support 9,943
enforcement agency of any lump-sum payments of any kind of five 9,944
hundred dollars or more that are to be paid to the obligor, hold 9,945
the lump-sum payments of five hundred dollars or more for thirty 9,946
days after the date on which the lump-sum payments otherwise 9,947
would have been paid to the obligor, if the lump-sum payments are 9,948
workers' compensation benefits, severance pay, sick leave, 9,949
lump-sum payments of retirement benefits or contributions, annual 9,950
bonuses, or profit-sharing payments or distributions, and, upon 9,951
order of the court, pay any specified amount of the lump-sum 9,952
payment to the child support enforcement agency.; 9,953
(xi) A statement that, in addition to the amount withheld 9,955
for support, the employer may withhold a fee from the obligor's 9,956
earnings as a charge for its services in complying with the 9,957
notice and a specification of the amount that may be withheld. 9,958
(c) The court or agency shall send the notice described in 9,960
division (D)(1)(b) of this section to the obligor and shall 9,961
attach to the notice an additional notice requiring the obligor 9,962
immediately to notify the child support enforcement agency, in 9,963
writing, of any change in employment, including self-employment, 9,965
and of the availability of any other sources of income that can 9,966
242
be the subject of any withholding or deduction requirement 9,967
described in division (D) of this section. The court or agency 9,968
shall serve the notices upon the obligor at the same time as 9,969
service of the support order or, if the support order previously 9,970
has been issued, shall send the notices to the obligor by regular 9,971
mail at the last known address at the same time that it sends the 9,972
notice described in division (D)(1)(b) of this section to the 9,973
employer. The notification required of the obligor shall include 9,974
a description of the nature of any new employment, the name and 9,975
business address of any new employer, and any other information 9,976
reasonably required by the court. No obligor shall fail to give 9,977
the notification required by division (D)(1)(c) of this section. 9,978
(2)(a) If the court or the child support enforcement 9,980
agency determines that the obligor is receiving workers' 9,981
compensation payments, the court or agency may require the bureau 9,982
of workers' compensation or the employer that has been granted 9,983
the privilege of paying compensation directly and that is paying 9,984
workers' compensation benefits to the obligor to withhold from 9,985
the obligor's workers' compensation payments a specified amount 9,986
for support in satisfaction of the support order, to begin the 9,987
withholding no later than the date of the first payment that 9,988
occurs after fourteen working days following the date the notice 9,989
was mailed to the bureau or employer under divisions (A)(2) or 9,990
(B) and (D)(2)(b) of this section, to send the amount withheld to 9,991
the child support enforcement agency designated for that county 9,992
pursuant to section 2301.35 of the Revised Code, to send that 9,993
amount to the agency immediately but not later than ten days 9,994
after the date the payment is made to the obligor, to provide the 9,995
date on which the amount was withheld, and to continue the 9,996
withholding at intervals specified in the notice until further 9,997
notice from the court or agency. To the extent possible, the 9,998
amount specified in the notice to be withheld shall satisfy the 9,999
amount ordered for support in the support order plus any 10,000
arrearages that may be owed by the obligor under any prior 10,001
243
support order that pertained to the same child or spouse, 10,002
notwithstanding the limitations of section 4123.67 of the Revised 10,003
Code. However, in no case shall the sum of the amount specified 10,004
in the notice to be withheld and any fee withheld by an employer 10,005
as a charge for its services exceed the maximum amount permitted 10,006
under section 303(b) of the "Consumer Credit Protection Act," 15 10,007
U.S.C. 1673(b). 10,008
(b) If the court or agency imposes a withholding 10,010
requirement under division (D)(2)(a) of this section, it, within 10,011
the applicable period of time specified in division (A), (B), or 10,012
(C) of this section, shall send to the bureau of workers' 10,013
compensation or the employer that is paying the obligor's 10,014
workers' compensation benefits by regular mail a notice that 10,015
contains all of the information set forth in divisions 10,016
(D)(2)(b)(i) to (x) of this section. The notice is final and is 10,017
enforceable by the court. The notice shall contain all of the 10,018
following: 10,019
(i) The amount to be withheld from the obligor's worker's 10,021
compensation payments and a statement that the amount actually 10,022
withheld for support and other purposes, including the fee 10,023
described in division (D)(2)(b)(x) of this section, if 10,024
applicable, shall not be in excess of the maximum amounts 10,025
permitted under section 303(b) of the "Consumer Credit Protection 10,026
Act," 15 U.S.C. 1673(b); 10,027
(ii) A statement that the bureau or employer is required 10,029
to send the amount withheld to the child support enforcement 10,030
agency immediately, but not later than ten working days, after 10,031
the payment is made to the obligor and is required to report to 10,032
the agency the date on which the amount was withheld from the 10,033
obligor's payments; 10,034
(iii) A statement that the withholding is binding upon the 10,036
bureau or employer until further notice from the court or agency; 10,037
(iv) If the notice is sent to an employer who is paying 10,039
the obligor's worker's compensation benefits, a statement that, 10,040
244
if the employer fails to withhold from the obligor's worker's 10,041
compensation payments in accordance with the provisions of the 10,042
notice, the employer is liable for the accumulated amount the 10,043
employer should have withheld from the obligor's payments; 10,044
(v) A statement that the withholding in accordance with 10,046
the notice and under the provisions of this section has priority 10,047
over any other legal process under the law of this state against 10,048
the same payment of benefits; 10,049
(vi) The date on which the notice was mailed and a 10,051
statement that the bureau or employer is required to implement 10,052
the withholding no later than the date of the first payment that 10,053
occurs after fourteen working days following the date the notice 10,054
was mailed and is required to continue the withholding at the 10,055
intervals specified in the notice; 10,056
(vii) A requirement that the bureau or employer promptly 10,058
notify the child support enforcement agency, in writing, within 10,059
ten working days after the date of any termination of the 10,060
obligor's workers' compensation benefits; 10,061
(viii) A requirement that the bureau or employer include 10,063
in all notices the obligor's last known mailing address, last 10,064
known residence address, and social security number; 10,065
(ix) A requirement that, no later than the earlier of 10,067
forty-five days before the lump-sum payment is to be made or, if 10,068
the obligor's right to the lump-sum payment is determined less 10,069
than forty-five days before it is to be made, the date on which 10,070
that determination is made, the bureau or employer notify the 10,071
child support enforcement agency of any lump-sum payment of any 10,072
kind of five hundred dollars or more that is to be paid to the 10,073
obligor, hold the lump-sum payment for thirty days after the date 10,074
on which the lump-sum payment otherwise would be paid to the 10,075
obligor, and, upon order of the court, pay any specified amount 10,076
of the lump-sum payment to the agency.; 10,077
(x) If the notice is sent to an employer who is paying the 10,079
obligor's workers' compensation benefits, a statement that, in 10,080
245
addition to the amount withheld for support, the employer may 10,081
withhold a fee from the obligor's benefits as a charge for its 10,082
services in complying with the notice and a specification of the 10,083
amount that may be withheld. 10,084
(c) The court or agency shall send the notice described in 10,086
division (D)(2)(b) of this section to the obligor and shall 10,087
attach to the notice an additional notice requiring the obligor 10,088
to immediately notify the child support enforcement agency, in 10,089
writing, of any change in the obligor's workers' compensation 10,090
payments, of the obligor's commencement of employment, including 10,091
self-employment, and of the availability of any other sources of 10,092
income that can be the subject of any withholding or deduction 10,093
requirement described in division (D) of this section. The court 10,094
or agency shall serve the notices upon the obligor at the same 10,095
time as service of the support order or, if the support order 10,096
previously has been issued, shall send the notices to the obligor 10,097
by regular mail at the obligor's last known address at the same 10,098
time that it sends the notice described in division (D)(2)(b) of 10,099
this section to the bureau or employer. The additional notice 10,100
also shall notify the obligor that upon commencement of 10,101
employment the obligor may request the court or the child support 10,102
enforcement agency to cancel its workers' compensation payment 10,103
withholding notice and instead issue a notice requiring the 10,104
withholding of an amount from the obligor's personal earnings for 10,105
support in accordance with division (D)(1) of this section and 10,107
that upon commencement of employment the court may cancel its 10,108
workers' compensation payment withholding notice and instead will 10,109
issue a notice requiring the withholding of an amount from the 10,110
obligor's personal earnings for support in accordance with 10,111
division (D)(1) of this section. The notification required of
the obligor shall include a description of the nature of any new 10,112
employment, the name and business address of any new employer, 10,113
and any other information reasonably required by the court. 10,114
(3)(a) If the court or child support enforcement agency 10,116
246
determines that the obligor is receiving any pension, annuity, 10,117
allowance, or other benefit or is to receive or has received a 10,118
warrant refunding the individual account from the public 10,119
employees retirement system, a municipal retirement system 10,120
established subject to sections 145.01 to 145.58 of the Revised 10,121
Code, the police and firemen's disability and pension fund, the 10,122
state teachers retirement system, the school employees retirement 10,123
system, or the state highway patrol retirement system, the court 10,124
or agency may require the public employees retirement board, the 10,125
board, board of trustees, or other governing entity of any 10,126
municipal retirement system, the board of trustees of the police 10,127
and firemen's disability and pension fund, the state teachers 10,128
retirement board, the school employees retirement board, or the 10,129
state highway patrol retirement board to withhold from the 10,130
obligor's pension, annuity, allowance, other benefit, or warrant 10,131
a specified amount for support in satisfaction of the support 10,132
order, to begin the withholding no later than the date of the 10,133
first payment that occurs after fourteen working days following 10,134
the date the notice was mailed to the board, board of trustees, 10,135
or other entity under divisions (A)(2) or (B) and (D)(3)(b) of 10,136
this section, to send the amount withheld to the child support 10,137
enforcement agency designated for that county pursuant to section 10,138
2301.35 of the Revised Code, to send that amount to the agency 10,139
immediately but not later than ten days after the date the 10,140
payment is made to the obligor, to provide the date on which the 10,141
amount was withheld, and to continue the withholding at intervals 10,142
specified in the notice until further notice from the court or 10,143
agency. To the extent possible, the amount specified in the 10,144
notice to be withheld shall satisfy the amount ordered for 10,145
support in the support order plus any arrearages that may be owed 10,146
by the obligor under any prior support order that pertained to 10,147
the same child or spouse, notwithstanding the limitations of 10,148
sections 2329.66, 2329.70, and 2716.13 of the Revised Code. 10,149
However, in no case shall the sum of the amount specified in the 10,150
247
notice to be withheld and any fee withheld by the board, board of 10,151
trustees, or other entity as a charge for its services exceed the 10,152
maximum amount permitted under section 303(b) of the "Consumer 10,153
Credit Protection Act," 15 U.S.C. 1673(b). 10,154
(b) If the court or agency imposes a withholding 10,156
requirement under division (D)(3)(a) of this section, it, within 10,157
the applicable period of time specified in division (A), (B), or 10,158
(C) of this section, shall send to the board, board of trustees, 10,159
or other entity by regular mail a notice that contains all of the 10,160
information set forth in divisions (D)(3)(b)(i) to (ix) of this 10,161
section. The notice is final and is enforceable by the court. 10,162
The notice shall contain all of the following: 10,163
(i) The amount to be withheld from the obligor's pension, 10,165
annuity, allowance, other benefit, or warrant and a statement 10,166
that the amount actually withheld for support and other purposes, 10,167
including the fee described in division (D)(3)(b)(ix) of this 10,168
section, shall not be in excess of the maximum amounts permitted 10,169
under section 303(b) of the "Consumer Credit Protection Act," 15 10,170
U.S.C. 1673(b); 10,171
(ii) A statement that the board, board of trustees, or 10,173
other entity is required to send the amount withheld to the child 10,174
support enforcement agency immediately, but not later than ten 10,175
working days, after the payment is made to the obligor and is 10,176
required to report to the agency the date on which the amount was 10,177
withheld from the obligor's payments; 10,178
(iii) A statement that the withholding is binding upon the 10,180
board, board of trustees, or other entity until further notice 10,181
from the court or agency; 10,182
(iv) A statement that the withholding in accordance with 10,184
the notice and under the provisions of this section has priority 10,185
over any other legal process under the law of this state against 10,186
the same payment of the pension, annuity, allowance, other 10,187
benefit, or warrant; 10,188
(v) The date on which the notice was mailed and a 10,190
248
statement that the board, board of trustees, or other entity is 10,191
required to implement the withholding no later than the date of 10,192
the first payment that occurs after fourteen working days 10,193
following the date the notice was mailed and is required to 10,194
continue the withholding at the intervals specified in the 10,195
notice; 10,196
(vi) A requirement that the board, board of trustees, or 10,198
other entity promptly notify the child support enforcement 10,199
agency, in writing, within ten working days after the date of any 10,200
termination of the obligor's pension, annuity, allowance, or 10,201
other benefit; 10,202
(vii) A requirement that the board, board of trustees, or 10,204
other entity include in all notices the obligor's last known 10,205
mailing address, last known residence address, and social 10,206
security number; 10,207
(viii) A requirement that, no later than the earlier of 10,209
forty-five days before the lump-sum payment is to be made or, if 10,210
the obligor's right to the lump-sum payment is determined less 10,211
than forty-five days before it is to be made, the date on which 10,212
that determination is made, the board, board of trustees, or 10,213
other entity notify the child support enforcement agency of any 10,214
lump-sum payment of any kind of five hundred dollars or more that 10,215
is to be paid to the obligor, hold the lump-sum payment for 10,216
thirty days after the date on which the lump-sum payment would 10,217
otherwise be paid to the obligor, if the lump-sum payments are 10,218
lump-sum payments of retirement benefits or contributions, and, 10,219
upon order of the court, pay any specified amount of the lump-sum 10,220
payment to the agency.; 10,221
(ix) A statement that, in addition to the amount withheld 10,223
for support, the board, board of trustees, or other entity may 10,224
withhold a fee from the obligor's pension, annuity, allowance, 10,225
other benefit, or warrant as a charge for its services in 10,226
complying with the notice and a specification of the amount that 10,227
may be withheld. 10,228
249
(c) The court or agency shall send the notice described in 10,230
division (D)(3)(b) of this section to the obligor and shall 10,231
attach to the notice an additional notice requiring the obligor 10,232
immediately to notify the child support enforcement agency, in 10,233
writing, of any change in pension, annuity, allowance, or other 10,235
benefit, of the commencement of employment, including
self-employment, and of the availability of any other sources of 10,236
income that can be the subject of any withholding or deduction 10,237
requirement described in division (D) of this section. The court 10,238
or agency shall serve the notices upon the obligor at the same 10,239
time as service of the support order or, if the support order 10,240
previously has been issued, shall send the notices to the obligor 10,241
by regular mail at the last known address at the same time that 10,242
it sends the notice described in division (D)(3)(b) of this 10,243
section to the board, board of trustees, or other entity. The 10,244
additional notice also shall specify that upon commencement of 10,246
employment the obligor may request the court or the child support 10,247
enforcement agency to issue a notice requiring the withholding of 10,248
an amount from personal earnings for support in accordance with 10,249
division (D)(1) of this section and that upon commencement of 10,250
employment the court may cancel its withholding notice under 10,251
division (D)(3)(b) of this section and instead will issue a 10,252
notice requiring the withholding of an amount from personal 10,253
earnings for support in accordance with division (D)(1) of this 10,254
section. The notification required of the obligor shall include 10,255
a description of the nature of any new employment, the name and 10,256
business address of any new employer, and any other information 10,257
reasonably required by the court.
(4)(a) If the court or child support enforcement agency 10,259
determines that the obligor is receiving any form of income, 10,260
including, but not limited to, disability or sick pay, insurance 10,261
proceeds, lottery prize awards, federal, state, or local 10,262
government benefits to the extent that the benefits can be 10,263
withheld or deducted under any law governing the benefits, any 10,264
250
form of trust fund or endowment fund, vacation pay, commissions 10,265
and draws against commissions that are paid on a regular basis, 10,266
bonuses or profit-sharing payments or distributions, or any 10,267
lump-sum payments, the court or agency may require the person who 10,268
pays or otherwise distributes the income to the obligor to 10,269
withhold from the obligor's income a specified amount for support 10,270
in satisfaction of the support order, to begin the withholding no 10,271
later than the date of the first payment that occurs after 10,272
fourteen working days following the date the notice was mailed to 10,273
the person paying or otherwise distributing the obligor's income 10,274
under divisions (A)(2) or (B) and (D)(4)(b) of this section, to 10,275
send the amount withheld to the child support enforcement agency 10,276
designated for that county pursuant to section 2301.35 of the 10,277
Revised Code, to send that amount to the agency immediately but 10,278
not later than ten days after the date the payment is made to the 10,279
obligor, to provide the date on which the amount was withheld, 10,280
and to continue the withholding at intervals specified in the 10,281
notice until further notice from the court or agency. To the 10,282
extent possible, the amount specified in the notice to be 10,283
withheld shall satisfy the amount ordered for support in the 10,284
support order plus any arrearages that may be owed by the obligor 10,285
under any prior support order that pertained to the same child or 10,286
spouse, notwithstanding the limitations of sections 2329.66, 10,287
2329.70, and 2716.13 of the Revised Code. However, in no case 10,288
shall the sum of the amount specified in the notice to be 10,289
withheld and any fee withheld by the person paying or otherwise 10,290
distributing the obligor's income as a charge for its services 10,291
exceed the maximum amount permitted under section 303(b) of the 10,292
"Consumer Credit Protection Act," 15 U.S.C. 1673(b). 10,293
(b) If the court or agency imposes a withholding 10,295
requirement under division (D)(4)(a) of this section, it, within 10,296
the applicable period of time specified in division (A), (B), or 10,297
(C) of this section, shall send to the person paying or otherwise 10,298
distributing the obligor's income by regular mail a notice that 10,299
251
contains all of the information set forth in divisions 10,300
(D)(4)(b)(i) to (ix) of this section. The notice is final and is 10,301
enforceable by the court. The notice shall contain all of the 10,302
following: 10,303
(i) The amount to be withheld from the obligor's income 10,305
and a statement that the amount actually withheld for support and 10,306
other purposes, including the fee described in division 10,307
(D)(4)(b)(ix) of this section, shall not be in excess of the 10,308
maximum amounts permitted under section 303(b) of the "Consumer 10,309
Credit Protection Act," 15 U.S.C. 1673(b); 10,310
(ii) A statement that the person paying or otherwise 10,312
distributing the obligor's income is required to send the amount 10,313
withheld to the child support enforcement agency immediately, but 10,314
not later than ten working days, after the payment is made to the 10,315
obligor and is required to report to the agency the date on which 10,316
the amount was withheld from the obligor's payments; 10,317
(iii) A statement that the withholding is binding upon the 10,319
person paying or otherwise distributing the obligor's income 10,320
until further notice from the court or agency; 10,321
(iv) A statement that the withholding in accordance with 10,323
the notice and under the provisions of this section has priority 10,324
over any other legal process under the law of this state against 10,325
the same payment of the income; 10,326
(v) A statement that the person paying or otherwise 10,328
distributing the obligor's income is required to implement the 10,329
withholding no later than the date of the first payment that 10,330
occurs after fourteen working days following the date the notice 10,331
was mailed and is required to continue the withholding at the 10,332
intervals specified in the notice; 10,333
(vi) A requirement that the person paying or otherwise 10,335
distributing the obligor's income promptly notify the child 10,336
support enforcement agency, in writing, within ten days after the 10,337
date of any termination of the obligor's income; 10,338
(vii) A requirement that the person paying or otherwise 10,340
252
distributing the obligor's income include in all notices the 10,341
obligor's last known mailing address, last known residence 10,342
address, and social security number; 10,343
(viii) A requirement that, no later than the earlier of 10,345
forty-five days before the lump-sum payment is to be made or, if 10,346
the obligor's right to the lump-sum payment is determined less 10,347
than forty-five days before it is to be made, the date on which 10,348
that determination is made, the person paying or otherwise 10,349
distributing the obligor's income notify the child support 10,350
enforcement agency of any lump-sum payment of any kind of five 10,351
hundred dollars or more that is to be paid to the obligor, hold 10,352
the lump-sum payment for thirty days after the date on which the 10,353
lump-sum payment would otherwise be paid to the obligor, if the 10,354
lump-sum payment is sick pay, lump-sum payment of retirement 10,355
benefits or contributions, or profit-sharing payments or 10,356
distributions, and, upon order of the court, pay any specified 10,357
amount of the lump-sum payment to the child support enforcement 10,358
agency.; 10,359
(ix) A statement that, in addition to the amount withheld 10,361
for support, the person paying or otherwise distributing the 10,362
obligor's income may withhold a fee from the obligor's income as 10,363
a charge for its services in complying with the order and a 10,364
specification of the amount that may be withheld. 10,365
(c) The court or agency shall send the notice described in 10,367
division (D)(4)(b) of this section to the obligor and shall 10,368
attach to the notice an additional notice requiring the obligor 10,369
immediately to notify the child support enforcement agency, in 10,370
writing, of any change in income to which the withholding notice 10,372
applies, of the commencement of employment, including
self-employment, and of the availability of any other sources of 10,373
income that can be the subject of any withholding or deduction 10,374
requirement described in division (D) of this section. The court 10,375
or agency shall serve the notices upon the obligor at the same 10,376
time as service of the support order or, if the support order 10,377
253
previously has been issued, shall send the notices to the obligor 10,378
by regular mail at the last known address at the same time that 10,379
it sends the notice described in division (D)(4)(b) of this 10,380
section to the person paying or otherwise distributing the 10,381
obligor's income. The additional notice also shall specify that 10,382
upon commencement of employment the obligor may request the court 10,384
or child support enforcement agency to issue a notice requiring 10,385
the withholding of an amount from the obligor's personal earnings 10,386
for support in accordance with division (D)(1) of this section
and that upon commencement of employment the court may cancel its 10,388
withholding notice under division (D)(4)(b) of this section and 10,389
instead will issue a notice requiring the withholding of an
amount from personal earnings for support in accordance with 10,390
division (D)(1) of this section. The notification required of 10,391
the obligor shall include a description of the nature of any new 10,392
employment, the name and business address of any new employer, 10,393
and any other information reasonably required by the court. 10,394
(5)(a) If the court or child support enforcement agency 10,396
determines that the obligor has funds on deposit in any account 10,397
in a financial institution under the jurisdiction of the court, 10,398
the court or agency may require any financial institution in 10,399
which the obligor's funds are on deposit to deduct from the 10,400
obligor's account a specified amount for support in satisfaction 10,401
of the support order, to begin the deduction no later than 10,402
fourteen working days following the date the notice was mailed to 10,403
the financial institution under divisions (A)(2) or (B) and 10,404
(D)(5)(b) of this section, to send the amount deducted to the 10,405
child support enforcement agency designated for that county 10,406
pursuant to section 2301.35 of the Revised Code, to send that 10,407
amount to the agency immediately but not later than ten days 10,408
after the date the latest deduction was made, to provide the date 10,409
on which the amount was deducted, and to continue the deduction 10,410
at intervals specified in the notice until further notice from 10,411
the court or agency. To the extent possible, the amount 10,412
254
specified in the notice to be deducted shall satisfy the amount 10,413
ordered for support in the support order plus any arrearages that 10,414
may be owed by the obligor under any prior support order that 10,415
pertained to the same child or spouse, notwithstanding the 10,416
limitations of sections 2329.66, 2329.70, and 2716.13 of the 10,417
Revised Code. However, in no case shall the sum of the amount 10,418
specified in the notice to be deducted and the fee deducted by 10,419
the financial institution as a charge for its services exceed the 10,420
maximum amount permitted under section 303(b) of the "Consumer 10,421
Credit Protection Act," 15 U.S.C. 1673(b). 10,422
(b) If the court or agency imposes a withholding 10,424
requirement under division (D)(5)(a) of this section, it, within 10,425
the applicable period of time specified in division (A), (B), or 10,426
(C) of this section, shall send to the financial institution by 10,427
regular mail a notice that contains all of the information set 10,428
forth in divisions (D)(5)(b)(i) to (viii) of this section. The 10,429
notice is final and is enforceable by the court. The notice 10,430
shall contain all of the following: 10,431
(i) The amount to be deducted from the obligor's account 10,433
and a statement that the amount actually deducted for support and 10,434
other purposes, including the fee described in division 10,435
(D)(5)(b)(viii) of this section, shall not be in excess of the 10,436
maximum amounts permitted under section 303(b) of the "Consumer 10,437
Credit Protection Act," 15 U.S.C. 1673(b); 10,438
(ii) A statement that the financial institution is 10,440
required to send the amount deducted to the child support 10,441
enforcement agency immediately, but not later than ten working 10,442
days, after the date the last deduction was made and is required 10,443
to report to the agency the date on which the amount was deducted 10,444
from the obligor's account; 10,445
(iii) A statement that the deduction is binding upon the 10,447
financial institution until further notice from the court or 10,448
agency; 10,449
(iv) A statement that the withholding in accordance with 10,451
255
the notice and under the provisions of this section has priority 10,452
over any other legal process under the law of this state against 10,453
the same account; 10,454
(v) The date on which the notice was mailed and a 10,456
statement that the financial institution is required to implement 10,457
the deduction no later than fourteen working days following the 10,458
date the notice was mailed and is required to continue the 10,459
deduction at the intervals specified in the notice; 10,460
(vi) A requirement that the financial institution promptly 10,462
notify the child support enforcement agency, in writing, within 10,463
ten days after the date of any termination of the account from 10,464
which the deduction is being made and notify the agency, in 10,465
writing, of the opening of a new account at that financial 10,466
institution, the account number of the new account, the name of 10,467
any other known financial institutions in which the obligor has 10,468
any accounts, and the numbers of those accounts; 10,469
(vii) A requirement that the financial institution include 10,471
in all notices the obligor's last known mailing address, last 10,472
known residence address, and social security number; 10,473
(viii) A statement that, in addition to the amount 10,475
deducted for support, the financial institution may deduct a fee 10,476
from the obligor's account as a charge for its services in 10,477
complying with the notice and a specification of the amount that 10,478
may be deducted. 10,479
(c) The court or agency shall send the notice described in 10,481
division (D)(5)(b) of this section to the obligor and shall 10,482
attach to the notice an additional notice requiring the obligor 10,483
immediately to notify the child support enforcement agency, in 10,484
writing, of any change in the status of the account from which 10,485
the amount of support is being deducted or the opening of a new 10,486
account with any financial institution, of commencement of 10,487
employment, including self-employment, or of the availability of 10,488
any other sources of income that can be the subject of any 10,489
withholding or deduction requirement described in division (D) of 10,490
256
this section. The court or agency shall serve the notices upon 10,491
the obligor at the same time as service of the support order or, 10,492
if the support order previously has been issued, shall send the 10,493
notices to the obligor by regular mail at the last known address 10,494
at the same time that it sends the notice described in division 10,495
(D)(5)(b) of this section to the financial institution. The 10,496
additional notice also shall specify that upon commencement of 10,498
employment, the obligor may request the court or child support 10,499
enforcement agency to cancel its financial institution account 10,500
deduction notice and instead issue a notice requiring the
withholding of an amount from personal earnings for support in 10,502
accordance with division (D)(1) of this section and that upon
commencement of employment the court may cancel its financial 10,503
institution account deduction notice under division (D)(5)(b) of 10,504
this section and instead will issue a notice requiring the 10,505
withholding of an amount from personal earnings for support in 10,507
accordance with division (D)(1) of this section. The
notification required of the obligor shall include a description 10,508
of the nature of any new accounts opened at a financial 10,509
institution under the jurisdiction of the court, the name and 10,510
business address of that financial institution, a description of 10,511
the nature of any new employment, the name and business address 10,512
of any new employer, and any other information reasonably 10,513
required by the court. 10,514
(6) The court may issue an order requiring the obligor to 10,516
enter into a cash bond with the court. The court shall issue the 10,517
order as part of the support order or, if the support order 10,518
previously has been issued, as a separate order. Any cash bond 10,519
so required shall be in a sum fixed by the court at not less than 10,520
five hundred nor more than ten thousand dollars, conditioned that 10,521
the obligor will make payment as previously ordered and will pay 10,522
any arrearages under any prior support order that pertained to 10,523
the same child or spouse. The order, along with an additional 10,524
order requiring the obligor to immediately notify the child 10,525
257
support enforcement agency, in writing, of commencement of 10,526
employment, including self-employment, shall be attached to, and 10,527
shall be served upon the obligor at the same time as service of, 10,528
the support order or, if the support order previously has been 10,529
issued, as soon as possible after the issuance of the order under 10,530
this division. The additional order also shall specify that upon 10,531
commencement of employment the obligor may request the court to 10,533
cancel its bond order and instead issue a notice requiring the 10,534
withholding of an amount from personal earnings for support in 10,535
accordance with division (D)(1) of this section and that upon 10,536
commencement of employment the court will proceed to collect on 10,537
the bond, if the court determines that payments due under the 10,538
support order have not been made and that the amount that has not 10,539
been paid is at least equal to the support owed for one month 10,540
under the support order, and will issue a notice requiring the 10,541
withholding of an amount from personal earnings for support in 10,542
accordance with division (D)(1) of this section. The 10,543
notification required of the obligor shall include a description 10,544
of the nature of any new employment, the name and business 10,545
address of any new employer, and any other information reasonably 10,546
required by the court.
The court shall not order an obligor to post a cash bond 10,548
under this division unless the court determines that the obligor 10,549
has the ability to do so. A child support enforcement agency 10,550
shall not issue an order of the type described in this division. 10,551
If a child support enforcement agency is required to issue a 10,552
withholding or deduction notice under division (D) of this 10,553
section but the agency determines that no notice of the type 10,554
described in division (D)(1) to (5) of this section would be 10,555
appropriate, the agency may request the court to issue a court 10,556
order under this division, and, upon the request, the court may 10,557
issue an order as described in this division. 10,558
(7) If the obligor is unemployed, has no income, and does 10,560
not have an account at any financial institution, the court shall 10,561
258
issue an order requiring the obligor to seek employment if the 10,562
obligor is able to engage in employment and immediately to notify 10,563
the child support enforcement agency upon obtaining employment, 10,564
upon obtaining any income, or upon obtaining ownership of any 10,565
asset with a value of five hundred dollars or more. The court 10,566
shall issue the notice as part of the support order or, if the 10,567
support order previously has been issued, as a separate notice. A 10,569
child support enforcement agency shall not issue a notice of the 10,570
type described in this division. If a child support enforcement 10,571
agency is required to issue a withholding or deduction notice 10,572
under division (D) of this section but the agency determines that 10,573
no notice of the type described in division (D)(1) to (5) of this 10,574
section would be appropriate, the agency may request the court to 10,575
issue a court order under this division, and, upon the request, 10,576
the court may issue an order as described in this division. 10,577
(E) If a court or child support enforcement agency is 10,579
required under division (A), (B), or (C) of this section or any 10,580
other section of the Revised Code to issue one or more notices or 10,581
court orders described in division (D) of this section, the court 10,582
or agency to the extent possible shall issue a sufficient number 10,583
of notices or court orders under division (D) of this section to 10,584
provide that the aggregate amount withheld or deducted under 10,585
those notices or court orders satisfies the amount ordered for 10,586
support in the support order plus any arrearages that may be owed 10,587
by the obligor under any prior support order that pertained to 10,588
the same child or spouse, notwithstanding the limitations of 10,589
sections 2329.66, 2329.70, 2716.13, and 4123.67 of the Revised 10,590
Code. However, in no case shall the aggregate amount withheld or 10,591
deducted and any fees withheld or deducted as a charge for 10,592
services exceed the maximum amount permitted under section 303(b) 10,593
of the "Consumer Credit Protection Act," 15 U.S.C. 1673(b). 10,594
(F)(1) Any withholding or deduction requirement that is 10,596
contained in a notice described in division (D) of this section 10,597
and that is required to be issued by division (A), (B), or (C) of 10,598
259
this section or any other section of the Revised Code has 10,599
priority over any order of attachment, any order in aid of 10,600
execution, and any other legal process issued under state law 10,601
against the same earnings, payments, or account. 10,602
(2) When two or more withholding or deduction notices that 10,604
are described in division (D) of this section and that are 10,605
required to be issued by division (A), (B), or (C) of this 10,606
section or any other section of the Revised Code are received by 10,607
an employer, the bureau of workers' compensation, an employer 10,608
that is paying more than one person's workers' compensation 10,609
benefits, the public employees retirement board, the board, board 10,610
of trustees, or other governing entity of any municipal 10,611
retirement system, the board of trustees of the police and 10,612
firemen's disability and pension fund, the state teachers 10,613
retirement board, the school employees retirement board, the 10,614
state highway patrol retirement board, a person paying or 10,615
otherwise distributing income for more than one obligor, or a 10,616
financial institution, the employer, bureau of workers' 10,617
compensation, employer paying workers' compensation benefits, 10,618
board, board of trustees, or other governing entity of a 10,619
retirement system, person paying or distributing income to an 10,620
obligor, or financial institution shall comply with all of the 10,621
requirements contained in the notices to the extent that the 10,622
total amount withheld from the obligor's personal earnings, 10,623
payments, pensions, annuities, allowances, benefits, other 10,624
sources of income, or savings does not exceed the maximum amount 10,625
permitted under section 303(b) of the "Consumer Credit Protection 10,626
Act," 15 U.S.C. 1673(b), withhold or deduct amounts in accordance 10,627
with the allocation set forth in divisions (F)(2)(a) and (b) of 10,628
this section, notify each court or child support enforcement 10,629
agency that issued one of the notices of the allocation, and give 10,630
priority to amounts designated in each notice as current support 10,631
in the following manner: 10,632
(a) If the total of the amounts designated in the notices 10,634
260
as current support exceeds the amount available for withholding 10,635
under section 303(b) of the "Consumer Credit Protection Act," 15 10,636
U.S.C. 1673(b), the employer, bureau of workers' compensation, 10,637
employer paying workers' compensation benefits, board, board of 10,638
trustees, or other governing entity of a municipal retirement 10,639
system, person paying or distributing income to an obligor, or 10,640
financial institution shall allocate to each notice an amount for 10,641
current support equal to the amount designated in that notice as 10,642
current support multiplied by a fraction in which the numerator 10,643
is the amount of personal earnings, payments, pensions, 10,644
annuities, allowances, benefits, other sources of income, or 10,645
savings available for withholding and the denominator is the 10,646
total amount designated in all of the notices as current support. 10,647
(b) If the total of the amounts designated in the notices 10,649
as current support does not exceed the amount available for 10,650
withholding under section 303(b) of the "Consumer Credit 10,651
Protection Act," 15 U.S.C. 1673(b), the persons and entities 10,652
listed in division (F)(2)(a) of this section shall pay all of the 10,653
amounts designated as current support in the notices and shall 10,654
allocate to each notice an amount for past-due support equal to 10,655
the amount designated in that notice as past-due support 10,656
multiplied by a fraction in which the numerator is the amount of 10,657
personal earnings, payments, pensions, annuities, allowances, 10,658
benefits, other sources of income, or savings remaining available 10,659
for withholding after the payment of current support and the 10,660
denominator is the total amount designated in all of the notices 10,661
as past-due support. 10,662
(G)(1) Except when a provision specifically authorizes or 10,664
requires service other than as described in this division, 10,665
service of any notice on any party, the bureau of workers' 10,666
compensation, an employer that is paying a person's workers' 10,667
compensation benefits, the public employees retirement board, the 10,668
board, board of trustees, or other governing entity of any 10,669
municipal retirement system, the board of trustees of the police 10,670
261
and firemen's disability and pension fund, the state teachers 10,671
retirement board, the school employees retirement board, the 10,672
state highway patrol retirement board, a person paying or 10,673
otherwise distributing an obligor's income, a financial 10,674
institution, or an employer, for purposes of division (A), (B), 10,675
(C), or (D) of this section, may be made by personal service or 10,676
ordinary first class mail directed to the addressee at the last 10,677
known address, or, in the case of a corporation, at its usual 10,678
place of doing business. Any service of notice by ordinary first 10,679
class mail shall be evidenced by a certificate of mailing filed 10,680
with the clerk of the court. 10,681
(2) Each party to a support order shall notify the child 10,683
support enforcement agency of the party's current mailing address 10,684
and current residence address at the time of the issuance or 10,685
modification of the order and, until further notice of the court 10,686
that issues the order, shall notify the agency of any change in 10,687
either address immediately after the change occurs. Any willful 10,688
failure to comply with this division is contempt of court. No 10,689
person shall fail to give the notice required by division (G)(2) 10,690
of this section.
(3) Each support order, or modification of a support 10,692
order, that is subject to this section shall contain a statement 10,693
requiring each party to the order to notify the child support 10,694
enforcement agency in writing of the party's current mailing 10,695
address, the party's current residence address, and of any 10,696
changes in either address and a notice that the requirement to 10,697
notify the agency of all changes in either address continues 10,698
until further notice from the court and that a willful failure to 10,699
supply a correct mailing address or residence address or to 10,700
provide the agency with all changes in either address is contempt 10,701
of court. 10,702
(4)(a) The parent who is the residential parent and legal 10,704
custodian of a child for whom a support order is issued or the 10,705
person who otherwise has custody of a child for whom a support 10,706
262
order is issued immediately shall notify, and the obligor under a 10,707
support order may notify, the child support enforcement agency of 10,708
any reason for which the support order should terminate, 10,709
including, but not limited to, death, marriage, emancipation, 10,710
enlistment in the armed services, deportation, or change of legal 10,711
or physical custody of the child. A willful failure to notify 10,712
the child support enforcement agency as required by this division 10,713
is contempt of court. Upon receipt of a notice pursuant to this 10,714
division, the agency immediately shall conduct an investigation 10,715
to determine if any reason exists for which the support order 10,716
should terminate. If the agency so determines, it immediately 10,717
shall notify the court that issued the support order of the 10,718
reason for which the support order should terminate. 10,719
(b) Upon receipt of a notice given pursuant to division 10,721
(G)(4)(a) of this section, the court shall impound any funds 10,722
received for the child pursuant to the support order and set the 10,723
case for a hearing for a determination of whether the support 10,724
order should be terminated or modified or whether the court 10,725
should take any other appropriate action. 10,726
(c) If the court terminates a support order pursuant to 10,728
divisions (G)(4)(a) and (b) of this section, the termination of 10,729
the support order also terminates any withholding or deduction 10,730
order as described in division (D) or (H) of this section that 10,731
was issued relative to the support order prior to December 31, 10,732
1993, and any withholding or deduction notice as described in 10,733
division (D) or court order as described in division (D)(6), 10,734
(D)(7), or (H) of this section that was issued relative to the 10,735
support order on or after December 31, 1993. Upon the 10,736
termination of any withholding or deduction order or any 10,737
withholding or deduction notice, the court immediately shall 10,738
notify the appropriate child support enforcement agency that the 10,739
order or notice has been terminated, and the agency immediately 10,740
shall notify each employer, financial institution, or other 10,741
person or entity that was required to withhold or deduct a sum of 10,742
263
money for the payment of support under the terminated withholding 10,743
or deduction order or the terminated withholding or deduction 10,744
notice that the order or notice has been terminated and that it 10,745
is required to cease all withholding or deduction under the order 10,746
or notice. 10,747
(d) The department of human services shall adopt rules 10,749
that provide for both of the following: 10,750
(i) The return to the appropriate person of any funds that 10,752
a court has impounded under division (G)(4)(b) of this section if 10,753
the support order under which the funds were paid has been 10,754
terminated pursuant to divisions (G)(4)(a) and (b) of this 10,755
section; 10,756
(ii) The return to the appropriate person of any other 10,758
payments made pursuant to a support order if the payments were 10,759
made at any time after the support order under which the funds 10,760
were paid has been terminated pursuant to divisions (G)(4)(a) and 10,761
(b) of this section. 10,762
(5) If any party to a support order requests a 10,764
modification of the order or if any obligee under a support order 10,765
or any person on behalf of the obligee files any action to 10,766
enforce a support order, the court shall notify the child support 10,767
enforcement agency that is administering the support order or 10,768
that will administer the order after the court's determination of 10,769
the request or the action, of the request or the filing. 10,770
(6) When a child support enforcement agency receives any 10,772
notice under division (G) of section 2151.23, section 2301.37, 10,773
division (E) of section 3105.18, division (C) of section 3105.21, 10,774
division (A) of section 3109.05, division (F) of section 3111.13, 10,775
division (B) of section 3113.04, section 3113.21, section 10,776
3113.211, section 3113.212, division (K) of section 3113.31, or 10,777
division (D) of section 3115.22 of the Revised Code, it shall 10,778
issue the most appropriate notices under division (D) of this 10,779
section. Additionally, it shall do all of the following: 10,780
(a) If the obligor is subject to a withholding notice 10,782
264
issued under division (D)(1) of this section and the notice 10,783
relates to the obligor's change of employment, send a withholding 10,784
notice under that division to the new employer of the obligor as 10,785
soon as the agency obtains knowledge of that employer; 10,786
(b) If the notification received by the agency specifies 10,788
that a lump-sum payment of five hundred dollars or more is to be 10,789
paid to the obligor, notify the court of the receipt of the 10,790
notice and its contents; 10,791
(c) Comply with section 3113.212 of the Revised Code, as 10,793
appropriate. 10,794
(H)(1)(a) For purposes of division (D)(1) of this section, 10,796
when a person who fails to comply with a support order that is 10,797
subject to that division derives income from self-employment or 10,798
commission, is employed by an employer not subject to the 10,799
jurisdiction of the court, or is in any other employment 10,800
situation that makes the application of that division 10,801
impracticable, the court may require the person to enter into a 10,802
cash bond to the court in a sum fixed by the court at not less 10,803
than five hundred nor more than ten thousand dollars, conditioned 10,804
that the person will make payment as previously ordered. 10,805
(b) When a court determines at a hearing conducted under 10,807
division (B) of this section, or a child support enforcement 10,808
agency determines at a hearing or pursuant to an investigation 10,809
conducted under division (B) of this section, that the obligor 10,810
under the order in relation to which the hearing or investigation 10,811
is conducted is unemployed and has no other source of income and 10,812
no assets so that the application of divisions (B) and (D) of 10,813
this section would be impracticable, the court shall issue an 10,814
order as described in division (D)(7) of this section and shall 10,815
order the obligor to notify the child support enforcement agency 10,816
in writing immediately upon commencement of employment, including 10,818
self-employment, of the receipt of workers' compensation 10,819
payments, of the receipt of any other source of income, or of the 10,820
opening of an account in a financial institution, and to include 10,821
265
in the notification a description of the nature of the 10,822
employment, the name and business address of the employer, and 10,823
any other information reasonably required by the court. 10,824
(2) When a court determines, at a hearing conducted under 10,826
division (C)(2) of this section, that an obligor is unemployed, 10,827
is not receiving workers' compensation payments, does not have an 10,828
account in a financial institution, and has no other source of 10,829
income and no assets so that the application of divisions (C)(2) 10,830
and (D) of this section would be impracticable, the court shall 10,831
issue an order as described in division (D)(7) of this section 10,832
and shall order the obligor to notify the child support 10,833
enforcement agency, in writing, immediately upon commencement of 10,835
employment, including self-employment, of the receipt of workers' 10,836
compensation payments, of the receipt of any other source of 10,837
income, or of the opening of an account in a financial
institution, and to include in the notification a description of 10,838
the nature of the employment, the name and business address of 10,839
the employer or the name and address of the financial 10,840
institution, and any other information reasonably required by the 10,841
court. 10,842
(3)(a) Upon receipt of a notice from a child support 10,844
enforcement agency under division (G)(6) of this section that a 10,845
lump-sum payment of five hundred dollars or more is to be paid to 10,846
the obligor, the court shall do either of the following: 10,847
(i) If the obligor is in default under the support order 10,849
or has any unpaid arrearages under the support order, issue an 10,850
order requiring the transmittal of the lump-sum payment to the 10,851
child support enforcement agency. 10,852
(ii) If the obligor is not in default under the support 10,854
order and does not have any unpaid arrearages under the support 10,855
order, issue an order directing the person who gave the notice to 10,856
the court to immediately pay the full amount of the lump-sum 10,857
payment to the obligor. 10,858
(b) Upon receipt of any moneys pursuant to division 10,860
266
(H)(3)(a) of this section, a child support enforcement agency 10,861
shall pay the amount of the lump-sum payment that is necessary to 10,862
discharge all of the obligor's arrearages to the obligee and, 10,863
within two business days after its receipt of the money, any 10,864
amount that is remaining after the payment of the arrearages to 10,865
the obligor. 10,866
(c) Any court that issued an order prior to December 1, 10,868
1986, requiring an employer to withhold an amount from an 10,869
obligor's personal earnings for the payment of support shall 10,870
issue a supplemental order that does not change the original 10,871
order or the related support order requiring the employer to do 10,872
all of the following: 10,873
(i) No later than the earlier of forty-five days before a 10,875
lump-sum payment is to be made or, if the obligor's right to a 10,876
lump-sum payment is determined less than forty-five days before 10,877
it is to be made, the date on which that determination is made, 10,878
notify the child support enforcement agency of any lump-sum 10,879
payment of any kind of five hundred dollars or more that is to be 10,880
paid to the obligor; 10,881
(ii) Hold the lump-sum payment for thirty days after the 10,883
date on which it would otherwise be paid to the obligor, if the 10,884
lump-sum payment is sick pay, a lump-sum payment of retirement 10,885
benefits or contributions, or profit-sharing payments or 10,886
distributions; 10,887
(iii) Upon order of the court, pay any specified amount of 10,889
the lump-sum payment to the child support enforcement agency. 10,890
(d) If an employer knowingly fails to notify the child 10,892
support enforcement agency in accordance with division (D) of 10,893
this section of any lump-sum payment to be made to an obligor, 10,894
the employer is liable for any support payment not made to the 10,895
obligee as a result of its knowing failure to give the notice as 10,896
required by that division. 10,897
(I)(1) Any support order, or modification of a support 10,899
order, that is subject to this section shall contain the date of 10,900
267
birth and social security number of the obligor. 10,901
(2) No withholding or deduction notice described in 10,903
division (D) or court order described in division (D)(6) or (7) 10,904
of this section shall contain any information other than the 10,905
information specifically required by division (A), (B), (C), or 10,906
(D) of this section or by any other section of the Revised Code 10,907
and any additional information that the issuing court determines 10,908
may be necessary to comply with the notice. 10,909
(J) No withholding or deduction notice described in 10,911
division (D) or court order described in division (D)(6) or (7) 10,912
of this section and issued under division (A), (B), or (C) of 10,913
this section or any other section of the Revised Code shall be 10,914
terminated solely because the obligor pays any part or all of the 10,916
arrearages under the support order.
(K)(1) Except as provided in division (K)(2) of this 10,918
section and section 2301.42 of the Revised Code and the rules 10,919
adopted pursuant to division (C) of that section, if child 10,920
support arrearages are owed by an obligor to the obligee and to 10,921
the department of human services, any payments received on the 10,922
arrearages by the child support enforcement agency first shall be 10,923
paid to the obligee until the arrearages owed to the obligee are
paid in full. 10,924
(2) Division (K)(1) of this section does not apply to the 10,926
collection of past-due child support from refunds of paid federal 10,927
taxes pursuant to section 5101.32 of the Revised Code or of 10,928
overdue child support from refunds of paid state income taxes 10,929
pursuant to sections 5101.321 and 5747.121 of the Revised Code. 10,930
(L)(1) Each court with jurisdiction to issue support 10,932
orders shall establish rules of court to ensure that the 10,933
following percentage of all actions to establish a support 10,934
requirement or to modify a previously issued support order be 10,935
completed within the following time limits: 10,936
(a) Ninety per cent of all of the actions shall be 10,938
completed within three months after they were initially filed; 10,939
268
(b) Ninety-eight per cent of all of the actions shall be 10,941
completed within six months after they were initially filed; 10,942
(c) One hundred per cent of all of the actions shall be 10,944
completed within twelve months after they were initially filed. 10,945
(2) If a case involves complex legal issues requiring full 10,947
judicial review, the court shall issue a temporary support order 10,948
within the time limits set forth in division (L)(1) of this 10,949
section, which temporary order shall be in effect until a final 10,950
support order is issued in the case. All cases in which the 10,951
imposition of a notice or order under division (D) of this 10,952
section is contested shall be completed within the period of time 10,953
specified by law for completion of the case. The failure of a 10,954
court to complete a case within the required period does not 10,955
affect the ability of any court to issue any order under this 10,956
section or any other section of the Revised Code for the payment 10,957
of support, does not provide any defense to any order for the 10,958
payment of support that is issued under this section or any other 10,959
section of the Revised Code, and does not affect any obligation 10,960
to pay support. 10,961
(3)(a) In any Title IV-D case, the judge, when necessary 10,963
to satisfy the federal requirement of expedited process for 10,964
obtaining and enforcing support orders, shall appoint referees to 10,965
make findings of fact and recommendations for the judge's 10,966
approval in the case. All referees appointed pursuant to this 10,967
division shall be attorneys admitted to the practice of law in 10,968
this state. If the court appoints a referee pursuant to this 10,969
division, the court may appoint any additional administrative and 10,970
support personnel for the referee. 10,971
(b) Any referee appointed pursuant to division (L)(3)(a) 10,973
of this section may perform any of the following functions: 10,974
(i) The taking of testimony and keeping of a record in the 10,976
case; 10,977
(ii) The evaluation of evidence and the issuance of 10,979
recommendations to establish, modify, and enforce support orders; 10,980
269
(iii) The acceptance of voluntary acknowledgments of 10,982
support liability and stipulated agreements setting the amount of 10,983
support to be paid; 10,984
(iv) The entering of default orders if the obligor does 10,986
not respond to notices in the case within a reasonable time after 10,987
the notices are issued; 10,988
(v) Any other functions considered necessary by the court. 10,990
(4) The child support enforcement agency may conduct 10,992
administrative reviews of support orders to obtain voluntary 10,993
notices or court orders under division (D) of this section and to 10,994
correct any errors in the amount of any arrearages owed by an 10,995
obligor. The obligor and the obligee shall be notified of the 10,996
time, date, and location of the administrative review at least 10,997
fourteen days before it is held. 10,998
(M)(1) The termination of a support obligation or a 11,000
support order does not abate the power of any court to collect 11,001
overdue and unpaid support or to punish any person for a failure 11,002
to comply with an order of the court or to pay any support as 11,003
ordered in the terminated support order and does not abate the 11,004
authority of a child support enforcement agency to issue, in 11,005
accordance with this section, any notice described in division 11,006
(D) of this section or of a court to issue, in accordance with 11,007
this section, any court order as described in division (D)(6) or 11,008
(7) of this section, to collect any support due or arrearage 11,009
under the support order. 11,010
(2) Any court that has the authority to issue a support 11,012
order shall have all powers necessary to enforce that support 11,013
order, and all other powers, set forth in this section. 11,014
(3) Except as provided in division (M)(4) of this section, 11,016
a court may not retroactively modify an obligor's duty to pay a 11,017
delinquent support payment. 11,018
(4) A court with jurisdiction over a support order may 11,020
modify an obligor's duty to pay a support payment that becomes 11,021
due after notice of a petition to modify the support order has 11,022
270
been given to each obligee and to the obligor before a final 11,023
order concerning the petition for modification is entered. 11,024
(N) If an obligor is in default under a support order and 11,026
has a claim against another person of more than one thousand 11,027
dollars, the obligor shall notify the child support enforcement 11,028
agency of the claim, the nature of the claim, and the name of the 11,029
person against whom the claim exists. If an obligor is in 11,030
default under a support order and has a claim against another 11,031
person or is a party in an action for any judgment, the child 11,032
support enforcement agency or the agency's attorney, on behalf of 11,033
the obligor, immediately shall file with the court in which the 11,034
action is pending a motion to intervene in the action or a 11,035
creditor's bill. The motion to intervene shall be prepared and 11,036
filed pursuant to Civil Rules 5 and 24(A) and (C). 11,037
Nothing in this division shall preclude an obligee from 11,039
filing a motion to intervene in any action or a creditor's bill. 11,040
(O) If an obligor is receiving unemployment compensation 11,042
benefits, an amount may be deducted from those benefits for 11,043
purposes of child support, in accordance with section 2301.371 11,044
and division (D)(4) of section 4141.28 of the Revised Code. Any 11,045
deduction from a source in accordance with those provisions is in 11,046
addition to, and does not preclude, any withholding or deduction 11,047
for purposes of support under divisions (A) to (N) of this 11,048
section. 11,049
(P) As used in this section, and in sections 3113.211 to 11,051
3113.217 of the Revised Code: 11,052
(1) "Financial institution" means a bank, savings and loan 11,054
association, or credit union, or a regulated investment company 11,055
or mutual fund in which a person who is required to pay child 11,056
support has funds on deposit that are not exempt under the law of 11,057
this state or the United States from execution, attachment, or 11,058
other legal process. 11,059
(2) "Title IV-D case" means any case in which the child 11,061
support enforcement agency is enforcing the child support order 11,062
271
pursuant to Title IV-D of the "Social Security Act," 88 Stat. 11,063
2351 (1975), 42 U.S.C. 651, as amended. 11,064
(3) "Child support enforcement agency" means the child 11,066
support enforcement agency designated pursuant to section 2301.35 11,067
of the Revised Code. 11,068
(4) "Obligor" means the person who is required to pay 11,070
support under a support order. 11,071
(5)(4) "Obligee" means the person who is entitled to 11,073
receive the support payments under a support order. 11,074
(6)(5) "Support order" means an order for the payment of 11,076
support and, for orders issued or modified on or after December 11,077
31, 1993, includes any notices described in division (D) or (H) 11,078
of this section that are issued in accordance with this section. 11,079
(7)(6) "Support" means child support, spousal support, and 11,081
support for a spouse or former spouse. 11,082
(8)(7) "Personal earnings" means compensation paid or 11,084
payable for personal services, however denominated, and includes, 11,086
but is not limited to, wages, salary, commissions, bonuses, draws 11,087
against commissions, profit sharing, and vacation pay. 11,088
(9)(8) "Default" has the same meaning as in section 11,090
2301.34 of the Revised Code. 11,091
Sec. 3113.215. (A) As used in this section: 11,101
(1) "Income" means either of the following: 11,103
(a) For a parent who is employed to full capacity, the 11,105
gross income of the parent; 11,106
(b) For a parent who is unemployed or underemployed, the 11,108
sum of the gross income of the parent, and any potential income 11,109
of the parent. 11,110
(2) "Gross income" means, except as excluded in this 11,112
division, the total of all earned and unearned income from all 11,113
sources during a calendar year, whether or not the income is 11,114
taxable, and includes, but is not limited to, income from 11,115
salaries, wages, overtime pay and bonuses to the extent described 11,116
in division (B)(5)(d) of this section, commissions, royalties, 11,117
272
tips, rents, dividends, severance pay, pensions, interest, trust 11,118
income, annuities, social security benefits, workers' 11,119
compensation benefits, unemployment insurance benefits, 11,120
disability insurance benefits, benefits received by and in the 11,121
possession of the veteran who is the beneficiary for any 11,122
service-connected disability under a program or law administered 11,123
by the United States department of veterans' affairs or veterans' 11,124
administration, spousal support actually received from a person 11,125
not a party to the support proceeding for which actual gross 11,126
income is being determined, and all other sources of income; 11,127
income of members of any branch of the United States armed 11,128
services or national guard, including, but not limited to,
amounts representing base pay, basic allowance for quarters, 11,129
basic allowance for subsistence, supplemental subsistence 11,130
allowance, cost of living adjustment, specialty pay, variable 11,131
housing allowance, and pay for training or other types of 11,132
required drills; self-generated income; and potential cash flow 11,133
from any source. 11,134
"Gross income" does not include any benefits received from 11,136
means-tested public assistance programs, including, but not 11,137
limited to, aid to families with dependent children OHIO WORKS 11,139
FIRST, supplemental security income, food stamps, or disability 11,140
assistance, does not include any benefits for any 11,141
service-connected disability under a program or law administered 11,142
by the United States department of veterans' affairs or veterans' 11,143
administration that have not been distributed to the veteran who 11,144
is the beneficiary of the benefits and that are in the possession 11,145
of the United States department of veterans' affairs or veterans' 11,146
administration, does not include any child support received for 11,147
children who were not born or adopted during the marriage at 11,148
issue, does not include amounts paid for mandatory deductions 11,149
from wages other than taxes, social security, or retirement in 11,150
lieu of social security, including, but not limited to, union 11,151
dues, and does not include nonrecurring or unsustainable income 11,152
273
or cash flow items. 11,153
(3) "Self-generated income" means gross receipts received 11,155
by a parent from self-employment, proprietorship of a business, 11,156
joint ownership of a partnership or closely held corporation, and 11,157
rents minus ordinary and necessary expenses incurred by the 11,158
parent in generating the gross receipts. "Self-generated income" 11,159
includes expense reimbursements or in-kind payments received by a 11,160
parent from self-employment, the operation of a business, or 11,161
rents, including, but not limited to, company cars, free housing, 11,162
reimbursed meals, and other benefits, if the reimbursements are 11,163
significant and reduce personal living expenses. 11,164
(4)(a) "Ordinary and necessary expenses incurred in 11,166
generating gross receipts" means actual cash items expended by 11,167
the parent or the parent's business and includes depreciation 11,169
expenses of replacement business equipment as shown on the books 11,170
of a business entity. 11,171
(b) Except as specifically included in "ordinary and 11,173
necessary expenses incurred in generating gross receipts" by 11,174
division (A)(4)(a) of this section, "ordinary and necessary 11,175
expenses incurred in generating gross receipts" does not include 11,176
depreciation expenses and other noncash items that are allowed as 11,177
deductions on any federal tax return of the parent or the 11,178
parent's business. 11,179
(5) "Potential income" means both of the following for a 11,181
parent that the court, or a child support enforcement agency 11,182
pursuant to sections 3111.20, 3111.21, and 3111.22 of the Revised 11,184
Code, determines is voluntarily unemployed or voluntarily
underemployed: 11,185
(a) Imputed income that the court or agency determines the 11,187
parent would have earned if fully employed as determined from the 11,188
parent's employment potential and probable earnings based on the 11,189
parent's recent work history, the parent's occupational 11,190
qualifications, and the prevailing job opportunities and salary 11,191
levels in the community in which the parent resides; 11,192
274
(b) Imputed income from any nonincome-producing assets of 11,194
a parent, as determined from the local passbook savings rate or 11,195
another appropriate rate as determined by the court or agency, 11,196
not to exceed the rate of interest specified in division (A) of 11,197
section 1343.03 of the Revised Code, if the income is 11,198
significant. 11,199
(6) "Child support order" means an order for the payment 11,201
of child support. 11,202
(7) "Combined gross income" means the combined gross 11,204
income of both parents. 11,205
(8) "Split parental rights and responsibilities" means a 11,207
situation in which there is more than one child who is the 11,208
subject of an allocation of parental rights and responsibilities 11,209
and each parent is the residential parent and legal custodian of 11,210
at least one of those children. 11,211
(9) "Schedule" means the basic child support schedule set 11,213
forth in division (D) of this section. 11,214
(10) "Worksheet" means the applicable worksheet that is 11,216
used to calculate a parent's child support obligation and that is 11,217
set forth in divisions (E) and (F) of this section. 11,218
(11) "Nonrecurring or unsustainable income or cash flow 11,220
item" means any income or cash flow item that the parent receives 11,221
in any year or for any number of years not to exceed three years 11,222
and that the parent does not expect to continue to receive on a 11,223
regular basis. "Nonrecurring or unsustainable income or cash 11,224
flow item" does not include a lottery prize award that is not 11,225
paid in a lump sum or any other item of income or cash flow that 11,226
the parent receives or expects to receive for each year for a 11,227
period of more than three years or that the parent receives and 11,228
invests or otherwise utilizes to produce income or cash flow for 11,229
a period of more than three years. 11,230
(12) "Extraordinary medical expenses" means any uninsured 11,232
medical expenses that are incurred for a child during a calendar 11,233
year and that exceed one hundred dollars for that child during 11,234
275
that calendar year. 11,235
(B)(1) In any action in which a child support order is 11,237
issued or modified under Chapter 3115. or section 2151.23, 11,238
2151.33, 2151.36, 2151.49, 3105.18, 3105.21, 3109.05, 3109.19, 11,239
3111.13, 3113.04, 3113.07, 3113.216, or 3113.31 of the Revised 11,240
Code, in any other proceeding in which the court determines the 11,241
amount of child support that will be ordered to be paid pursuant 11,242
to a child support order, or when a child support enforcement 11,243
agency determines the amount of child support that will be paid 11,244
pursuant to an administrative child support order issued pursuant 11,245
to sections 3111.20, 3111.21, and 3111.22 of the Revised Code, 11,246
the court or agency shall calculate the amount of the obligor's 11,247
child support obligation in accordance with the basic child 11,248
support schedule in division (D) of this section, the applicable 11,249
worksheet in division (E) or (F) of this section, and the other 11,250
provisions of this section, shall specify the support obligation 11,251
as a monthly amount due, and shall order the support obligation 11,252
to be paid in periodic increments as it determines to be in the 11,253
best interest of the children. In performing its duties under 11,254
this section, the court or agency is not required to accept any 11,255
calculations in a worksheet prepared by any party to the action 11,256
or proceeding. In any action or proceeding in which the court 11,257
determines the amount of child support that will be ordered to be 11,258
paid pursuant to a child support order or when a child support 11,259
enforcement agency determines the amount of child support that 11,260
will be paid pursuant to an administrative child support order 11,261
issued pursuant to sections 3111.20, 3111.21, and 3111.22 of the 11,262
Revised Code, the amount of child support that would be payable 11,263
under a child support order, as calculated pursuant to the basic 11,264
child support schedule in division (D) of this section and 11,265
pursuant to the applicable worksheet in division (E) of this 11,266
section, through line 24, or in division (F) of this section, 11,267
through line 23, is rebuttably presumed to be the correct amount 11,268
of child support due, and the court or agency shall order that 11,269
276
amount to be paid as child support unless both of the following 11,270
apply with respect to an order issued by a court: 11,271
(a) The court, after considering the factors and criteria 11,273
set forth in division (B)(3) of this section, determines that the 11,274
amount calculated pursuant to the basic child support schedule 11,275
and pursuant to the applicable worksheet in division (E) of this 11,276
section, through line 24, or in division (F) of this section, 11,277
through line 23, would be unjust or inappropriate and would not 11,278
be in the best interest of the child. 11,279
(b) The court enters in the journal the amount of child 11,281
support calculated pursuant to the basic child support schedule 11,282
and pursuant to the applicable worksheet in division (E) of this 11,283
section, through line 24, or in division (F) of this section, 11,284
through line 23, its determination that that amount would be 11,285
unjust or inappropriate and would not be in the best interest of 11,286
the child, and findings of fact supporting that determination. 11,287
(2) In determining the amount of child support to be paid 11,289
under any child support order, the court, upon its own 11,290
recommendation or upon the recommendation of the child support 11,291
enforcement agency, shall or the child support enforcement 11,292
agency, pursuant to sections 3111.20, 3111.21, and 3111.22 of the 11,294
Revised Code, shall do all of the following: 11,295
(a) If the combined gross income of both parents is less 11,297
than six thousand six hundred dollars per year, the court or 11,298
agency shall determine the amount of the obligor's child support 11,299
obligation on a case-by-case basis using the schedule as a 11,300
guideline. The court or agency shall review the obligor's gross 11,301
income and living expenses to determine the maximum amount of 11,302
child support that it reasonably can order without denying the 11,303
obligor the means for self-support at a minimum subsistence level 11,304
and shall order a specific amount of child support, unless the 11,305
obligor proves to the court or agency that the obligor is totally 11,306
unable to pay child support and the court or agency determines 11,307
that it would be unjust or inappropriate to order the payment of 11,308
277
child support and enters its determination and supporting 11,309
findings of fact in the journal. 11,310
(b) If the combined gross income of both parents is 11,312
greater than one hundred fifty thousand dollars per year, the 11,313
court or agency shall determine the amount of the obligor's child 11,314
support obligation on a case-by-case basis and shall consider the 11,315
needs and the standard of living of the children who are the 11,316
subject of the child support order and of the parents. When the 11,317
court or agency determines the amount of the obligor's child 11,318
support obligation for parents with a combined gross income 11,319
greater than one hundred fifty thousand dollars, the court or 11,320
agency shall compute a basic combined child support obligation 11,321
that is no less than the same percentage of the parents' combined 11,322
annual income that would have been computed under the basic child 11,323
support schedule and under the applicable worksheet in division 11,324
(E) of this section, through line 24, or in division (F) of this 11,325
section, through line 23, for a combined gross income of one 11,326
hundred fifty thousand dollars, unless the court or agency 11,327
determines that it would be unjust or inappropriate and would not 11,328
be in the best interest of the child, obligor, or obligee to 11,329
order that amount and enters in the journal the figure, 11,330
determination, and findings. 11,331
(c) The court shall not order an amount of child support 11,333
that deviates from the amount of child support that would 11,334
otherwise result from the use of the basic child support schedule 11,335
and the applicable worksheet in division (E) of this section, 11,336
through line 24, or in division (F) of this section, through line 11,337
23, unless both of the following apply: 11,338
(i) The court, after considering the factors and criteria 11,340
set forth in division (B)(3) of this section, determines that the 11,341
amount calculated pursuant to the basic child support schedule 11,342
and pursuant to the applicable worksheet in division (E) of this 11,343
section, through line 24, or in division (F) of this section, 11,344
through line 23, would be unjust or inappropriate and would not 11,345
278
be in the best interest of the child; 11,346
(ii) The court enters in the journal the amount of child 11,348
support calculated pursuant to the basic child support schedule 11,349
and pursuant to the applicable worksheet in division (E) of this 11,350
section, through line 24, or in division (F) of this section, 11,351
through line 23, its determination that that amount would be 11,352
unjust or inappropriate and would not be in the best interest of 11,353
the child, and findings of fact supporting that determination. 11,354
(3) The court, in accordance with divisions (B)(1) and 11,356
(2)(c) of this section, may deviate from the amount of support 11,357
that otherwise would result from the use of the schedule and the 11,358
applicable worksheet in division (E) of this section, through 11,359
line 24, or in division (F) of this section, through line 23, in 11,360
cases in which the application of the schedule and the applicable 11,361
worksheet in division (E) of this section, through line 24, or in 11,362
division (F) of this section, through line 23, would be unjust or 11,363
inappropriate and would not be in the best interest of the child. 11,364
In determining whether that amount would be unjust or 11,365
inappropriate and would not be in the best interest of the child, 11,366
the court may consider any of the following factors and criteria: 11,367
(a) Special and unusual needs of the children; 11,369
(b) Extraordinary obligations for minor children or 11,371
obligations for handicapped children who are not stepchildren and 11,372
who are not offspring from the marriage or relationship that is 11,373
the basis of the immediate child support determination; 11,374
(c) Other court-ordered payments; 11,376
(d) Extended times of visitation or extraordinary costs 11,378
associated with visitation, provided that this division does not 11,379
authorize and shall not be construed as authorizing any deviation 11,380
from the schedule and the applicable worksheet in division (E) of 11,381
this section, through line 24, or in division (F) of this 11,382
section, through line 23, or any escrowing, impoundment, or 11,383
withholding of child support because of a denial of or 11,384
interference with a right of companionship or visitation granted 11,385
279
by court order; 11,386
(e) The obligor obtains additional employment after a 11,388
child support order is issued in order to support a second 11,389
family; 11,390
(f) The financial resources and the earning ability of the 11,392
child; 11,393
(g) Disparity in income between parties or households; 11,395
(h) Benefits that either parent receives from remarriage 11,397
or sharing living expenses with another person; 11,398
(i) The amount of federal, state, and local taxes actually 11,400
paid or estimated to be paid by a parent or both of the parents; 11,401
(j) Significant in-kind contributions from a parent, 11,403
including, but not limited to, direct payment for lessons, sports 11,404
equipment, schooling, or clothing; 11,405
(k) The relative financial resources, other assets and 11,407
resources, and needs of each parent; 11,408
(l) The standard of living and circumstances of each 11,410
parent and the standard of living the child would have enjoyed 11,411
had the marriage continued or had the parents been married; 11,412
(m) The physical and emotional condition and needs of the 11,414
child; 11,415
(n) The need and capacity of the child for an education 11,417
and the educational opportunities that would have been available 11,418
to the child had the circumstances requiring a court order for 11,419
support not arisen; 11,420
(o) The responsibility of each parent for the support of 11,422
others; 11,423
(p) Any other relevant factor. 11,425
The court may accept an agreement of the parents that 11,427
assigns a monetary value to any of the factors and criteria 11,428
listed in division (B)(3) of this section that are applicable to 11,429
their situation. 11,430
(4) If an obligor or obligee under a child support order 11,432
requests the court to modify the amount of support required to be 11,433
280
paid pursuant to the child support order, the court shall 11,434
recalculate the amount of support that would be required to be 11,435
paid under the support order in accordance with the schedule and 11,436
pursuant to the applicable worksheet in division (E) of this 11,437
section, through line 24, or in division (F) of this section, 11,438
through line 23, and if that amount as recalculated is more than 11,439
ten per cent greater than or more than ten per cent less than the 11,440
amount of child support that is required to be paid pursuant to 11,441
the existing child support order, the deviation from the 11,442
recalculated amount that would be required to be paid under the 11,443
schedule and the applicable worksheet in division (E) of this 11,444
section, through line 24, or in division (F) of this section, 11,445
through line 23, shall be considered by the court as a change of 11,446
circumstance that is substantial enough to require a modification 11,447
of the amount of the child support order. In determining 11,448
pursuant to this division the recalculated amount of support that 11,449
would be required to be paid under the support order for purposes 11,450
of determining whether that recalculated amount is more than ten 11,451
per cent greater than or more than ten per cent less than the 11,452
amount of child support that is required to be paid pursuant to 11,453
the existing child support order, the court shall consider, in 11,454
addition to all other factors required by law to be considered, 11,455
the cost of health insurance which the obligor, the obligee, or 11,456
both the obligor and the obligee have been ordered to obtain for 11,457
the children specified in the order. Additionally, if an obligor 11,458
or obligee under a child support order requests the court to 11,459
modify the amount of support required to be paid pursuant to the 11,460
child support order and if the court determines that the amount 11,461
of support does not adequately meet the medical needs of the 11,462
child, the inadequate coverage shall be considered by the court 11,463
as a change of circumstance that is substantial enough to require 11,464
a modification of the amount of the child support order. If the 11,465
court determines that the amount of child support required to be 11,466
paid under the child support order should be changed due to a 11,467
281
substantial change of circumstances that was not contemplated at 11,468
the time of the issuance of the original child support order or 11,469
the last modification of the child support order, the court shall 11,470
modify the amount of child support required to be paid under the 11,471
child support order to comply with the schedule and the 11,472
applicable worksheet in division (E) of this section, through 11,473
line 24, or in division (F) of this section, through line 23, 11,474
unless the court determines that the amount calculated pursuant 11,475
to the basic child support schedule and pursuant to the 11,476
applicable worksheet in division (E) of this section, through 11,477
line 24, or in division (F) of this section, through line 23, 11,478
would be unjust or inappropriate and would not be in the best 11,479
interest of the child and enters in the journal the figure, 11,480
determination, and findings specified in division (B)(2)(c) of 11,481
this section. 11,482
(5) When a court computes the amount of child support 11,484
required to be paid under a child support order or a child 11,485
support enforcement agency computes the amount of child support 11,486
to be paid pursuant to an administrative child support order 11,487
issued pursuant to section 3111.20, 3111.21, or 3111.22 of the 11,488
Revised Code, all of the following apply: 11,490
(a) The parents shall verify current and past income and 11,492
personal earnings with suitable documents, including, but not 11,493
limited to, paystubs, employer statements, receipts and expense 11,494
vouchers related to self-generated income, tax returns, and all 11,495
supporting documentation and schedules for the tax returns. 11,496
(b) The amount of any pre-existing child support 11,498
obligation of a parent under a child support order and the amount 11,499
of any court-ordered spousal support paid to a former spouse 11,500
shall be deducted from the gross income of that parent to the 11,501
extent that payment under the child support order or that payment 11,502
of the court-ordered spousal support is verified by supporting 11,503
documentation. 11,504
(c) If other minor children who were born to the parent 11,507
282
and a person other than the other parent who is involved in the 11,509
immediate child support determination live with the parent, the 11,510
court or agency shall deduct an amount from that parent's gross 11,511
income that equals the number of such minor children times the 11,512
federal income tax exemption for such children less child support 11,513
received for them for the year, not exceeding the federal income 11,514
tax exemption. 11,515
(d) When the court or agency calculates the gross income 11,517
of a parent, it shall include the lesser of the following as 11,518
income from overtime and bonuses: 11,519
(i) The yearly average of all overtime and bonuses 11,521
received during the three years immediately prior to the time 11,522
when the person's child support obligation is being computed; 11,523
(ii) The total overtime and bonuses received during the 11,525
year immediately prior to the time when the person's child 11,526
support obligation is being computed. 11,527
(e) When the court or agency calculates the gross income 11,529
of a parent, it shall not include any income earned by the spouse 11,530
of that parent. 11,531
(f) The court shall not order an amount of child support 11,534
for reasonable and ordinary uninsured medical or dental expenses 11,535
in addition to the amount of the child support obligation 11,536
determined in accordance with the schedule. The court shall 11,537
issue a separate order for extraordinary medical or dental 11,538
expenses, including, but not limited to, orthodontia,
psychological, appropriate private education, and other expenses, 11,539
and may consider the expenses in adjusting a child support order. 11,540
(g) When a court or agency calculates the amount of child 11,542
support to be paid pursuant to a child support order or an 11,543
administrative child support order, if the combined gross income 11,544
of both parents is an amount that is between two amounts set 11,545
forth in the first column of the schedule, the court or agency 11,546
may use the basic child support obligation that corresponds to 11,547
the higher of the two amounts in the first column of the 11,548
283
schedule, use the basic child support obligation that corresponds 11,549
to the lower of the two amounts in the first column of the 11,550
schedule, or calculate a basic child support obligation that is 11,551
between those two amounts and corresponds proportionally to the 11,552
parents' actual combined gross income. 11,553
(h) When the court or agency calculates gross income, the 11,555
court or agency, when appropriate, may average income over a 11,556
reasonable period of years. 11,557
(6)(a) If the court issues a shared parenting order in 11,559
accordance with section 3109.04 of the Revised Code, the court 11,560
shall order an amount of child support to be paid under the child 11,561
support order that is calculated in accordance with the schedule 11,562
and with the worksheet set forth in division (E) of this section, 11,563
through line 24, except that, if the application of the schedule 11,564
and the worksheet, through line 24, would be unjust or 11,565
inappropriate to the children or either parent and would not be 11,566
in the best interest of the child because of the extraordinary 11,567
circumstances of the parents or because of any other factors or 11,568
criteria set forth in division (B)(3) of this section, the court 11,569
may deviate from the amount of child support that would be 11,570
ordered in accordance with the schedule and worksheet, through 11,571
line 24, shall consider those extraordinary circumstances and 11,572
other factors or criteria if it deviates from that amount, and 11,573
shall enter in the journal the amount of child support calculated 11,574
pursuant to the basic child support schedule and pursuant to the 11,575
applicable worksheet, through line 24, its determination that 11,576
that amount would be unjust or inappropriate and would not be in 11,577
the best interest of the child, and findings of fact supporting 11,578
that determination. 11,579
(b) For the purposes of this division, "extraordinary 11,581
circumstances of the parents" includes, but is not limited to, 11,582
all of the following: 11,583
(i) The amount of time that the children spend with each 11,585
parent; 11,586
284
(ii) The ability of each parent to maintain adequate 11,588
housing for the children; 11,589
(iii) Each parent's expenses, including, but not limited 11,591
to, child care expenses, school tuition, medical expenses, and 11,592
dental expenses. 11,593
(7)(a) In any action in which a child support order is 11,595
issued or modified under Chapter 3115. or section 2151.23, 11,596
2151.33, 2151.36, 2151.49, 3105.18, 3105.21, 3109.05, 3109.19, 11,597
3111.13, 3113.04, or 3113.31 of the Revised Code or in any other 11,599
proceeding in which the court determines the amount of child 11,600
support that will be ordered to be paid pursuant to a child 11,601
support order and except as otherwise provided in this division, 11,602
the court shall issue a minimum support order requiring the 11,603
obligor to pay a minimum amount of fifty dollars a month for 11,604
child support under the child support order. The court, in its 11,605
discretion and in appropriate circumstances, may issue a minimum 11,606
support order requiring the obligor to pay an amount of child 11,607
support that is less than fifty dollars a month or not requiring 11,608
the obligor to pay an amount for support. The appropriate 11,609
circumstances for which a court may issue a minimum support order 11,610
requiring an obligor to pay an amount of child support that is 11,611
less than fifty dollars a month or not requiring the obligor to 11,612
pay an amount for support include, but are not limited to, the 11,613
nonresidential parent's medically verified or documented physical 11,614
or mental disability or institutionalization in a facility for 11,615
persons with a mental illness. If the court issues a minimum 11,616
support order pursuant to this division and the obligor under the 11,617
support order is the recipient of need-based public assistance, 11,618
any unpaid amounts of support due under the support order shall 11,619
accrue as arrearages from month to month, the obligor's current 11,620
obligation to pay the support due under the support order is 11,621
suspended during any period of time that the obligor is receiving 11,622
need-based public assistance and is complying with any seek work 11,623
orders issued pursuant to division (D)(7) of section 3113.21 of 11,624
285
the Revised Code, and the court, obligee, and child support 11,625
enforcement agency shall not enforce the obligation of the 11,626
obligor to pay the amount of support due under the support order 11,627
during any period of time that the obligor is receiving 11,628
need-based public assistance and is complying with any seek work 11,629
orders issued pursuant to division (D)(7) of section 3113.21 of 11,630
the Revised Code. 11,631
(b) Notwithstanding division (B)(7)(a) of this section, if 11,633
the amount of support payments that federal law requires or 11,634
permits to be disregarded in determining eligibility for aid 11,635
under Chapter 5107. of the Revised Code exceeds fifty dollars, 11,636
instead of fifty dollars the amount of a minimum support order 11,637
described in division (B)(7)(a) of this section shall be the 11,638
amount federal law requires or permits to be disregarded. 11,639
(C) Except when the parents have split parental rights and 11,641
responsibilities, a parent's child support obligation for a child 11,642
for whom the parent is the residential parent and legal custodian 11,643
shall be presumed to be spent on that child and shall not become 11,644
part of a child support order, and a parent's child support 11,645
obligation for a child for whom the parent is not the residential 11,646
parent and legal custodian shall become part of a child support 11,647
order. If the parents have split parental rights and 11,648
responsibilities, the child support obligations of the parents 11,649
shall be offset, and the court shall issue a child support order 11,650
requiring the parent with the larger child support obligation to 11,651
pay the net amount pursuant to the child support order. If 11,652
neither parent of a child who is the subject of a child support 11,653
order is the residential parent and legal custodian of the child 11,654
and the child resides with a third party who is the legal 11,655
custodian of the child, the court shall issue a child support 11,656
order requiring each parent to pay that parent's child support 11,658
obligation pursuant to the child support order. 11,659
Whenever a court issues a child support order, it shall 11,661
include in the order specific provisions for regular, holiday, 11,662
286
vacation, and special visitation in accordance with section 11,663
3109.05, 3109.11, or 3109.12 of the Revised Code or in accordance 11,664
with any other applicable section of the Revised Code. The court 11,665
shall not authorize or permit the escrowing, impoundment, or 11,666
withholding of any child support payment because of a denial of 11,667
or interference with a right of visitation included as a specific 11,668
provision of the child support order or as a method of enforcing 11,669
the specific provisions of the child support order dealing with 11,670
visitation. 11,671
(D)(1) Except as provided in divisions (D)(2) and (3) of 11,673
this section, the THE following basic child support schedule 11,674
shall be used by all courts and child support enforcement 11,676
agencies when calculating the amount of child support that will 11,677
be paid pursuant to a child support order or an administrative 11,678
child support order, unless the combined gross income of the 11,679
parents is less than sixty-six hundred dollars or more than one 11,680
hundred fifty thousand dollars: 11,681
Basic Child Support Schedule 11,682
Combined 11,684
Gross Number of Children 11,686
INCOME One Two Three Four Five Six 11,689
6600 600 600 600 600 600 600 11,690
7200 600 600 600 600 600 600 11,691
7800 600 600 600 600 600 600 11,692
8400 600 600 600 600 600 600 11,693
9000 849 859 868 878 887 896 11,694
9600 1259 1273 1287 1301 1315 1329 11,695
10200 1669 1687 1706 1724 1743 1761 11,696
10800 2076 2099 2122 2145 2168 2192 11,697
11400 2331 2505 2533 2560 2588 2616 11,698
12000 2439 2911 2943 2975 3007 3039 11,699
12600 2546 3318 3354 3390 3427 3463 11,700
13200 2654 3724 3765 3806 3846 3887 11,701
13800 2761 4029 4175 4221 4266 4311 11,702
287
14400 2869 4186 4586 4636 4685 4735 11,703
15000 2976 4342 4996 5051 5105 5159 11,704
15600 3079 4491 5321 5466 5524 5583 11,705
16200 3179 4635 5490 5877 5940 6003 11,706
16800 3278 4780 5660 6254 6355 6423 11,707
17400 3378 4924 5830 6442 6771 6843 11,708
18000 3478 5069 5999 6629 7186 7262 11,709
18600 3578 5213 6169 6816 7389 7682 11,710
19200 3678 5358 6339 7004 7592 8102 11,711
19800 3778 5502 6508 7191 7796 8341 11,712
20400 3878 5647 6678 7378 7999 8558 11,713
21000 3977 5790 6847 7565 8201 8774 11,714
21600 4076 5933 7015 7750 8402 8989 11,715
22200 4176 6075 7182 7936 8602 9204 11,716
22800 4275 6216 7345 8116 8798 9413 11,717
23400 4373 6357 7509 8297 8994 9623 11,718
24000 4471 6498 7672 8478 9190 9832 11,719
24600 4570 6639 7836 8658 9386 10042 11,720
25200 4668 6780 8000 8839 9582 10251 11,721
25800 4767 6920 8163 9020 9778 10461 11,722
26400 4865 7061 8327 9200 9974 10670 11,723
27000 4963 7202 8490 9381 10170 10880 11,724
27600 5054 7332 8642 9548 10351 11074 11,725
28200 5135 7448 8776 9697 10512 11246 11,726
28800 5216 7564 8911 9845 10673 11418 11,727
29400 5297 7678 9045 9995 10833 11592 11,728
30000 5377 7792 9179 10143 10994 11764 11,729
30600 5456 7907 9313 10291 11154 11936 11,730
31200 5535 8022 9447 10439 11315 12107 11,731
31800 5615 8136 9581 10587 11476 12279 11,732
32400 5694 8251 9715 10736 11636 12451 11,733
33000 5774 8366 9849 10884 11797 12623 11,734
33600 5853 8480 9983 11032 11957 12794 11,735
34200 5933 8595 10117 11180 12118 12966 11,736
288
34800 6012 8709 10251 11328 12279 13138 11,737
35400 6091 8824 10385 11476 12439 13310 11,738
36000 6171 8939 10519 11624 12600 13482 11,739
36600 6250 9053 10653 11772 12761 13653 11,740
37200 6330 9168 10787 11920 12921 13825 11,741
37800 6406 9275 10913 12058 13071 13988 11,742
38400 6447 9335 10984 12137 13156 14079 11,743
39000 6489 9395 11055 12215 13242 14170 11,744
39600 6530 9455 11126 12294 13328 14261 11,745
40200 6571 9515 11197 12373 13413 14353 11,746
40800 6613 9575 11268 12451 13499 14444 11,747
41400 6653 9634 11338 12529 13583 14534 11,748
42000 6694 9693 11409 12607 13667 14624 11,749
42600 6735 9752 11479 12684 13752 14714 11,750
43200 6776 9811 11549 12762 13836 14804 11,751
43800 6817 9871 11619 12840 13921 14894 11,752
44400 6857 9930 11690 12917 14005 14985 11,753
45000 6898 9989 11760 12995 14090 15075 11,754
45600 6939 10049 11830 13073 14174 15165 11,755
46200 6978 10103 11897 13146 14251 15250 11,756
46800 7013 10150 11949 13203 14313 15316 11,757
47400 7048 10197 12000 13260 14375 15382 11,758
48000 7083 10245 12052 13317 14437 15448 11,759
48600 7117 10292 12103 13374 14498 15514 11,760
49200 7152 10339 12155 13432 14560 15580 11,761
49800 7187 10386 12206 13489 14622 15646 11,762
50400 7222 10433 12258 13546 14684 15712 11,763
51000 7257 10481 12309 13603 14745 15778 11,764
51600 7291 10528 12360 13660 14807 15844 11,765
52200 7326 10575 12412 13717 14869 15910 11,766
52800 7361 10622 12463 13774 14931 15976 11,767
53400 7396 10669 12515 13832 14992 16042 11,768
54000 7431 10717 12566 13889 15054 16108 11,769
54600 7468 10765 12622 13946 15120 16178 11,770
289
55200 7524 10845 12716 14050 15232 16298 11,771
55800 7582 10929 12814 14159 15350 16425 11,772
56400 7643 11016 12918 14273 15474 16558 11,773
57000 7704 11104 13021 14388 15598 16691 11,774
57600 7765 11192 13125 14502 15722 16824 11,775
58200 7825 11277 13225 14613 15842 16953 11,776
58800 7883 11361 13324 14723 15961 17079 11,777
59400 7941 11445 13423 14832 16079 17206 11,778
60000 8000 11529 13522 14941 16197 17333 11,779
60600 8058 11612 13620 15050 16315 17460 11,780
61200 8116 11696 13719 15160 16433 17587 11,781
61800 8175 11780 13818 15269 16552 17714 11,782
62400 8233 11864 13917 15378 16670 17840 11,783
63000 8288 11945 14011 15481 16783 17958 11,784
63600 8344 12024 14102 15582 16893 18075 11,785
64200 8399 12103 14194 15683 17002 18193 11,786
64800 8454 12183 14285 15784 17111 18310 11,787
65400 8510 12262 14376 15885 17220 18427 11,788
66000 8565 12341 14468 15986 17330 18544 11,789
66600 8620 12421 14559 16087 17439 18661 11,790
67200 8676 12500 14650 16188 17548 18778 11,791
67800 8731 12579 14741 16289 17657 18895 11,792
68400 8786 12659 14833 16390 17767 19012 11,793
69000 8842 12738 14924 16491 17876 19129 11,794
69600 8897 12817 15015 16592 17985 19246 11,795
70200 8953 12897 15107 16693 18094 19363 11,796
70800 9008 12974 15196 16791 18201 19476 11,797
71400 9060 13047 15281 16885 18302 19585 11,798
72000 9111 13120 15366 16979 18404 19694 11,799
72600 9163 13194 15451 17073 18506 19803 11,800
73200 9214 13267 15536 17167 18608 19912 11,801
73800 9266 13340 15621 17261 18709 20021 11,802
74400 9318 13413 15706 17355 18811 20130 11,803
75000 9369 13487 15791 17449 18913 20239 11,804
290
75600 9421 13560 15876 17543 19015 20347 11,805
76200 9473 13633 15961 17636 19116 20456 11,806
76800 9524 13707 16046 17730 19218 20565 11,807
77400 9576 13780 16131 17824 19320 20674 11,808
78000 9627 13853 16216 17918 19422 20783 11,809
78600 9679 13927 16300 18012 19523 20892 11,810
79200 9731 14000 16385 18106 19625 21001 11,811
79800 9782 14073 16470 18200 19727 21109 11,812
80400 9834 14147 16555 18294 19829 21218 11,813
81000 9885 14220 16640 18387 19930 21326 11,814
81600 9936 14292 16723 18480 20030 21434 11,815
82200 9987 14364 16807 18573 20131 21541 11,816
82800 10038 14439 16891 18665 20235 21651 11,817
83400 10090 14514 16979 18762 20340 21763 11,818
84000 10142 14589 17066 18859 20444 21875 11,819
84600 10194 14663 17154 18956 20549 21987 11,820
85200 10246 14738 17241 19052 20653 22099 11,821
85800 10298 14813 17329 19149 20758 22211 11,822
86400 10350 14887 17417 19246 20863 22323 11,823
87000 10403 14962 17504 19343 20967 22435 11,824
87600 10455 15037 17592 19440 21072 22547 11,825
88200 10507 15111 17679 19537 21176 22659 11,826
88800 10559 15186 17767 19633 21281 22771 11,827
89400 10611 15261 17855 19730 21386 22883 11,828
90000 10663 15335 17942 19827 21490 22995 11,829
90600 10715 15410 18030 19924 21595 23107 11,830
91200 10767 15485 18118 20021 21700 23219 11,831
91800 10819 15559 18205 20118 21804 23331 11,832
92400 10872 15634 18293 20215 21909 23443 11,833
93000 10924 15709 18380 20311 22013 23555 11,834
93600 10976 15783 18468 20408 22118 23667 11,835
94200 11028 15858 18556 20505 22223 23779 11,836
94800 11080 15933 18643 20602 22327 23891 11,837
95400 11132 16007 18731 20699 22432 24003 11,838
291
96000 11184 16082 18818 20796 22536 24115 11,839
96600 11236 16157 18906 20892 22641 24227 11,840
97200 11289 16231 18994 20989 22746 24339 11,841
97800 11341 16306 19081 21086 22850 24451 11,842
98400 11393 16381 19169 21183 22955 24563 11,843
99000 11446 16450 19255 21279 23062 24676 11,844
99600 11491 16516 19334 21366 23156 24777 11,845
100200 11536 16583 19413 21453 23250 24878 11,846
100800 11581 16649 19491 21539 23345 24978 11,847
101400 11625 16714 19569 21625 23437 25077 11,848
102000 11670 16779 19646 21710 23530 25177 11,849
102600 11714 16844 19724 21796 23623 25276 11,850
103200 11759 16909 19801 21881 23715 25375 11,851
103800 11803 16974 19879 21967 23808 25475 11,852
104400 11847 17039 19956 22052 23901 25574 11,853
105000 11892 17104 20034 22138 23994 25673 11,854
105600 11934 17167 20108 22220 24083 25769 11,855
106200 11979 17232 20186 22305 24176 25868 11,856
106800 12023 17297 20263 22391 24269 25968 11,857
107400 12068 17362 20341 22476 24361 26067 11,858
108000 12110 17425 20415 22559 24451 26162 11,859
108600 12155 17490 20493 22644 24543 26262 11,860
109200 12199 17555 20570 22730 24636 26361 11,861
109800 12243 17620 20648 22815 24729 26460 11,862
110400 12286 17683 20722 22897 24818 26556 11,863
111000 12331 17748 20800 22983 24911 26655 11,864
111600 12375 17813 20877 23068 25004 26755 11,865
112200 12419 17878 20955 23154 25096 26854 11,866
112800 12462 17941 21029 23236 25186 26949 11,867
113400 12506 18006 21107 23322 25278 27049 11,868
114000 12551 18071 21184 23407 25371 27148 11,869
114600 12595 18136 21262 23493 25464 27247 11,870
115200 12640 18202 21339 23578 25557 27347 11,871
115800 12682 18264 21414 23660 25646 27442 11,872
292
116400 12727 18329 21491 23746 25739 27542 11,873
117000 12771 18394 21569 23831 25832 27641 11,874
117600 12815 18460 21646 23917 25924 27740 11,875
118200 12858 18522 21721 23999 26013 27836 11,876
118800 12902 18587 21798 24084 26106 27935 11,877
119400 12947 18652 21876 24170 26199 28034 11,878
120000 12991 18718 21953 24256 26292 28134 11,879
120600 13034 18780 22028 24338 26381 28229 11,880
121200 13078 18845 22105 24423 26474 28329 11,881
121800 13123 18910 22183 24509 26567 28428 11,882
122400 13167 18976 22260 24594 26659 28527 11,883
123000 13210 19038 22335 24676 26749 28623 11,884
123600 13254 19103 22412 24762 26841 28722 11,885
124200 13299 19168 22490 24847 26934 28821 11,886
124800 13343 19234 22567 24933 27027 28921 11,887
125400 13386 19296 22642 25015 27116 29016 11,888
126000 13430 19361 22719 25101 27209 29115 11,889
126600 13474 19426 22797 25186 27302 29215 11,890
127200 13519 19492 22874 25272 27395 29314 11,891
127800 13561 19554 22949 25354 27484 29410 11,892
128400 13606 19619 23026 25439 27576 29509 11,893
129000 13650 19684 23104 25525 27669 29608 11,894
129600 13695 19750 23181 25610 27762 29708 11,895
130200 13739 19815 23259 25696 27855 29807 11,896
130800 13783 19879 23335 25780 27946 29905 11,897
131400 13828 19945 23414 25868 28041 30007 11,898
132000 13874 20012 23494 25955 28136 30108 11,899
132600 13919 20079 23573 26043 28231 30210 11,900
133200 13963 20143 23649 26127 28323 30308 11,901
133800 14008 20210 23729 26215 28418 30410 11,902
134400 14054 20276 23808 26302 28513 30511 11,903
135000 14099 20343 23887 26390 28608 30613 11,904
135600 14143 20407 23964 26474 28699 30711 11,905
136200 14188 20474 24043 26561 28794 30813 11,906
293
136800 14234 20541 24123 26649 28889 30914 11,907
137400 14279 20607 24202 26737 28984 31016 11,908
138000 14323 20671 24278 26821 29075 31114 11,909
138600 14368 20738 24358 26908 29170 31215 11,910
139200 14414 20805 24437 26996 29265 31317 11,911
139800 14459 20872 24516 27083 29361 31419 11,912
140400 14503 20936 24593 27168 29452 31517 11,913
141000 14549 21002 24672 27255 29547 31618 11,914
141600 14594 21069 24751 27343 29642 31720 11,915
142200 14639 21136 24831 27430 29737 31822 11,916
142800 14683 21200 24907 27515 29828 31920 11,917
143400 14729 21267 24986 27602 29923 32021 11,918
144000 14774 21333 25066 27690 30018 32123 11,919
144600 14820 21400 25145 27777 30113 32225 11,920
145200 14865 21467 25225 27865 30208 32327 11,921
145800 14909 21531 25301 27949 30300 32424 11,922
146400 14963 21596 25377 28041 30396 32526 11,923
147000 15006 21659 25452 28124 30486 32622 11,924
147600 15049 21722 25527 28207 30576 32718 11,925
148200 15090 21782 25599 28286 30662 32810 11,926
148800 15133 21845 25674 28369 30752 32907 11,927
149400 15176 21908 25749 28452 30842 33003 11,928
150000 15218 21971 25823 28534 30931 33099 11,929
(2) Until July 1, 1994, or a later date specified pursuant 11,932
to division (D)(3) of this section, the following basic child 11,933
support schedule shall be used by all courts and child support 11,934
enforcement agencies to calculate the amount of child support 11,935
that will be paid pursuant to a child support order or an 11,936
administrative child support order when combined gross income is 11,937
at least six thousand dollars but not more than twenty-one 11,938
thousand six hundred dollars: Basic Child Support Schedule 11,940
Gross Number of Children 11,942
Income One Two Three Four Five Six 11,945
294
6000 240 372 468 528 576 612 11,946
7200 1068 1308 1428 1608 1656 1692 11,947
8400 1884 2244 2388 2688 2736 2784 11,948
9600 2052 3180 3348 3768 3816 3876 11,949
10800 2208 3432 4308 4848 4896 4968 11,950
12000 2439 3684 4620 5208 5676 6060 11,951
13200 2654 3924 4920 5556 6048 6456 11,952
14400 2869 4186 5208 5880 6408 6840 11,953
15600 3079 4491 5508 6204 6756 7224 11,954
16800 3278 4780 5796 6528 7116 7608 11,955
18000 3478 5069 6072 6840 7464 7980 11,956
19200 3678 5358 6339 7140 7788 8352 11,957
20400 3878 5647 6678 7440 8112 8688 11,958
21600 4078 5935 7018 7755 8448 9036 11,959
(3) The office of budget and management and the department 11,962
of human services shall conduct a study of the impact on the 11,963
general revenue fund of implementing the basic child support 11,964
schedule in division (D)(1) of this section for combined gross 11,965
incomes of at least six thousand dollars but not more than 11,966
twenty-one thousand six hundred dollars. If, prior to July 1, 11,967
1994, the department and the office conclude from the study that 11,968
implementing the basic child support schedule in division (D)(1) 11,969
of this section for those incomes will have a negative impact on 11,970
the general revenue fund, the department shall inform the 11,971
controlling board of the impact and recommend to the board 11,972
continued use of the schedule in division (D)(2) until a date 11,973
which the department shall specify. On receipt of the 11,974
department's recommendation, the board shall specify a date for 11,975
discontinuance of the schedule in division (D)(2), which may be 11,976
the date recommended by the department or any other date 11,977
considered appropriate by the board. On the date specified by 11,978
the board, the schedule in division (D)(2) shall cease to be used 11,979
and child support shall be calculated pursuant to the schedule in 11,980
division (D)(1) of this section. 11,981
295
(E) When a court or child support enforcement agency 11,983
calculates the amount of child support that will be required to 11,984
be paid pursuant to a child support order or an administrative 11,985
child support order in a proceeding in which one parent is the 11,986
residential parent and legal custodian of all of the children who 11,987
are the subject of the child support order or the court issues a 11,988
shared parenting order, the court or child support enforcement 11,989
agency shall use a worksheet that is identical in content and 11,990
form to the following worksheet: 11,991
"Worksheet 11,992
............... County Domestic Relations Court (or) 11,993
............... County Child Support Enforcement Agency 11,994
Child Support Computation 11,995
Sole Residential Parent or 11,996
Shared Parenting Order 11,997
Name of parties ................................................. 11,999
Case No. .......... 12,001
Number of minor children ...... The following parent was 12,003
designated as the residential parent and legal custodian 12,004
(disregard if shared parenting order): 12,005
............. mother; ............ father. 12,007
Father has ..... pay periods annually; mother has ..... pay 12,009
periods annually. 12,010
Column I Column II Column III 12,012
Father Mother Combined
1a. Annual gross income from 12,015
employment or, when
determined appropriate by 12,016
the court or agency,
average annual gross income
from employment over a
reasonable period of years 12,017
(exclude overtime and
bonuses)................... $...... $...... 12,019
296
b. Amount of overtime and 12,020
bonuses Father Mother 12,021
Yr. 3 12,022
(Three years ago) $...... $...... 12,024
Yr. 2 12,025
(Two years ago) $...... $...... 12,027
Yr. 1 12,028
(Last calendar year) $...... $...... 12,030
Average: $...... $...... 12,032
(Include in Column I and/or 12,033
Column II the average of
the three years or the year 12,034
1 amount, whichever is
less, if there exists a
reasonable expectation that 12,035
the total earnings from
overtime and/or bonuses
during the current calendar 12,036
year will meet or exceed
the amount that is the
lower of the average of the 12,037
three years or the year 1
amount. If, however, there
exists a reasonable 12,038
expectation that the total
earnings from
overtime/bonuses during the 12,039
current calendar year will
be less than the lower of
the average of the three 12,040
years or the year 1 amount,
include only the amount
reasonably expected to be 12,041
earned this year.)......... $...... $...... 12,042
297
2. Annual income from interest 12,043
and dividends (whether or
not taxable)............... $...... $...... 12,045
3. Annual income from 12,046
unemployment compensation.. $...... $...... 12,047
4. Annual income from workers' 12,048
compensation or disability
insurance benefits......... $...... $...... 12,050
5. Other annual income 12,051
(identify)................. $...... $...... 12,052
6. Total annual gross income 12,053
(add lines 1-5)............ $...... $...... 12,054
7. Annual court-ordered support 12,055
paid for other children.... $...... $...... 12,056
8. Adjustment for minor 12,057
children born to either
parent and another parent, 12,058
which children are living
with this parent (number of
children times federal 12,059
income tax exemption less
child support received for
the year, not to exceed the 12,060
federal tax exemption)..... $...... $...... 12,061
9. Annual court-ordered spousal 12,062
support paid to a former
spouse..................... $...... $...... 12,064
10. Amount of local income taxes 12,065
actually paid or estimated
to be paid................. $...... $...... 12,067
11. For self-employed 12,068
individuals, deduct 5.6% of
adjusted gross income or 12,069
the actual marginal
298
difference between the
actual rate paid by the
self-employed individual 12,070
and the F.I.C.A. rate...... $...... $...... 12,071
12. For self-employed 12,072
individuals, deduct
ordinary and necessary
business expenses.......... $...... $...... 12,074
13. Total gross income 12,075
adjustments (add lines
7-12)...................... $...... $...... 12,076
14. Adjusted annual gross income 12,077
(subtract line 13 from line
6)......................... $...... $...... 12,079
15. Combined annual income that 12,080
is basis for child support
order (add line 14, Col. I 12,081
and Col. II)......................... $......
16. Percentage parent's income 12,082
to total income
a. Father (divide line 14, Col. 12,083
I by line 15, Col. III) .........% 12,084
b. Mother (divide line 14, Col. 12,085
II by line 15, Col. III) .......... + .......% = 100% 12,086
17. Basic combined child support 12,087
obligation (Refer to basic
child support schedule in 12,088
division (D) of section
3113.215 of the Revised
Code; in the first column 12,089
of the schedule, locate the
sum that is nearest to the
combined annual income 12,090
listed in line 15, Col. III
299
of this worksheet, then
refer to the column of the 12,091
schedule that corresponds
to the number of children
in this family. If the 12,092
income of the parents is
more than one sum, and less
than another sum, in the 12,093
first column of the
schedule, you may calculate
the basic combined child 12,094
support obligation based
upon the obligation for
those two sums.)........... $...... 12,096
18. Annual child care expenses 12,097
for the children who are
the subject of this order 12,098
that are work, employment
training, or education 12,099
related, as approved by the
court or agency (deduct the
tax credit from annual 12,100
cost, whether or not
claimed)................... $...... $...... 12,101
19. Marginal, out-of-pocket 12,102
costs, necessary to provide
for health insurance for 12,103
the children who are the
subject of this order...... $...... $...... 12,104
20. Total child care and medical 12,105
expenses (add lines 18 and
19, Column I and Column II). $...... $...... 12,107
21. Combined annual child 12,108
support obligation for this
300
family (add lines 17 and 12,109
20, Column I and Column II). ....... $...... 12,110
22. Annual support 12,111
obligation/parent
a. Father (multiply line 21, 12,112
Col. III, by line 16a)..... $...... 12,113
b. Mother (multiply line 21, 12,114
Col. III, by line 16b)..... $...... 12,115
23. Adjustment for actual 12,116
expenses paid for annual
child care expenses and 12,117
marginal, out-of-pocket
costs, necessary to provide
for health insurance (enter 12,118
number from line 18 or 19
if applicable)............. $...... $...... 12,119
24. Actual annual obligation 12,120
(subtract line 23 from line
22a or 22b)................ $...... $...... 12,122
25. GROSS HOUSEHOLD INCOME PER 12,125
PARTY AFTER EXCHANGE OF
CHILD SUPPORT (ADD LINES 14 12,127
AND 24 COLUMN I OR II FOR
RESIDENTIAL PARENT OR, IN 12,128
THE CASE OF SHARED 12,129
PARENTING ORDER, THE PARENT
TO WHOM CHILD SUPPORT WILL
BE PAID; SUBTRACT LINE 24 12,130
COLUMN I OR II FROM LINE 14
FOR PARENT WHO IS NOT THE 12,131
RESIDENTIAL PARENT OR, IN 12,132
THE CASE OF SHARED
PARENTING ORDER, THE PARENT
WHO WILL PAY CHILD SUPPORT). $...... $...... 12,134
301
26. Comments, rebuttal, or 12,135
adjustments to correct
figures in lines 24, Column 12,136
I and 24, Column II if they
would be unjust or
inappropriate and would not 12,137
be in best interest of the
child or children (specific
facts to support
adjustments must be 12,138
included).................. $...... $...... 12,139
................................................................. 12,141
................................................................. 12,142
................................................................. 12,143
(Addendum sheet may be attached) 12,144
27. Final figure (this amount 12,146
reflects final annual child
support obligation)........ $...... father/mother 12,148
obligor
28. For decree: child support 12,151
per child per week or per
month (divide obligor's 12,152
annual share, line 27, by
12 or 52 and by number of
children).................. $...... 12,154
29. For deduction order: child 12,155
support per pay period
(calculate support per pay 12,156
period from figure on line
28) plus appropriate
poundage................... $...... 12,158
Calculations have been reviewed. 12,161
Signatures .............................. 12,163
Father 12,164
302
I do/do not consent. 12,165
Sworn to before me and suscribed SUBSCRIBED in my presence, 12,167
this ..... day of .........., 19... 12,168
.............................. 12,170
Notary Public 12,171
.............................. 12,172
Mother 12,173
I do/do not consent. 12,174
Sworn to before me and suscribed SUBSCRIBED in my presence, 12,177
this ..... day of .........., 19... 12,178
.............................. 12,179
Notary Public 12,180
.............................. .............................. 12,181
Attorney for father Attorney for mother" 12,183
(F) When a court or child support enforcement agency 12,186
calculates the amount of child support that will be required to 12,187
be paid pursuant to a child support order in a proceeding in 12,188
which both parents have split parental rights and 12,189
responsibilities with respect to the children who are the subject 12,190
of the child support order, the court or child support 12,191
enforcement agency shall use a worksheet that is identical in 12,192
content and form to the following worksheet: 12,193
"Worksheet 12,194
............... County Domestic Relations Court (or) 12,195
............... County Child Support Enforcement Agency 12,196
Child Support Computation 12,197
Split Parental Rights and Responsibilities 12,198
Name of parties ............................. 12,200
Case No. .......... 12,202
Number of minor children ...... The following parent was 12,204
designated residential parent and legal custodian: 12,205
............ mother; ............ father. 12,207
Father has ..... pay periods annually; mother has ..... pay 12,209
periods annually.
303
Column I Column II Column III 12,211
Father Mother Combined
1a. Annual gross income from 12,214
employment or, when
determined to be
appropriate by the court or 12,215
agency, average annual
gross income from
employment over a 12,216
reasonable period of years
(exclude overtime and
bonuses)................... $...... $...... 12,218
b. Amount of overtime and 12,219
bonuses Father Mother 12,220
Yr. 3 12,221
(Three years ago) $...... $...... 12,222
Yr. 2 12,223
(Two years ago) $...... $...... 12,224
Yr. 1 12,225
(Last calendar year) $...... $...... 12,226
Average: $...... $...... 12,227
(Include in Column I and/or 12,228
Column II the average of
the three years or the year 12,229
1 amount, whichever is
less, if there exists a
reasonable expectation that 12,230
the total earnings from
overtime and/or bonuses 12,231
during the current calendar
year will meet or exceed
the amount that is the 12,232
lower of the average of the
three years or the year 1
304
amount. If, however, there 12,233
exists a reasonable 12,234
expectation that the total
earnings from
overtime/bonuses during the 12,235
current calendar year will
be less than the lower of
the average of the three 12,236
years or the year 1 amount,
include only the amount
reasonably expected to be 12,238
earned this year.)......... $...... $....... 12,239
2. Annual income from interest 12,240
and dividends (whether or
not taxable)............... $...... $...... 12,242
3. Annual income from 12,243
unemployment compensation.. $...... $...... 12,244
4. Annual income from workers' 12,245
compensation or disability
insurance benefits......... $...... $...... 12,247
5. Other annual income 12,248
(identify)................. $...... $...... 12,249
6. Total annual gross income 12,250
(add lines 1-5)............ $...... $...... 12,251
7. Annual court-ordered support 12,252
paid for other children.... $...... $...... 12,253
8. Adjustment for minor 12,254
children born to either
parent and another parent, 12,255
which children are living
with this parent (number of
children times federal 12,256
income tax exemption less
child support received for
305
the year, not to exceed the 12,257
federal tax exemption)..... $...... $...... 12,258
9. Annual court-ordered spousal 12,259
support paid to a former
spouse..................... $...... $...... 12,261
10. Amount of local income taxes 12,262
actually paid or estimated
to be paid................. $...... $...... 12,264
11. For self-employed 12,265
individuals, deduct 5.6% of
adjusted gross income or 12,266
the actual marginal
difference between the
actual rate paid by the
self-employed individual 12,267
and the F.I.C.A. rate...... $...... $...... 12,268
12. For self-employed 12,269
individuals, deduct
ordinary and necessary
business expenses.......... $...... $...... 12,271
13. Total gross income 12,272
adjustments (add lines
7-12)...................... $...... $...... 12,273
14. Adjusted annual gross income 12,274
(subtract line 13 from line
6)......................... $...... $...... 12,276
15. Combined annual income that 12,277
is basis for child support
order (add line 14, Col. I 12,278
and Col. II)............... $..... 12,279
16. Percentage parent's income 12,280
to total income
a. Father (divide line 14, Col. 12,281
I by line 15, Col. III) .........% 12,282
306
b. Mother (divide line 14, Col. 12,283
II by line 15, Col. III)... + .......% = 100% 12,284
17. Basic combined child support 12,285
obligation/household
a. For children for whom the 12,286
father is the residential
parent and legal custodian 12,287
(Refer to basic child
support schedule in
division (D) of section 12,288
3113.215 of the Revised
Code; in the first column
of the schedule, locate the 12,289
sum that is nearest to the
combined annual income
listed in line 15, Col. III 12,290
of this worksheet, then
refer to the column of the
schedule that corresponds 12,291
to the number of children
for whom the father is the
residential parent and 12,292
legal custodian. If the
income of the parents is
more than one sum, and less 12,293
than another sum, in the
first column of the
schedule, you may calculate 12,294
the basic combined child
support obligation based
upon the obligation for 12,295
those two sums.)........... $...... 12,296
b. For children for whom the 12,297
mother is the RESIDENTIAL
307
parent and the legal 12,298
custodian. (Refer to basic
child support schedule in
division (D) of section 12,299
3313.215 3113.215 of the
Revised Code; in the first 12,300
column of the schedule,
locate the sum that is
nearest to the combined
annual income listed in 12,301
line 15, Col. III of this
worksheet, then refer to
the column of the schedule 12,302
that corresponds to the
number of children for whom
the mother is the 12,303
residential parent and the 12,304
legal custodian. If the
income of the parents is
more than one sum, and less 12,305
than another sum, in the
first column of the
schedule, you may calculate 12,306
the basic combined child
support obligation based
upon the obligation for 12,307
those two sums.)........... $...... 12,308
18. Annual child care expenses 12,309
for the children who are
the subject of this order 12,310
that are work, employment
training, or education 12,311
related, as approved by the
court or agency (deduct the
308
as approved by the court or 12,312
agency (deduct the tax
credit from annual cost, 12,313
whether or not claimed)
a. Expenses paid by the father. $...... 12,315
b. Expenses paid by the mother. $...... 12,317
19. Marginal, out-of-pocket 12,318
costs, necessary to provide
for health insurance for 12,319
the children who are the
subject of this order
a. Costs paid by the father.... $...... 12,321
b. Costs paid by the mother.... $...... 12,323
20. Total annual child care and 12,324
medical expenses
a. Of father (add lines 18a and 12,325
19a)....................... $...... 12,326
b. Of mother (add lines 18b and 12,327
19b)....................... $...... 12,328
21. Total annual child support 12,329
obligation
a. Of father for child(ren) for 12,330
whom the mother is the
residential parent and 12,331
legal custodian (add lines
20a and 17b and multiply by
line 16a).................. $...... 12,333
b. Of mother for child(ren) for 12,334
whom the father is the
residential parent and 12,335
legal custodian (add lines
20b and 17b 17a and
multiply by line 16b)...... $...... 12,337
22. Adjustment for actual 12,338
309
expenses paid for annual
child care expenses, and 12,339
marginal, out-of-pocket
costs, necessary to provide
for health insurance
a. For father (enter number 12,340
from line 20a)............. $...... 12,341
b. For mother (enter number 12,342
from line 20b)............. $...... 12,343
23. Actual annual obligation 12,344
(subtract line 22a from
line 21a and insert in 12,345
Column I; subtract line 22b
from line 21b and insert in
Column II)................. $...... $...... 12,347
24. Net annual support 12,348
obligation (greater amount
on line 23 Column I or line 12,349
23 Column II minus lesser
amount on line 23 Column I
or line 23 Column II)...... $...... $...... 12,351
25. Gross household income per 12,352
party after exchange of
child support.............. $...... $...... 12,354
(add line 14 and line 24 12,355
for the parent receiving a
child support payment; 12,356
subtract line 24 from line
14 for the parent making a
child support payment) 12,357
26. Comments, rebuttal, or 12,358
adjustments to correct
figures in lines 24, Column 12,359
I and 24, Column II if they
310
would be unjust or
inappropriate and would not 12,360
be in best interest of the
children (specific facts to
support adjustments must be 12,361
included).................. $...... $...... 12,362
................................................................. 12,364
................................................................. 12,365
................................................................. 12,366
(Addendum sheet may be attached) 12,367
27. Final figure (this amount 12,369
reflects final annual child
support obligation)........ $...... father/mother 12,371
obligor
28. For decree: child support 12,374
per child per week or per
month (divide obligor's 12,375
annual share, line 27, by
12 or 52 and by the number
of children)............... $...... 12,377
29. For deduction order: child 12,378
support per day (calculate
support per pay period from 12,379
figure on line 28) and add
appropriate poundage....... $...... 12,380
Calculations have been reviewed. 12,383
Signatures .............................. 12,385
Father 12,386
I do/do not consent. 12,387
Sworn to before me and suscribed SUBSCRIBED in my presence, 12,390
this ..... day of .........., 19... 12,391
.............................. 12,393
Notary Public 12,394
.............................. 12,395
311
Mother 12,396
I do/do not consent. 12,397
Sworn to before me and suscribed SUBSCRIBED in my presence, 12,400
this ..... day of .........., 19... 12,401
.............................. 12,403
Notary Public 12,404
.............................. .............................. 12,405
Attorney for father Attorney for mother" 12,406
(G) At least once every four years, the department of 12,409
human services shall review the basic child support schedule set 12,410
forth in division (D) of this section to determine whether 12,411
support orders issued in accordance with the schedule and the 12,412
applicable worksheet in division (E) of this section, through 12,413
line 24, or in division (F) of this section, through line 23, 12,414
adequately provide for the needs of the children who are subject 12,415
to the support orders, prepare a report of its review, and submit 12,416
a copy of the report to both houses of the general assembly. For 12,417
each review, the department shall establish a child support 12,418
guideline advisory council to assist the department in the 12,420
completion of its reviews and reports. Each council shall be 12,422
composed of obligors, obligees, judges of courts of common pleas
who have jurisdiction over domestic relations cases, attorneys 12,423
whose practice includes a significant number of domestic 12,424
relations cases, representatives of child support enforcement 12,425
agencies, other persons interested in the welfare of children, 12,426
three members of the senate appointed by the president of the 12,427
senate, no more than two of whom are members of the same party, 12,428
and three members of the house of representatives appointed by 12,429
the speaker of the house, no more than two of whom are members of 12,430
the same party. The department shall consider input from the 12,431
council prior to the completion of any report under this section. 12,433
The advisory council shall cease to exist at the time that it 12,437
submits its report to the general assembly. Any expenses 12,438
incurred by an advisory council shall be paid by the department. 12,439
312
On or before March 1, 1993, the department shall submit its 12,441
initial report under this division to both houses of the general 12,442
assembly. On or before the first day of March of every fourth 12,443
year after 1993, the department shall submit a report under this 12,444
division to both houses of the general assembly. 12,445
Sec. 3113.216. (A) As used in this section, "obligor," 12,454
AND "obligee," and "child support enforcement agency" have the 12,455
same meanings as in section 3113.21 of the Revised Code. 12,456
(B) No later than October 13, 1990, the department of 12,458
human services shall adopt rules pursuant to Chapter 119. of the 12,459
Revised Code establishing a procedure for determining when 12,460
existing child support orders should be reviewed to determine 12,461
whether it is necessary and in the best interest of the children 12,462
who are the subject of the child support order to change the 12,463
child support order. The rules shall include, but are not 12,464
limited to, all of the following: 12,465
(1) Any procedures necessary to comply with section 12,467
666(a)(10) of Title 42 of the U.S. Code, "Family Support Act of 12,468
1988," 102 Stat. 2346, 42 U.S.C. 666(a)(10), as amended, and any 12,469
regulations adopted pursuant to, or to enforce, that section; 12,470
(2) Procedures for determining what child support orders 12,472
are to be subject to review upon the request of either the 12,473
obligor or the obligee or periodically by the child support 12,474
enforcement agency administering the child support order; 12,475
(3) Procedures for the child support enforcement agency to 12,477
periodically review and to review, upon the request of the 12,478
obligor or the obligee, any child support order that is subject 12,479
to review to determine whether the amount of child support paid 12,480
under the child support order should be adjusted in accordance 12,481
with the basic child support schedule set forth in division (D) 12,482
of section 3113.215 of the Revised Code; 12,483
(4) Procedures for giving obligors and obligees notice of 12,485
their right to request a review of a child support order that is 12,486
determined to be subject to review, notice of any proposed 12,487
313
revision of the amount of child support to be paid under the 12,488
child support order, notice of the procedures for requesting a 12,489
hearing on any proposed revision of the amount of child support 12,490
to be paid under a child support order, notice of any 12,491
administrative hearing to be held on a proposed revision of the 12,492
amount of child support to be paid under a child support order, 12,493
at least sixty days' prior notice of any review of their child 12,494
support order, and notice that a failure to comply with any 12,495
request for documents or information to be used in the review of 12,496
a child support order is contempt of court; 12,497
(5) Procedures for obtaining the necessary documents and 12,499
information necessary to review child support orders and for 12,500
holding administrative hearings on a proposed revision of the 12,501
amount of child support to be paid under a child support order; 12,502
(6) Procedures for adjusting child support orders in 12,504
accordance with the basic child support schedule set forth in 12,505
division (D) of section 3113.215 of the Revised Code and the 12,506
applicable worksheet in division (E) of that section, through 12,507
line 24 or in division (F) of that section, through line 23. 12,508
(C)(1) If a child support enforcement agency, periodically 12,510
or upon request of an obligor or obligee, plans to review a child 12,511
support order in accordance with the rules adopted pursuant to 12,512
division (B) of this section or otherwise plans to review a child 12,513
support order, it shall do all of the following prior to formally 12,514
beginning the review: 12,515
(a) Establish a date certain upon which the review will 12,517
formally begin; 12,518
(b) At least sixty days before formally beginning the 12,520
review, send the obligor and the obligee notice of the planned 12,521
review and of the date when the review will formally begin; 12,522
(c) Request the obligor to provide the agency, no later 12,524
than the scheduled date for formally beginning the review, with a 12,525
copy of the obligor's federal income tax return from the previous 12,526
year, a copy of all pay stubs obtained by the obligor within the 12,527
314
preceding six months, a copy of all other records evidencing the 12,528
receipt of any other salary, wages, or compensation by the 12,529
obligor within the preceding six months, and any other 12,530
information necessary to properly review the child support order, 12,531
and request the obligee to provide the agency, no later than the 12,532
scheduled date for formally beginning the review, with a copy of 12,533
the obligee's federal income tax return from the previous year, a 12,534
copy of all pay stubs obtained by the obligee within the 12,535
preceding six months, a copy of all other records evidencing the 12,536
receipt of any other salary, wages, or compensation by the 12,537
obligee within the preceding six months, and any other 12,538
information necessary to properly review the child support order; 12,539
(d) Include in the notice sent pursuant to division 12,541
(C)(1)(b) of this section, a notice that a willful failure to 12,542
provide the documents and other information requested pursuant to 12,543
division (C)(1)(c) of this section is contempt of court. 12,544
(2) If either the obligor or the obligee fails to comply 12,546
with a request for information made pursuant to division 12,547
(C)(1)(c) of this section, it is contempt of court, and the 12,548
agency shall notify the court of the failure to comply with the 12,549
request for information. The agency may request the court to 12,550
issue an order requiring the obligor or the obligee to provide 12,551
the information as requested or take whatever action is necessary 12,552
to obtain the information and make any reasonable assumptions 12,553
necessary with respect to the income of the person in contempt of 12,554
court to ensure a fair and equitable review of the child support 12,555
order. If the agency decides to conduct the review based upon 12,556
reasonable assumptions with respect to the income of the person 12,557
in contempt of court, it shall proceed under division (C)(3) of 12,558
this section in the same manner as if all requested information 12,559
has been received. 12,560
(3) Upon the date established pursuant to division 12,562
(C)(1)(a) of this section for formally beginning the review of a 12,563
child support order, the agency shall review the child support 12,564
315
order and shall do all of the following: 12,565
(a) Calculate a revised amount of child support to be paid 12,567
under the child support order; 12,568
(b) Give the obligor and obligee notice of the revised 12,570
amount of child support to be paid under the child support order, 12,571
of their right to request an administrative hearing on the 12,572
revised amount of child support, of the procedures and time 12,573
deadlines for requesting the hearing, and that the revised amount 12,574
of child support will be submitted to the court for inclusion in 12,575
a revised child support order unless the obligor or obligee 12,576
requests an administrative hearing on the proposed change within 12,577
thirty days after receipt of the notice under this division; 12,578
(c) If neither the obligor nor the obligee timely requests 12,580
an administrative hearing on the revised amount of child support 12,581
to be paid under the child support order, submit the revised 12,582
amount of child support to the court for inclusion in a revised 12,583
child support order; 12,584
(d) If the obligor or the obligee timely requests an 12,586
administrative hearing on the revised amount of child support to 12,587
be paid under the child support order, the agency shall schedule 12,588
a hearing on the issue, give the obligor and obligee notice of 12,589
the date, time, and location of the hearing, conduct the hearing 12,590
in accordance with the rules adopted under division (B) of this 12,591
section, redetermine at the hearing a revised amount of child 12,592
support to be paid under the child support order, and give notice 12,593
of all of the following to the obligor and obligee: 12,594
(i) The revised amount of child support to be paid under 12,596
the child support order; 12,597
(ii) That they may request a court hearing on the revised 12,599
amount of child support; 12,600
(iii) That the agency will submit the revised amount of 12,602
child support to the court for inclusion in a revised child 12,603
support order, if neither the obligor nor the obligee requests a 12,604
court hearing on the revised amount of child support. 12,605
316
(e) If neither the obligor nor the obligee requests a 12,607
court hearing on the revised amount of child support to be paid 12,608
under the child support order, submit the revised amount of child 12,609
support to the court for inclusion in a revised child support 12,610
order. 12,611
(4) In calculating a revised amount of child support to be 12,613
paid under a child support order under division (C)(3)(a) of this 12,614
section, and in redetermining, at an administrative hearing 12,615
conducted under division (C)(3)(d) of this section, a revised 12,616
amount of child support to be paid under a child support order, 12,617
the child support enforcement agency shall consider, in addition 12,618
to all other factors required by law to be considered, the cost 12,619
of health insurance which the obligor, the obligee, or both the 12,620
obligor and the obligee have been ordered to obtain for the 12,621
children specified in the order. 12,622
(D) If an obligor or obligee files a request for a court 12,624
hearing on a revised amount of child support to be paid under a 12,625
child support order in accordance with division (C) of this 12,626
section and the rules adopted under division (B) of this section, 12,627
the court shall conduct a hearing in accordance with division 12,628
(C)(1)(c) of section 3113.21 of the Revised Code. 12,629
(E) A child support enforcement agency is not required to 12,631
review a child support order pursuant to this section if the 12,632
review is not otherwise required by section 666(a)(10) of Title 12,633
42 of the U.S. Code, "Family Support Act of 1988," 102 Stat. 12,634
2346, 42 U.S.C. 666(a)(10), as amended, and any regulations 12,635
adopted pursuant to, or to enforce, that section and if either of 12,636
the following apply: 12,637
(1) The obligee has made an assignment under section 12,639
5107.07 of the Revised Code of his THE right to receive child 12,640
support payments, the agency determines that the review would not 12,642
be in the best interest of the children who are the subject of 12,643
the child support order, and neither the obligor nor the obligee 12,644
has requested that the review be conducted; 12,645
317
(2) The obligee has not made an assignment under section 12,647
5107.07 5107.25 of the Revised Code of his THE right to receive 12,649
child support payments, neither the obligor nor the obligee has 12,651
requested that the review be conducted. 12,652
Sec. 3113.217. (A) As used in this section: 12,661
(1) "Obligor," AND "obligee," and "child support 12,663
enforcement agency" have the same meanings as in section 3113.21 12,665
of the Revised Code. 12,666
(2) "Insurer" means any person that is authorized to 12,668
engage in the business of insurance in this state under Title 12,669
XXXIX of the Revised Code, any health insuring corporation, and 12,671
any legal entity that is self-insured and provides benefits to 12,672
its employees or members.
(B) In any action or proceeding in which a child support 12,674
order is issued or modified on or after July 1, 1990, under 12,675
Chapter 3115. or section 2151.23, 2151.231, 2151.33, 2151.36, 12,676
2151.49, 3105.18, 3105.21, 3109.05, 3109.19, 3111.13, 3113.04, 12,678
3113.07, 3113.216, or 3113.31 of the Revised Code, the child 12,680
support enforcement agency shall determine whether the obligor or 12,681
obligee has satisfactory health insurance coverage, other than 12,682
medical assistance under Title XIX of the "Social Security Act," 12,683
49 Stat. 620 (1935), 42 U.S.C. 301, as amended, for the children 12,684
who are the subject of the child support order. If the agency 12,685
determines that neither the obligor nor the obligee has 12,686
satisfactory health insurance coverage for the children, it shall 12,687
file a motion with the court requesting the court to issue an 12,688
order in accordance with divisions (C) to (K) of this section. 12,689
(C) In any action or proceeding in which a child support 12,691
order is issued or modified on or after July 1, 1990, under 12,692
Chapter 3115. or section 2151.23, 2151.231, 2151.33, 2151.36, 12,693
2151.49, 3105.18, 3105.21, 3109.05, 3109.19, 3111.13, 3113.04, 12,695
3113.07, 3113.216, or 3113.31 of the Revised Code, in addition to 12,697
any requirements in those sections, the court also shall issue a 12,698
separate order that includes all of the following: 12,699
318
(1) A requirement that the obligor under the child support 12,701
order obtain health insurance coverage for the children who are 12,702
the subject of the child support order from an insurer that 12,703
provides a group health insurance or health care policy, 12,704
contract, or plan that is specified in the order and a 12,705
requirement that the obligor, no later than thirty days after the 12,706
issuance of the order under division (C)(1) of this section, 12,707
furnish written proof to the child support enforcement agency 12,708
that the required health insurance coverage has been obtained, if 12,709
that coverage is available at a reasonable cost through a group 12,710
health insurance or health care policy, contract, or plan offered 12,711
by the obligor's employer or through any other group health 12,712
insurance or health care policy, contract, or plan available to 12,713
the obligor and if health insurance coverage for the children is 12,714
not available for a more reasonable cost through a group health 12,715
insurance or health care policy, contract, or plan available to 12,716
the obligee under the child support order; 12,717
(2) If the obligor is required under division (C)(1) of 12,719
this section to obtain health insurance coverage for the children 12,720
who are the subject of the child support order, a requirement 12,721
that the obligor supply the obligee with information regarding 12,722
the benefits, limitations, and exclusions of the health insurance 12,723
coverage, copies of any insurance forms necessary to receive 12,724
reimbursement, payment, or other benefits under the health 12,725
insurance coverage, and a copy of any necessary insurance cards, 12,726
a requirement that the obligor submit a copy of the court order 12,727
issued pursuant to division (C) of this section to the insurer at 12,728
the time that the obligor makes application to enroll the 12,729
children in the health insurance or health care policy, contract, 12,730
or plan, and a requirement that the obligor, no later than thirty 12,731
days after the issuance of the order under division (C)(2) of 12,732
this section, furnish written proof to the child support 12,733
enforcement agency that division (C)(2) of this section has been 12,734
complied with; 12,735
319
(3) A requirement that the obligee under the child support 12,737
order obtain health insurance coverage for the children who are 12,738
the subject of the child support order from an insurer that 12,739
provides a group health insurance or health care policy, 12,740
contract, or plan that is specified in the order and a 12,741
requirement that the obligee, no later than thirty days after the 12,742
issuance of the order under division (C)(1) of this section, 12,743
furnish written proof to the child support enforcement agency 12,744
that the required health insurance coverage has been obtained, if 12,745
that coverage is available through a group health insurance or 12,746
health care policy, contract, or plan offered by the obligee's 12,747
employer or through any other group health insurance or health 12,748
care policy, contract, or plan available to the obligee and if 12,749
that coverage is available at a more reasonable cost than health 12,750
insurance coverage for the children through a group health 12,751
insurance or health care policy, contract, or plan available to 12,752
the obligor; 12,753
(4) If the obligee is required under division (C)(3) of 12,755
this section to obtain health insurance coverage for the children 12,756
who are the subject of the child support order, a requirement 12,757
that the obligee submit a copy of the court order issued pursuant 12,758
to division (C) of this section to the insurer at the time that 12,759
the obligee makes application to enroll the children in the 12,760
health insurance or health care policy, contract, or plan; 12,761
(5) A list of the group health insurance and health care 12,763
policies, contracts, and plans that the court determines are 12,764
available at a reasonable cost to the obligor or to the obligee 12,765
and the name of the insurer that issues each policy, contract, or 12,766
plan; 12,767
(6) A statement setting forth the name, address, and 12,769
telephone number of the individual who is to be reimbursed for 12,770
out-of-pocket medical, optical, hospital, dental, or prescription 12,771
expenses paid for each child who is the subject of the support 12,772
order and a statement that the insurer that provides the health 12,773
320
insurance coverage for the children may continue making payment 12,774
for medical, optical, hospital, dental, or prescription services 12,775
directly to any health care provider in accordance with the 12,776
applicable health insurance or health care policy, contract, or 12,777
plan; 12,778
(7) A requirement that the obligor and the obligee 12,780
designate the children who are the subject of the child support 12,781
order as covered dependents under any health insurance or health 12,782
care policy, contract, or plan for which they contract; 12,783
(8) A requirement that the obligor, the obligee, or both 12,785
of them under a formula established by the court pay co-payment 12,786
or deductible costs required under the health insurance or health 12,787
care policy, contract, or plan that covers the children; 12,788
(9) If health insurance coverage for the children who are 12,790
the subject of the order is not available at a reasonable cost 12,791
through a group health insurance or health care policy, contract, 12,792
or plan offered by the obligor's employer or through any other 12,793
group health insurance or health care policy, contract, or plan 12,794
available to the obligor and is not available at a reasonable 12,795
cost through a group health insurance or health care policy, 12,796
contract, or plan offered by the obligee's employer or through 12,797
any other group health insurance or health care policy, contract, 12,798
or plan available to the obligee, a requirement that the obligor 12,799
and the obligee share liability for the cost of the medical and 12,800
health care needs of the children who are the subject of the 12,801
order, under an equitable formula established by the court, and a 12,802
requirement that if, after the issuance of the order, health 12,803
insurance coverage for the children who are the subject of the 12,804
order becomes available at a reasonable cost through a group 12,805
health insurance or health care policy, contract, or plan offered 12,806
by the obligor's or obligee's employer or through any other group 12,807
health insurance or health care policy, contract, or plan 12,808
available to the obligor or obligee, the obligor or obligee to 12,809
whom the coverage becomes available immediately inform the court 12,810
321
of that fact; 12,811
(10) A notice that, if the obligor is required under 12,813
divisions (C)(1) and (2) of this section to obtain health 12,814
insurance coverage for the children who are the subject of the 12,815
child support order and if the obligor fails to comply with the 12,816
requirements of those divisions, the court immediately shall 12,817
issue an order to the employer of the obligor, upon written 12,818
notice from the child support enforcement agency, requiring the 12,819
employer to take whatever action is necessary to make application 12,820
to enroll the obligor in any available group health insurance or 12,821
health care policy, contract, or plan with coverage for the 12,822
children who are the subject of the child support order, to 12,823
submit a copy of the court order issued pursuant to division (C) 12,824
of this section to the insurer at the time that the employer 12,825
makes application to enroll the children in the health insurance 12,826
or health care policy, contract, or plan, and, if the obligor's 12,827
application is accepted, to deduct any additional amount from the 12,828
obligor's earnings necessary to pay any additional cost for that 12,829
health insurance coverage; 12,830
(11) A notice that during the time that an order under 12,832
this section is in effect, the employer of the obligor is 12,833
required to release to the obligee or the child support 12,834
enforcement agency upon written request any necessary information 12,835
on the health insurance coverage of the obligor, including, but 12,836
not limited to, the name and address of the insurer and any 12,837
policy, contract, or plan number, and to otherwise comply with 12,838
this section and any court order issued under this section; 12,839
(12) A statement setting forth the full name and date of 12,841
birth of each child who is the subject of the child support 12,842
order; 12,843
(13) A requirement that the obligor and the obligee comply 12,845
with any requirement described in division (C)(1), (2), (3), (4), 12,846
or (7) of this section that is contained in the order issued 12,847
under this section no later than thirty days after the issuance 12,848
322
of the order. 12,849
(D) In any action in which a child support order is issued 12,851
or modified on or after July 1, 1990, under Chapter 3115. or 12,852
section 2151.23, 2151.231, 2151.33, 2151.36, 2151.49, 3105.18, 12,853
3105.21, 3109.05, 3109.19, 3111.13, 3113.04, 3113.07, 3113.216, 12,855
or 3113.31 of the Revised Code, the court, in addition to any 12,856
requirements in those sections and in lieu of an order issued 12,857
under division (C) of this section, may issue a separate order 12,858
requiring both the obligor and the obligee to obtain health 12,859
insurance coverage for the children who are the subject of the 12,860
child support order, if health insurance coverage is available 12,861
for the children and if the court determines that the coverage is 12,862
available at a reasonable cost to both the obligor and the 12,863
obligee and that the dual coverage by both parents would provide 12,864
for coordination of medical benefits without unnecessary 12,865
duplication of coverage. If the court issues an order under this 12,866
division, it shall include in the order any of the requirements, 12,867
notices, and information set forth in divisions (C)(1) to (13) of 12,868
this section that are applicable. 12,869
(E) Any order issued under this section shall be binding 12,871
upon the obligor and the obligee, their employers, and any 12,872
insurer that provides health insurance coverage for either of 12,873
them or their children. The court shall send a copy of any order 12,874
issued under this section that contains any requirement or notice 12,875
described in division (C)(1), (2), (3), (4), (7), (8), or (10) of 12,876
this section by ordinary mail to the obligor, the obligee, and 12,877
any employer that is subject to the order. The court shall send 12,878
a copy of any order issued under this section that contains any 12,879
requirement contained in division (C)(9) of this section by 12,880
ordinary mail to the obligor and obligee. 12,881
(F) If an obligor does not comply with any order issued 12,883
under this section that contains any requirement or notice 12,884
described in division (C)(1), (2), (4), (7), (8), or (10) of this 12,885
section within thirty days after the order is issued, the child 12,886
323
support enforcement agency shall notify the court in writing of 12,887
the failure of the obligor to comply with the order. Upon 12,888
receipt of the notice from the agency, the court shall issue an 12,889
order to the employer of the obligor requiring the employer to 12,890
take whatever action is necessary to make application to enroll 12,891
the obligor in any available group health insurance or health 12,892
care policy, contract, or plan with coverage for the children who 12,893
are the subject of the child support order, to submit a copy of 12,894
the court order issued pursuant to division (C) of this section 12,895
to the insurer at the time that the employer makes application to 12,896
enroll the children in the health insurance or health care 12,897
policy, contract, or plan, and, if the obligor's application is 12,898
accepted, to deduct from the wages or other income of the obligor 12,899
the cost of the coverage for the children. Upon receipt of any 12,900
order under this division, the employer shall take whatever 12,901
action is necessary to comply with the order. 12,902
During the time that any order issued under this section is 12,904
in effect and after the employer has received a copy of the 12,905
order, the employer of the obligor who is the subject of the 12,906
order shall comply with the order and, upon request from the 12,907
obligee or agency, shall release to the obligee and the child 12,908
support enforcement agency all information about the obligor's 12,909
health insurance coverage that is necessary to ensure compliance 12,910
with this section or any order issued under this section, 12,911
including, but not limited to, the name and address of the 12,912
insurer and any policy, contract, or plan number. Any 12,913
information provided by an employer pursuant to this division 12,914
shall be used only for the purpose of the enforcement of an order 12,915
issued under this section. 12,916
Any employer who receives a copy of an order issued under 12,918
this section shall notify the child support enforcement agency of 12,919
any change in or the termination of the obligor's health 12,920
insurance coverage that is maintained pursuant to an order issued 12,921
under this section. 12,922
324
(G) Any insurer that receives a copy of an order issued 12,924
under this section shall comply with this section and any order 12,925
issued under this section, regardless of the residence of the 12,926
children. If an insurer provides health insurance coverage for 12,927
the children who are the subject of a child support order in 12,928
accordance with an order issued under this section, the insurer 12,929
shall reimburse the parent, who is designated to receive 12,930
reimbursement in the order issued under this section, for covered 12,931
out-of-pocket medical, optical, hospital, dental, or prescription 12,932
expenses incurred on behalf of the children subject to the order. 12,933
(H) If an obligee under a child support order is eligible 12,935
for medical assistance under Chapter 5111. or 5115. of the 12,936
Revised Code and the obligor has obtained health insurance 12,937
coverage pursuant to an order issued under division (C) of this 12,938
section, the obligee shall notify any physician, hospital, or 12,939
other provider of medical services for which medical assistance 12,940
is available of the name and address of the obligor's insurer and 12,941
of the number of the obligor's health insurance or health care 12,942
policy, contract, or plan. Any physician, hospital, or other 12,943
provider of medical services for which medical assistance is 12,944
available under Chapter 5111. or 5115. of the Revised Code who is 12,945
notified under this division of the existence of a health 12,946
insurance or health care policy, contract, or plan with coverage 12,947
for children who are eligible for medical assistance first shall 12,948
bill the insurer for any services provided for those children. 12,949
If the insurer fails to pay all or any part of a claim filed 12,950
under this division by the physician, hospital, or other medical 12,951
services provider and the services for which the claim is filed 12,952
are covered by Chapter 5111. or 5115. of the Revised Code, the 12,953
physician, hospital, or other medical services provider shall 12,954
bill the remaining unpaid costs of the services in accordance 12,955
with Chapter 5111. or 5115. of the Revised Code. 12,956
(I) Any obligor who fails to comply with an order issued 12,958
under this section is liable to the obligee for any medical 12,959
325
expenses incurred as a result of the failure to comply with the 12,960
order. 12,961
(J) Whoever violates an order issued under this section 12,963
may be punished as for contempt under Chapter 2705. of the 12,964
Revised Code. If an obligor is found in contempt under that 12,965
chapter for failing to comply with an order issued under this 12,966
section and if the obligor previously has been found in contempt 12,967
under that chapter, the court shall consider the obligor's 12,968
failure to comply with the court's order as a change in 12,969
circumstances for the purpose of modification of the amount of 12,970
support due under the child support order that is the basis of 12,971
the order issued under this section. 12,972
(K) Nothing in this section shall be construed to require 12,974
an insurer to accept for enrollment any child who does not meet 12,975
the underwriting standards of the health insurance or health care 12,976
policy, contract, or plan for which application is made. 12,977
(L) Notwithstanding section 3109.01 of the Revised Code, 12,979
if a court issues an order under this section requiring a parent 12,980
to obtain health insurance coverage for the children who are the 12,981
subject of a child support order, the order shall remain in 12,982
effect beyond the child's eighteenth birthday as long as the 12,983
child continuously attends on a full-time basis any recognized 12,984
and accredited high school. Any parent ordered to obtain health 12,985
insurance coverage for the children who are the subject of a 12,986
child support order shall continue to obtain the coverage for the 12,987
children under the order, including during seasonal vacation 12,988
periods, until the order terminates. 12,989
Sec. 3113.218. (A) As used in this section: 12,998
(1) "Child support enforcement agency" has the same 13,000
meaning as in section 3113.21 of the Revised Code. 13,001
(2), "Child CHILD support order" has the same meaning as 13,004
in section 3113.215 of the Revised Code. 13,005
(B) In any action or proceeding in which a child support 13,007
order is issued or modified on or after July 1, 1990, under 13,008
326
Chapter 3115. or section 2151.23, 2151.33, 2151.36, 2151.49, 13,009
3105.18, 3105.21, 3109.05, 3109.19, 3111.13, 3113.04, 3113.07, 13,010
3113.216, or 3113.31 of the Revised Code, the court that issues 13,012
or modifies the order shall include in the order, in addition to 13,013
any provision required by any of those sections or by any other 13,014
section of the Revised Code, all of the following: 13,015
(1) A requirement that, regardless of the frequency or 13,017
amount of child support payments to be made under the order, the 13,018
child support enforcement agency that is required to administer 13,019
the order shall administer it on a monthly basis, in accordance 13,020
with this section; 13,021
(2) A specification of the monthly amount due under the 13,023
child support order for purposes of its monthly administration, 13,024
as determined under division (D) of this section; 13,025
(3) A statement that payments under the order are to be 13,027
made in the manner ordered by the court, and that if the payments 13,028
are to be made other than on a monthly basis, the required 13,029
monthly administration by the agency does not affect the 13,030
frequency or the amount of the child support payments to be made 13,031
under the order. 13,032
(C) If a child support enforcement agency is required by 13,034
statute or court order to administer a child support order that 13,035
was issued or modified on or after July 1, 1990, the agency shall 13,036
administer the order on a monthly basis, in accordance with the 13,037
provisions of the order that contain the information described in 13,038
division (B) of this section. 13,039
(D) If a court issues or modifies a child support order on 13,041
or after July 1, 1990, and if the child support payments due 13,042
under the order are to be made other than on a monthly basis, the 13,043
court shall calculate a monthly amount due under the child 13,044
support order, for purposes of its monthly administration, in the 13,045
following manner: 13,046
(1) If the child support order is to be paid weekly, 13,048
multiply the weekly amount of child support due under the order 13,049
327
by fifty-two and divide the resulting product by twelve; 13,050
(2) If the child support order is to be paid biweekly, 13,052
multiply the biweekly amount of child support due under the order 13,053
by twenty-six and divide the resulting product by twelve; 13,054
(3) If the child support order is to be paid periodically 13,056
but is not to be paid weekly, biweekly, or monthly, multiply the 13,057
periodic amount of child support due by an appropriate number to 13,058
obtain the annual amount of child support due under the order and 13,059
divide the annual amount of child support due by twelve. 13,060
(E) If the payments under a child support order are to be 13,062
made other than on a monthly basis, the required monthly 13,063
administration of the order by a child support enforcement agency 13,064
pursuant to this section shall not affect the frequency or the 13,065
amount of the child support payments to be made under the order. 13,066
(F) The provisions of this section do not apply in 13,068
relation to a child support order unless the order was issued or 13,069
modified on or after July 1, 1990. 13,070
Sec. 3115.24. (A) A court shall give full faith and 13,079
credit to a parentage determination made under the laws of a 13,080
state, regardless of whether the parentage determination was made 13,081
pursuant to a voluntary acknowledgement of paternity, an 13,082
administrative procedure, or a court proceeding.
(B) If the obligor asserts as a defense that he is not the 13,085
father of the child for whom support is sought, and if the issue 13,086
of parentage previously has not been determined by a court or 13,087
administrative body of this state or another state, the court,
upon its own motion or the motion of any party to the action, 13,088
shall order the child's mother, the child, the alleged father of 13,089
the child, and any other person who is a defendant in the action 13,091
to submit to genetic tests for use in determining the paternity
of the child in accordance with divisions (B), (C), and (D) of 13,092
section 3111.09 of the Revised Code. 13,093
(C) If the court orders any persons to submit to genetic 13,095
tests pursuant to division (B) of this section, the fees charged 13,096
328
for the tests shall be paid by the party that requested the 13,097
genetic tests unless the custodian of the child is represented by 13,098
the child support enforcement agency in its role as the agency 13,099
providing enforcement of child support orders under Title IV-D of 13,100
the "Social Security Act," 88 Stat. 2351 (1975), 42 U.S.C. 651, 13,101
as amended, the custodian of the child is a recipient of aid to 13,102
dependent children PARTICIPANT IN OHIO WORKS FIRST under Chapter 13,104
5107. of the Revised Code for the benefit of the child or the 13,106
defendant in the action is found to be indigent, in which case 13,107
the child support enforcement agency shall pay the costs of the 13,108
genetic testing. The child support enforcement agency, within 13,109
guidelines contained in that federal law, shall use funds 13,110
received pursuant to Title IV-D of the "Social Security Act," 88 13,111
Stat. 2351 (1975), 42 U.S.C. 651, as amended, to pay the fees 13,112
charged for the tests. If there is a dispute as to who shall pay 13,113
the fees charged for genetic testing, the child support 13,114
enforcement agency shall pay the fees, but in no instance shall 13,115
genetic testing be delayed due to a dispute as to who shall pay 13,116
the genetic testing fees. The child support enforcement agency 13,117
or the person who paid the fees charged for the genetic tests may 13,118
seek reimbursement for the fees charged for the genetic tests 13,119
from the person against whom the court assesses the costs of the 13,120
action. Any funds used in accordance with this division by the 13,121
child support enforcement agency shall be in addition to any 13,122
other funds that the agency is entitled to receive as a result of 13,123
any contractual provision for specific funding allocations for 13,124
the agency between the county, the state, and the federal 13,125
government.
Sec. 3301.0719. (A) As used in this section: 13,134
(1) "Aid-to-dependent-children OHIO WORKS FIRST rate" 13,136
means the percentage that equals the quotient obtained by 13,138
dividing the number of children ages five to seventeen residing 13,139
in the district and living in a family receiving aid to dependent 13,140
children PARTICIPATING IN OHIO WORKS FIRST, as certified for the 13,143
329
most recent year under section 3317.10 of the Revised Code, by 13,144
the total of the number of students in average daily membership 13,145
in grades kindergarten through twelve, as certified for the most 13,146
recent year under section 3317.03 of the Revised Code. 13,147
(2) "At-risk school district" means any city, exempted 13,149
village, or local school district that has a dropout rate, 13,150
rounded to the nearest one-half per cent, of thirty per cent or 13,151
more and to whom one or both of the following apply: 13,152
(a) The aid-to-dependent-children OHIO WORKS FIRST rate of 13,155
the district is more than thirty per cent. 13,156
(b) The amount of the average personal income per tax 13,158
return of the district, as reported for the most recent tax year 13,159
by the department of taxation to the department of education, is 13,160
less than eighty per cent of the amount of the statewide average 13,161
personal income per tax return for that tax year. 13,162
(3) "Dropout rate" for any at-risk school district means 13,164
the percentage that equals the difference between one hundred per 13,165
cent and the graduation rate for the most recent school year 13,166
calculated in accordance with division (B)(1)(r) of section 13,167
3301.0714 of the Revised Code. 13,168
(B) During the first two weeks of July each year, 13,170
beginning in 1992, the state board of education shall determine 13,171
each school district that is an at-risk school district and that 13,172
receives at least three hundred thousand dollars under division 13,173
(B)(3) of section 3317.023 of the Revised Code and shall notify 13,174
any such district of this determination and the requirements of 13,175
division (B)(4) of section 3317.023 of the Revised Code. 13,176
Notwithstanding division (B)(4) of section 3317.023 of the 13,178
Revised Code, in the school year in which a school district is 13,179
initially identified as at-risk, in lieu of the expenditure 13,180
required by that division, each district board shall expend at 13,181
least one-eightieth of the amount designated under that division 13,182
on preparation for the implementation of the programs required by 13,183
that division for the following school year. Such preparation 13,184
330
shall include submission of a report to the state board of 13,185
education detailing the preparation and the actual plans for 13,186
implementation of the specified programs and the provision of at 13,187
least ten days of in-service training for teachers who will be 13,188
participating in such programs. The preparation may include the 13,189
purchase of materials and the hiring of consultants. 13,190
Sec. 3313.64. (A) As used in this section and in section 13,199
3313.65 of the Revised Code: 13,200
(1) "Parent" means either parent, unless the parents are 13,202
separated or divorced or their marriage has been dissolved or 13,203
annulled, in which case "parent" means the parent who is the 13,204
residential parent and legal custodian of the child. When a 13,205
child is in the legal custody of a government agency or a person 13,206
other than the child's natural or adoptive parent, "parent" means 13,207
the parent with residual parental rights, privileges, and 13,209
responsibilities. When a child is in the permanent custody of a 13,210
government agency or a person other than the child's natural or 13,211
adoptive parent, "parent" means the parent who was divested of 13,213
parental rights and responsibilities for the care of the child 13,214
and the right to have the child live with the parent and be the 13,215
legal custodian of the child and all residual parental rights, 13,217
privileges, and responsibilities. 13,218
(2) "Legal custody," "permanent custody," and "residual 13,220
parental rights, privileges, and responsibilities" have the same 13,221
meanings as in section 2151.011 of the Revised Code. 13,222
(3) "School district" or "district" means a city, local, 13,224
or exempted village school district and excludes any school 13,225
operated in an institution maintained by the department of youth 13,226
services. 13,227
(4) Except as used in division (C)(2) of this section, 13,229
"home" means a home, institution, family foster home, group home, 13,230
or other residential facility in this state that receives and 13,231
cares for children, to which any of the following applies: 13,232
(a) The home is licensed, certified, or approved for such 13,234
331
purpose by the state or is maintained by the department of youth 13,235
services. 13,236
(b) The home is operated by a person who is licensed, 13,238
certified, or approved by the state to operate the home for such 13,239
purpose. 13,240
(c) The home accepted the child through a placement by a 13,242
person licensed, certified, or approved to place a child in such 13,243
a home by the state. 13,244
(d) The home is a children's home created under section 13,246
5153.21 or 5153.36 of the Revised Code. 13,247
(5) "Agency" means all of the following: 13,249
(a) A PUBLIC children services board or county department 13,251
of human services that has assumed the administration of child 13,252
welfare functions prescribed by Chapter 5153. of the Revised Code 13,254
AGENCY;
(b) An organization that holds a certificate issued by the 13,256
Ohio department of human services in accordance with the 13,257
requirements of section 5103.03 of the Revised Code and assumes 13,258
temporary or permanent custody of children through commitment, 13,259
agreement, or surrender, and places children in family homes for 13,260
the purpose of adoption; 13,261
(c) Comparable agencies of other states or countries that 13,263
have complied with applicable requirements of section 2151.39, or 13,264
sections 5103.20 to 5103.28 of the Revised Code. 13,265
(6) A child is placed for adoption if either of the 13,267
following occurs: 13,268
(a) An agency to which the child has been permanently 13,270
committed or surrendered enters into an agreement with a person 13,271
pursuant to section 5103.06 of the Revised Code for the care and 13,272
adoption of the child. 13,273
(b) The child's natural parent places the child pursuant 13,275
to section 5103.16 of the Revised Code with a person who will 13,276
care for and adopt the child. 13,277
(7) "Handicapped preschool child" means a handicapped 13,279
332
child, as defined by division (A) of section 3323.01 of the 13,280
Revised Code, who is at least three years of age but is not of 13,281
compulsory school age, as defined in section 3321.01 of the 13,282
Revised Code, and who has not entered kindergarten. 13,283
(8) "Child," unless otherwise indicated, includes 13,285
handicapped preschool children. 13,286
(B) Except as otherwise provided in section 3321.01 of the 13,288
Revised Code for admittance to kindergarten and first grade, a 13,289
child who is at least five but under twenty-two years of age and 13,290
any handicapped preschool child shall be admitted to school as 13,291
provided in this division. 13,292
(1) A child shall be admitted to the schools of the school 13,294
district in which the child's parent resides. 13,295
(2) A child who does not reside in the district where the 13,298
child's parent resides shall be admitted to the schools of the
district in which the child resides if any of the following 13,300
applies:
(a) The child is in the legal or permanent custody of a 13,302
government agency or a person other than the child's natural or 13,304
adoptive parent. 13,305
(b) The child resides in a home. 13,307
(c) The child requires special education. 13,309
(3) A child who is not entitled under division (B)(2) of 13,311
this section to be admitted to the schools of the district where 13,312
the child resides and who is residing with a resident of this 13,313
state with whom the child has been placed for adoption shall be 13,315
admitted to the schools of the district where the child resides 13,317
unless either of the following applies: 13,318
(a) The placement for adoption has been terminated. 13,320
(b) Another school district is required to admit the child 13,322
under division (B)(1) of this section. 13,323
Division (B) of this section does not prohibit the board of 13,325
education of a school district from placing a handicapped child 13,326
who resides in the district in a special education program 13,327
333
outside of the district or its schools in compliance with Chapter 13,328
3323. of the Revised Code. 13,329
(C) A district shall not charge tuition for children 13,331
admitted under division (B)(1) or (3) of this section. If the 13,332
district admits a child under division (B)(2) of this section, 13,333
tuition shall be paid to the district that admits the child as 13,334
follows: 13,335
(1) If the child receives special education in accordance 13,337
with Chapter 3323. of the Revised Code, tuition shall be paid in 13,338
accordance with section 3323.091, 3323.13, 3323.14, or 3323.141 13,339
of the Revised Code regardless of who has custody of the child or 13,340
whether the child resides in a home. 13,341
(2) Except as otherwise provided in division (C)(2)(d) of 13,343
this section, if the child is in the permanent or legal custody 13,344
of a government agency or person other than the child's parent, 13,345
tuition shall be paid by: 13,346
(a) The district in which the child's parent resided at 13,348
the time the court removed the child from home or at the time the 13,350
court vested legal or permanent custody of the child in the
person or government agency, whichever occurred first; or 13,351
(b) If the parent's residence at the time the court 13,353
removed the child from home or placed the child in the legal or 13,355
permanent custody of the person or government agency is unknown, 13,356
tuition shall be paid by the district in which the child resided 13,357
at the time the child was removed from home or placed in legal or 13,359
permanent custody, whichever occurred first; or 13,360
(c) If a school district cannot be established under 13,362
division (C)(2)(a) or (b) of this section, tuition shall be paid 13,363
by the district determined as required by section 2151.357 of the 13,364
Revised Code by the court at the time it vests custody of the 13,365
child in the person or government agency. 13,366
(d) If at the time the court removed the child from home 13,369
or vested legal or permanent custody of the child in the person 13,370
or government agency, whichever occurred first, one parent was in 13,371
334
a residential or correctional facility or a juvenile residential 13,372
placement and the other parent, if living and not in such a 13,373
facility or placement, was not known to reside in this state, 13,374
tuition shall be paid by the district determined under division 13,375
(D) of section 3313.65 of the Revised Code as the district 13,376
required to pay any tuition while the parent was in such facility 13,377
or placement.
(3) If the child is not in the permanent or legal custody 13,379
of a government agency or person other than the child's parent 13,381
and the child resides in a home, tuition shall be paid by one of 13,382
the following:
(a) The school district in which the child's parent 13,384
resides; 13,385
(b) If the child's parent is not a resident of this state, 13,387
the home in which the child resides. 13,388
(D) Tuition required to be paid under divisions (C)(2) and 13,390
(3)(a) of this section shall be computed in accordance with 13,391
section 3317.08 of the Revised Code. Tuition required to be paid 13,392
under division (C)(3)(b) of this section shall be computed in 13,393
accordance with section 3317.081 of the Revised Code. If a home 13,394
fails to pay the tuition required by division (C)(3)(b) of this 13,395
section, the board of education providing the education may 13,396
recover in a civil action the tuition and the expenses incurred 13,397
in prosecuting the action, including court costs and reasonable 13,398
attorney's fees. If the prosecuting attorney or city director of 13,399
law represents the board in such action, costs and reasonable 13,400
attorney's fees awarded by the court, based upon the prosecuting 13,401
attorney's, director's, or one of their designee's time spent 13,403
preparing and presenting the case, shall be deposited in the 13,404
county or city general fund. 13,405
(E) A board of education may enroll a child free of any 13,407
tuition obligation for a period not to exceed sixty days, on the 13,408
sworn statement of an adult resident of the district that the 13,409
resident has initiated legal proceedings for custody of the 13,411
335
child.
(F) In the case of any individual entitled to attend 13,413
school under this division, no tuition shall be charged by the 13,414
school district of attendance and no other school district shall 13,415
be required to pay tuition for the individual's attendance. 13,416
Notwithstanding division (B), (C), or (E) of this section: 13,417
(1) All persons at least eighteen but under twenty-two 13,419
years of age who live apart from their parents, support 13,420
themselves by their own labor, and have not successfully 13,421
completed the high school curriculum or the individualized 13,422
education program developed for the person by the high school 13,423
pursuant to section 3323.08 of the Revised Code, are entitled to 13,424
attend school in the district in which they reside. 13,425
(2) Any child under eighteen years of age who is married 13,427
is entitled to attend school in the child's district of 13,428
residence. 13,429
(3) A child is entitled to attend school in the district 13,431
in which either of the child's parents is employed if the child 13,433
has a medical condition that may require emergency medical 13,434
attention. The parent of a child entitled to attend school under 13,435
division (F)(3) of this section shall submit to the board of 13,436
education of the district in which the parent is employed a 13,437
statement from the child's physician certifying that the child's 13,438
medical condition may require emergency medical attention. The 13,439
statement shall be supported by such other evidence as the board 13,440
may require.
(4) Any child residing with a person other than the 13,442
child's parent is entitled, for a period not to exceed twelve 13,444
months, to attend school in the district in which that person 13,445
resides if the child's parent files an affidavit with the 13,446
superintendent of the district in which the person with whom the 13,447
child is living resides stating all of the following: 13,448
(a) That the parent is serving outside of the state in the 13,450
armed services of the United States; 13,451
336
(b) That the parent intends to reside in the district upon 13,453
returning to this state; 13,454
(c) The name and address of the person with whom the child 13,456
is living while the parent is outside the state. 13,457
(5) Any child under the age of twenty-two who, after the 13,459
death of a parent, resides in a school district other than the 13,460
district in which the child attended school at the time of the 13,461
parent's death is entitled to continue to attend school in the 13,462
district in which the child attended school at the time of the 13,463
parent's death for the remainder of the school year, subject to 13,464
approval of that district board. 13,465
(6) A child under the age of twenty-two years who resides 13,467
with a parent who is having a new house built in a school 13,468
district outside the district where the parent is residing is 13,469
entitled to attend school for a period of time in the district 13,470
where the new house is being built. In order to be entitled to 13,471
such attendance, the parent shall provide the district 13,472
superintendent with the following: 13,473
(a) A sworn statement explaining the situation, revealing 13,475
the location of the house being built, and stating the parent's 13,476
intention to reside there upon its completion; 13,477
(b) A statement from the builder confirming that a new 13,479
house is being built for the parent and that the house is at the 13,480
location indicated in the parent's statement. 13,481
(7) A child under the age of twenty-two residing with a 13,483
parent who has a contract to purchase a house in a school 13,484
district outside the district where the parent is residing and 13,485
who is waiting upon the date of closing of the mortgage loan for 13,486
the purchase of such house is entitled to attend school for a 13,487
period of time in the district where the house is being 13,488
purchased. In order to be entitled to such attendance, the 13,489
parent shall provide the district superintendent with the 13,490
following: 13,491
(a) A sworn statement explaining the situation, revealing 13,493
337
the location of the house being purchased, and stating the 13,494
parent's intent to reside there; 13,495
(b) A statement from a real estate broker or bank officer 13,497
confirming that the parent has a contract to purchase the house, 13,498
that the parent is waiting upon the date of closing of the 13,499
mortgage loan, and that the house is at the location indicated in 13,500
the parent's statement. 13,501
The district superintendent shall establish a period of 13,503
time not to exceed ninety days during which the child entitled to 13,504
attend school under division (F)(6) or (7) of this section may 13,505
attend without tuition obligation. A student attending a school 13,506
under division (F)(6) or (7) of this section shall be eligible to 13,507
participate in interscholastic athletics under the auspices of 13,508
that school, provided the board of education of the school 13,509
district where the student's parent resides, by a formal action, 13,510
releases the student to participate in interscholastic athletics 13,511
at the school where the student is attending, and provided the 13,512
student receives any authorization required by a public agency or 13,513
private organization of which the school district is a member 13,514
exercising authority over interscholastic sports. 13,515
(8) A child whose parent is a full-time employee of a 13,517
city, local, or exempted village school district may be admitted 13,518
to the schools of the district where the child's parent is 13,519
employed, provided the board of education establishes such an 13,521
admission policy by resolution adopted by a majority of its 13,522
members. Any such policy shall take effect on the first day of 13,523
the school year and the effective date of any amendment or repeal 13,524
may not be prior to the first day of the subsequent school year. 13,525
The policy shall be uniformly applied to all such children and 13,526
shall provide for the admission of any such child upon request of 13,527
the parent. No child may be admitted under this policy after the 13,528
first day of classes of any school year. 13,529
(9) A child who is with the child's parent under the care 13,531
of a shelter for victims of domestic violence, as defined in 13,533
338
section 3113.33 of the Revised Code, is entitled to attend school 13,534
free in the district in which the child is with his parent, and 13,535
no other school district shall be required to pay tuition for the 13,537
child's attendance in that school district. 13,539
The enrollment of a child in a school district under this 13,541
division shall not be denied due to a delay in the school 13,542
district's receipt of any records required under section 3313.672 13,543
of the Revised Code or any other records required for enrollment. 13,544
Any days of attendance and any credits earned by a child while 13,545
enrolled in a school district under this division shall be 13,546
transferred to and accepted by any school district in which the 13,547
child subsequently enrolls. The state board of education shall 13,548
adopt rules to ensure compliance with this division. 13,549
(10) Any child under the age of twenty-two whose parent 13,551
has moved out of the school district after the commencement of 13,552
classes in the child's senior year of high school is entitled, 13,553
subject to the approval of that district board, to attend school 13,554
in the district in which the child attended school at the time of 13,556
the parental move for the remainder of the school year and for 13,557
one additional semester or equivalent term. A district board may 13,558
also adopt a policy specifying extenuating circumstances under 13,559
which a student may continue to attend school under division 13,560
(F)(10) of this section for an additional period of time in order 13,561
to successfully complete the high school curriculum for the 13,562
individualized education program developed for the student by the 13,563
high school pursuant to section 3323.08 of the Revised Code. 13,564
(11) As used in this division, "grandparent" means a 13,566
parent of a parent of a child. A child under the age of 13,567
twenty-two years who is in the custody of the child's parent, 13,569
resides with a grandparent, and does not require special 13,570
education is entitled to attend the schools of the district in 13,571
which the child's grandparent resides, provided that, prior to 13,573
such attendance in any school year, the board of education of the 13,574
school district in which the child's grandparent resides and the 13,575
339
board of education of the school district in which the child's 13,577
parent resides enter into a written agreement specifying that 13,579
good cause exists for such attendance, describing the nature of 13,580
this good cause, and consenting to such attendance. 13,581
In lieu of a consent form signed by a parent, a board of 13,583
education may request the grandparent of a child attending school 13,584
in the district in which the grandparent resides pursuant to 13,585
division (F)(11) of this section to complete any consent form 13,586
required by the district, including any authorization required by 13,587
sections 3313.712 and 3313.713 of the Revised Code. Upon 13,588
request, the grandparent shall complete any consent form required 13,589
by the district. A school district shall not incur any liability 13,590
solely because of its receipt of a consent form from a 13,591
grandparent in lieu of a parent. 13,592
Division (F)(11) of this section does not create, and shall 13,595
not be construed as creating, a new cause of action or 13,596
substantive legal right against a school district, a member of a 13,597
board of education, or an employee of a school district. This 13,598
section does not affect, and shall not be construed as affecting, 13,599
any immunities from defenses to tort liability created or 13,600
recognized by Chapter 2744. of the Revised Code for a school 13,601
district, member, or employee.
(12) A child under the age of twenty-two years is entitled 13,604
to attend school in a school district other than the district in
which the child is entitled to attend school under division (B), 13,606
(C), or (E) of this section provided that, prior to such 13,608
attendance in any school year, both of the following occur: 13,609
(a) The superintendent of the district in which the child 13,611
is entitled to attend school under division (B), (C), or (E) of 13,614
this section contacts the superintendent of another district for
purposes of this division; 13,616
(b) The superintendents of both districts enter into a 13,619
written agreement that consents to the attendance and specifies
that the purpose of such attendance is to protect the student's 13,621
340
physical or mental well-being or to deal with other extenuating 13,622
circumstances deemed appropriate by the superintendents.
While an agreement is in effect under this division for a 13,624
student who is not receiving special education under Chapter 13,625
3323. of the Revised Code and notwithstanding Chapter 3327. of 13,626
the Revised Code, the board of education of neither school 13,627
district involved in the agreement is required to provide 13,628
transportation for the student to and from the school where the 13,629
student attends.
A student attending a school of a district pursuant to this 13,631
division shall be allowed to participate in all student 13,632
activities, including interscholastic athletics, at the school 13,633
where the student is attending on the same basis as any student 13,634
who has always attended the schools of that district while of 13,635
compulsory school age.
(G) A board of education, after approving admission, may 13,637
waive tuition for students who will temporarily reside in the 13,638
district and who are either of the following: 13,639
(1) Residents or domiciliaries of a foreign nation who 13,641
request admission as foreign exchange students; 13,642
(2) Residents or domiciliaries of the United States but 13,644
not of Ohio who request admission as participants in an exchange 13,645
program operated by a student exchange organization. 13,646
(H) Pursuant to sections 3311.211, 3313.90, 3319.01, 13,648
3323.04, 3327.04, and 3327.06 of the Revised Code, a child may 13,649
attend school or participate in a special education program in a 13,650
school district other than in the district where the child is 13,651
entitled to attend school under division (B) of this section. 13,653
(I) This division does not apply to a child receiving 13,655
special education. 13,656
A school district required to pay tuition pursuant to 13,658
division (C)(2) or (3) of this section or section 3313.65 of the 13,659
Revised Code shall have an amount deducted under division (G) of 13,660
section 3317.023 of the Revised Code equal to its own tuition 13,661
341
rate for the same period of attendance. A school district 13,662
entitled to receive tuition pursuant to division (C)(2) or (3) of 13,663
this section or section 3313.65 of the Revised Code shall have an 13,664
amount credited under division (G) of section 3317.023 of the 13,665
Revised Code equal to its own tuition rate for the same period of 13,666
attendance. If the tuition rate credited to the district of 13,667
attendance exceeds the rate deducted from the district required 13,668
to pay tuition, the department of education shall pay the 13,669
district of attendance the difference from amounts deducted from 13,670
all districts' payments under division (G) of section 3317.023 of 13,671
the Revised Code but not credited to other school districts under 13,672
such division and from appropriations made for such purpose. The 13,673
treasurer of each school district shall, by the fifteenth day of 13,674
January and July, furnish the superintendent of public 13,675
instruction a report of the names of each child who attended the 13,676
district's schools under divisions (C)(2) and (3) of this section 13,677
or section 3313.65 of the Revised Code during the preceding six 13,678
calendar months, the duration of the attendance of those 13,679
children, the school district responsible for tuition on behalf 13,680
of the child, and any other information that the superintendent 13,681
requires. 13,682
Upon receipt of the report the superintendent, pursuant to 13,684
division (G) of section 3317.023 of the Revised Code, shall 13,685
deduct each district's tuition obligations under divisions (C)(2) 13,686
and (3) of this section or section 3313.65 of the Revised Code 13,687
and pay to the district of attendance that amount plus any amount 13,688
required to be paid by the state. 13,689
(J) In the event of a disagreement, the superintendent of 13,691
public instruction shall determine the school district in which 13,692
the parent resides. 13,693
(K) Nothing in this section requires or authorizes, or 13,695
shall be construed to require or authorize, the admission to a 13,696
public school in this state of a pupil who has been permanently 13,697
excluded from public school attendance by the superintendent of 13,698
342
public instruction pursuant to sections 3301.121 and 3313.662 of 13,699
the Revised Code. 13,700
Sec. 3317.023. (A) Notwithstanding section 3317.022 of 13,709
the Revised Code, the amounts required to be paid to a district 13,710
under that section shall be adjusted by the amount of the 13,711
computations made under divisions (B) to (L) of this section. 13,712
As used in this section: 13,714
(1) "Classroom teacher" means a licensed employee who 13,716
provides direct instruction to pupils, excluding teachers funded 13,717
from money paid to the district from federal sources; educational 13,718
service personnel; and vocational and special education teachers. 13,719
(2) "Educational service personnel" shall not include such 13,721
specialists funded from money paid to the district from federal 13,722
sources or assigned full-time to vocational or special education 13,723
students and classes and may only include those persons employed 13,724
in the eight specialist areas in a pattern approved by the 13,725
department of education under guidelines established by the state 13,726
board of education. 13,727
(3) "Annual salary" means the annual base salary stated in 13,729
the state minimum salary schedule for the performance of the 13,730
teacher's regular teaching duties that the teacher earns for 13,731
services rendered for the first full week of October of the 13,732
fiscal year for which the adjustment is made under division (D) 13,733
of this section. It shall not include any salary payments for 13,734
supplemental teachers contracts. 13,735
(B)(1) As used in this division, "per cent figure" means a 13,737
school district's three-year average number of ADC children 13,738
PARTICIPATING IN OHIO WORKS FIRST (OWF) UNDER CHAPTER 5107. OF 13,740
THE REVISED CODE divided by the district's three-year average of 13,741
the average daily membership in grades one through twelve and 13,742
one-half the kindergarten average daily membership, multiplied by 13,743
one hundred. 13,744
If the three-year average of the number of children ages 13,747
five to seventeen residing in the district and living in a family 13,748
343
receiving aid to dependent children PARTICIPATING IN OHIO WORKS 13,749
FIRST, as certified or adjusted under section 3317.10 of the 13,751
Revised Code for the current and preceding two fiscal years, is 13,752
equal to five per cent or more of the number of pupils in the 13,753
three-year average of the average daily membership in grades one 13,754
through twelve and one-half the kindergarten average daily 13,755
membership, certified under section 3317.03 of the Revised Code 13,756
for the current and preceding two fiscal years, add the amount 13,757
computed for the district in accordance with the following 13,758
schedule: 13,759
THREE-YEAR AVERAGE NUMBER OF 13,761
ADC OWF CHILDREN DIVIDED BY THREE-YEAR 13,763
AVERAGE OF THE AVERAGE DAILY MEMBERSHIP 13,764
IN GRADES ONE THROUGH TWELVE AND 13,765
ONE-HALF THE KINDERGARTEN AVERAGE PAYMENT PER ADC OWF 13,767
CHILD IN
DAILY MEMBERSHIP THE THREE-YEAR AVERAGE 13,769
At least 5%, but less than 10% $198.00 x number of ADC 13,773
OWF children 13,774
At least 10%, but less than 20% (($101.50 x per cent 13,777
figure) minus $817.00) 13,778
x number of ADC OWF 13,779
children
At least 20%, but less than 30% (($7.50 x per cent 13,781
figure) plus $1,063.00) 13,782
x number of ADC OWF 13,783
children
At least 30% $1,288.00 x number of 13,785
ADC OWF children
(2) If in any year the sum of the additions made under 13,788
this division is less than ninety-seven per cent of the amount 13,789
appropriated for this division for that year, the department of 13,790
education shall increase the amount added for each district under 13,791
this division. The amount so added for each district shall equal 13,792
344
(1) the difference between ninety-seven per cent of the amount 13,793
appropriated and the total amount of the additions prior to such 13,794
increase, times (2) the percentage that the amount added for the 13,795
district prior to the increase was of the total of such amount 13,796
added for all districts. 13,797
(3) Except as provided in division (B)(4) of this section, 13,799
a district shall expend at least seventy per cent of any addition 13,801
received under this division for any of the following: 13,802
(a) The purchase of technology for instructional purposes; 13,805
(b) All-day kindergarten; 13,807
(c) Reduction of class sizes; 13,809
(d) Summer school remediation or other remedial programs; 13,811
(e) Dropout prevention programs; 13,813
(f) Guaranteeing that all third graders are ready to 13,815
progress to more advanced work; 13,816
(g) Summer education and work programs; 13,818
(h) Adolescent pregnancy programs; 13,820
(i) Head start or preschool programs; 13,822
(j) Reading improvement programs described by the 13,824
department of education; 13,825
(k) Programs designed to ensure that schools are free of 13,827
drugs and violence and have a disciplined environment conducive 13,828
to learning; 13,829
(l) Furnishing free of charge materials used in courses of 13,831
instruction, except for the necessary textbooks required to be 13,832
furnished without charge pursuant to section 3329.06 of the 13,833
Revised Code, to pupils living in families receiving aid to 13,834
dependent children PARTICIPATING IN OHIO WORKS FIRST in 13,835
accordance with section 3313.642 of the Revised Code; 13,838
(m) School breakfasts provided pursuant to section 13,840
3313.813 of the Revised Code. 13,841
(4) Except as provided in division (B) of section 13,843
3301.0719 of the Revised Code, each at-risk school district, as 13,844
defined in division (A)(2) of section 3301.0719 of the Revised 13,845
345
Code, that receives at least three hundred thousand dollars under 13,846
divisions (B)(1) and (2) of this section shall expend at least 13,847
one-tenth of the amount described in division (B)(3) of this 13,848
section for either all-day kindergarten classes with a student 13,849
teacher ratio of fifteen to one or for reduction of class sizes 13,850
in grades kindergarten to four to a fifteen to one student 13,851
teacher ratio, or both. Such districts shall also expend such 13,852
funds to provide training for teachers participating in such 13,853
programs on an ongoing basis, including at least six days of 13,854
training each school year. Amounts expended for all-day 13,855
kindergarten under this section shall only be expended to provide 13,856
additional all-day kindergarten classes not in existence on July 13,857
26, 1991. Upon the request of a board of education, the state 13,858
board of education may grant an exemption from the requirement of 13,859
division (B)(4) of this section if the district board satisfies 13,860
the state board that the district has insufficient physical 13,861
facilities to implement this requirement. 13,862
(5) Each district shall maintain the portion required to 13,864
be spent under division (B)(3) of this section in a separate 13,865
district account. Each district shall submit to the department, 13,866
in such format and at such time as the department shall specify, 13,867
a report on the programs for which it expended funds under this 13,868
division. 13,869
(C) If the district employs less than one full-time 13,871
equivalent classroom teacher for each twenty-five pupils in ADM 13,872
in any school district, deduct the sum of the amounts obtained 13,873
from the following computations: 13,874
(1) Divide the number of the district's full-time 13,876
equivalent classroom teachers employed by one twenty-fifth; 13,877
(2) Subtract the quotient in (1) from the district's ADM; 13,879
(3) Multiply the difference in (2) by seven hundred 13,881
fifty-two dollars. 13,882
(D) If a positive amount, add one-half of the amount 13,884
obtained by multiplying the number of full-time equivalent 13,885
346
classroom teachers by: 13,886
(1) The mean annual salary of all full-time equivalent 13,888
classroom teachers employed by the district at their respective 13,889
training and experience levels minus; 13,890
(2) The mean annual salary of all such teachers at their 13,892
respective levels in all school districts receiving payments 13,893
under this section. 13,894
The number of full-time equivalent classroom teachers used 13,896
in this computation shall not exceed one twenty-fifth of the 13,897
district's ADM. In calculating the district's mean salary under 13,898
this division, those full-time equivalent classroom teachers with 13,899
the highest training level shall be counted first, those with the 13,900
next highest training level second, and so on, in descending 13,901
order. Within the respective training levels, teachers with the 13,902
highest years of service shall be counted first, the next highest 13,903
years of service second, and so on, in descending order. 13,904
(E) This division does not apply to a school district that 13,906
has entered into an agreement under division (A) of section 13,907
3313.42 of the Revised Code. Deduct the amount obtained from the 13,908
following computations if the district employs fewer than five 13,909
full-time equivalent educational service personnel, including 13,910
elementary school art, music, and physical education teachers, 13,911
counselors, librarians, visiting teachers, school social workers, 13,912
and school nurses for each one thousand pupils in ADM: 13,913
(1) Divide the number of full-time equivalent educational 13,915
service personnel employed by the district by five 13,916
one-thousandths; 13,917
(2) Subtract the quotient in (1) from the district's ADM; 13,919
(3) Multiply the difference in (2) by ninety-four dollars. 13,921
(F) If a local school district, or a city or exempted 13,923
village school district to which a governing board of an 13,925
educational service center provides services pursuant to section 13,926
3313.843 of the Revised Code, deduct the amount of the payment 13,927
required for the reimbursement of the governing board under 13,929
347
section 3317.11 of the Revised Code. 13,930
(G)(1) If the district is required to pay to or entitled 13,932
to receive tuition from another school district under division 13,933
(C)(2) or (3) of section 3313.64 or section 3313.65 of the 13,934
Revised Code, or if the superintendent of public instruction is 13,935
required to determine the correct amount of tuition and make a 13,936
deduction or credit under section 3317.08 of the Revised Code, 13,937
deduct and credit such amounts as provided in division (I) of 13,938
section 3313.64 or section 3317.08 of the Revised Code. 13,939
(2) For each child for whom the district is responsible 13,941
for tuition under division (A)(1) of section 3317.082 or under 13,942
division (B)(1) of section 3323.091 of the Revised Code, deduct 13,943
the amount of tuition for which the district is responsible. 13,944
(H) If the district has been certified by the 13,946
superintendent of public instruction under section 3313.90 of the 13,947
Revised Code as not in compliance with the requirements of that 13,948
section, deduct an amount equal to ten per cent of the amount 13,949
computed for the district under section 3317.022 of the Revised 13,950
Code. 13,951
(I) If the amount computed by the department of education 13,953
under division (I)(1) of this section is less than the amount 13,954
computed under division (I)(2) of this section, add an amount 13,955
equal to the result obtained by subtracting the amount computed 13,956
under division (I)(1) from the amount computed under division 13,957
(I)(2) of this section. 13,958
The department of education shall compute both of the 13,960
following for each district: 13,961
(1) The sum of the amounts computed for the district under 13,963
section 3317.022 and division (N) of section 3317.024 of the 13,964
Revised Code for units approved under division (B) of section 13,965
3317.05 of the Revised Code. 13,966
(2) The amount the district would be entitled to receive 13,968
under section 3317.022 of the Revised Code if the ADM used in the 13,969
computation required by that section included the number of 13,970
348
full-time equivalent pupils enrolled in the units for handicapped 13,971
children approved under division (B) of section 3317.05 of the 13,972
Revised Code that are used to make the computation required by 13,973
division (N)(1)(a) of section 3317.024 of the Revised Code. 13,974
(J) If the district has received a loan from a commercial 13,976
lending institution for which payments are made by the 13,977
superintendent of public instruction pursuant to division (E)(3) 13,978
of section 3313.483 of the Revised Code, deduct an amount equal 13,979
to such payments. 13,980
(K)(1) If the district is a party to an agreement entered 13,982
into under division (D), (E), or (F) of section 3311.06 or 13,983
division (B) of section 3311.24 of the Revised Code and is 13,984
obligated to make payments to another district under such an 13,985
agreement, deduct an amount equal to such payments if the 13,986
district school board notifies the department in writing that it 13,987
wishes to have such payments deducted. 13,988
(2) If the district is entitled to receive payments from 13,990
another district that has notified the department to deduct such 13,991
payments under division (K)(1) of this section, add the amount of 13,992
such payments. 13,993
(L) If the district is required to pay an amount of funds 13,995
to a cooperative education district pursuant to a provision 13,996
described by division (B)(4) of section 3311.52 or division 13,997
(B)(8) of section 3311.521 of the Revised Code, deduct such 13,998
amounts as provided under that provision and credit those amounts 13,999
to the cooperative education district for payment to the district 14,000
under division (B)(1) of section 3317.19 of the Revised Code. 14,001
Sec. 3317.10. (A)(1) On or before the first day of March 14,011
of each year, the department of human services shall certify to 14,012
the state board of education the number of children ages five 14,013
through seventeen residing in each school district and living in 14,014
a family that received aid to dependent children PARTICIPATED IN 14,015
OHIO WORKS FIRST UNDER CHAPTER 5107. OF THE REVISED CODE during 14,017
the preceding October according to the school district of 14,018
349
residence for each child. Except as provided under division (B) 14,019
of this section, the number of children so certified in any year 14,020
shall be used by the department of education in the calculation 14,021
of the distribution of moneys for the ensuing fiscal year 14,022
provided in division (B) of section 3317.023 of the Revised Code. 14,023
(B) Upon the transfer of part of the territory of one 14,025
school district to the territory of one or more other school 14,026
districts, the department of education may adjust the number 14,027
certified under division (A)(1) of this section for any district 14,028
gaining or losing territory in such a transfer in order to take 14,029
into account the effect of the transfer on the number of children 14,030
ages five through seventeen who reside in the district and live 14,031
in a family that receives aid to dependent children PARTICIPATES 14,032
IN OHIO WORKS FIRST. Within sixty days of receipt of a request 14,035
for information from the department of education, the department 14,036
of human services shall provide any information the department of 14,037
education determines is necessary to make such adjustments. The 14,038
department of education may use the adjusted number for any 14,039
district for the applicable fiscal year in lieu of the number 14,040
certified for the district for that fiscal year under division 14,041
(A)(1) of this section in the calculation of the distribution of 14,042
moneys provided in division (B) of section 3317.023 and of the 14,044
Revised Code.
Sec. 3317.14. Any school district board of education or 14,053
educational service center governing board participating in funds 14,055
distributed under Chapter 3317. of the Revised Code shall
annually adopt a teachers' salary schedule with provision for 14,056
increments based upon training and years of service. 14,057
Notwithstanding sections 3317.13 and 3319.088 of the Revised 14,058
Code, the board may establish its own service requirements and 14,059
may grant service credit for such activities as teaching in 14,060
public or nonpublic schools in this state or in another state, 14,061
for service as an educational assistant OTHER THAN AS A CLASSROOM 14,062
AIDE EMPLOYED IN ACCORDANCE WITH SECTION 5107.541 OF THE REVISED 14,063
350
CODE, and for service in the military or in an appropriate state 14,065
or federal governmental agency, provided no teacher receives less 14,066
than the amount required to be paid pursuant to section 3317.13 14,067
of the Revised Code and provided full credit for a minimum of 14,068
five years of actual teaching and military experience as defined 14,069
in division (A) of section 3317.13 of the Revised Code is given 14,070
to each teacher. 14,071
On the fifteenth day of October of each year the salary 14,073
schedule in effect on that date in each school district and each 14,074
educational service center shall be filed with the superintendent 14,076
of public instruction. A copy of such schedule shall also 14,077
annually be filed by the board of education of each local school 14,078
district with the educational service center superintendent, who 14,079
thereupon shall certify to the treasurer of such local district 14,081
the correct salary to be paid to each teacher in accordance with 14,082
the adopted schedule.
Each teacher who has completed training which would qualify 14,084
such teacher for a higher salary bracket pursuant to this section 14,086
shall file by the fifteenth day of September with the treasurer 14,087
of the board of education or educational service center 14,088
satisfactory evidence of the completion of such additional 14,090
training. The treasurer shall then immediately place the 14,091
teacher, pursuant to this section and section 3317.13 of the 14,092
Revised Code, in the proper salary bracket in accordance with 14,093
training and years of service before certifying such salary,
training, and years of service to the superintendent of public 14,094
instruction. No teacher shall be paid less than the salary to 14,095
which such teacher is entitled pursuant to section 3317.13 of the 14,097
Revised Code.
Sec. 3319.089. THE BOARD OF EDUCATION OF ANY CITY, LOCAL, 14,100
OR EXEMPTED VILLAGE SCHOOL DISTRICT MAY ADOPT A RESOLUTION 14,101
APPROVING A CONTRACT WITH A COUNTY DEPARTMENT OF HUMAN SERVICES 14,102
UNDER SECTION 5107.541 OF THE REVISED CODE TO PROVIDE FOR A
PARTICIPANT OF THE WORK EXPERIENCE PROGRAM WHO HAS A CHILD 14,103
351
ENROLLED IN A PUBLIC SCHOOL IN THAT DISTRICT TO FULFILL THE WORK 14,105
REQUIREMENTS OF THE WORK EXPERIENCE PROGRAM BY VOLUNTEERING OR 14,106
WORKING IN THAT PUBLIC SCHOOL IN ACCORDANCE WITH SECTION 5107.541 14,108
OF THE REVISED CODE. SUCH RECIPIENTS ARE NOT EMPLOYEES OF SUCH 14,109
BOARD OF EDUCATION. 14,110
BEFORE A SCHOOL DISTRICT PLACES A PARTICIPANT IN A PUBLIC 14,112
SCHOOL UNDER THIS SECTION, THE APPOINTING OFFICER OR HIRING 14,113
OFFICER OF THE BOARD OF EDUCATION OF A SCHOOL DISTRICT SHALL 14,114
REQUEST A CRIMINAL RECORDS CHECK OF THE PARTICIPANT TO BE 14,115
CONDUCTED IN THE SAME MANNER AS REQUIRED FOR A PERSON RESPONSIBLE 14,116
FOR THE CARE, CUSTODY, OR CONTROL OF A CHILD IN ACCORDANCE WITH
SECTION 3319.39 OF THE REVISED CODE. THE RECORDS CHECK SHALL BE 14,117
CONDUCTED EVEN THOUGH THE PARTICIPANT, IF SUBSEQUENTLY HIRED, 14,118
WOULD NOT BE CONSIDERED AN EMPLOYEE OF THE SCHOOL DISTRICT FOR 14,119
PURPOSES OF WORKING AT THE SCHOOL. A PARTICIPANT SHALL NOT BE 14,120
PLACED IN A SCHOOL IF THE PARTICIPANT PREVIOUSLY HAS BEEN
CONVICTED OF OR PLEADED GUILTY TO ANY OF THE OFFENSES LISTED IN 14,121
DIVISION (B)(1)(a) OR (b) OF SECTION 3319.39 OF THE REVISED CODE. 14,123
Sec. 3701.503. As used in sections 3701.504 to 3701.507 of 14,132
the Revised Code: 14,133
(A) "Parent" means either parent, unless the parents are 14,135
separated or divorced or their marriage has been dissolved or 14,136
annulled, in which case "parent" means the parent who is the 14,137
residential parent and legal custodian. 14,138
(B) "Guardian" has the same meaning as in section 2111.01 14,140
of the Revised Code. 14,141
(C) "Custodian" means, except as used in division (A) of 14,143
this section, a government agency or an individual, other than 14,144
the parent or guardian, with legal or permanent custody of a 14,145
child as defined in divisions (B)(8)(17) and (10)(27) of section 14,147
2151.011 of the Revised Code. 14,148
(D) "Address," in the case of an individual, means the 14,150
individual's residence and, in the case of a government agency, 14,151
means the office at which the records pertaining to a particular 14,152
352
child are maintained. 14,153
(E) "Risk screening" means the identification of infants 14,155
who are at risk of hearing impairment, through the use of a 14,156
high-risk questionnaire developed by the department of health 14,157
under division (A) of section 3701.504 of the Revised Code. 14,158
(F) "Hearing assessment" means the use of audiological 14,160
procedures by or under the supervision of an audiologist licensed 14,161
under section 4753.07 of the Revised Code, or by a neurologist or 14,162
otolaryngologist, to identify infants who are at risk of hearing 14,163
impairment. 14,164
Sec. 3727.17. Each hospital shall provide a staff person 14,174
to do all of the following: 14,175
(A) Meet with each unmarried mother who gave birth in or 14,177
en route to the hospital within twenty-four hours after the birth 14,178
or before the mother is released from the hospital; 14,179
(B) Attempt to meet with the father of the unmarried 14,181
mother's child if possible; 14,182
(C) Explain to the unmarried mother and the father, if he 14,184
THE FATHER is present, the benefit to the child of establishing a 14,186
parent and child relationship between the father and the child 14,187
and the various proper procedures for establishing a parent and 14,188
child relationship; 14,189
(D) Present to the unmarried mother and, if possible, the 14,191
father, a pamphlet or statement regarding the rights and 14,192
responsibilities of a natural parent prepared by the department 14,193
of human services; 14,194
(E) Provide the unmarried mother, and if possible the 14,196
father, all forms, statements, or agreements necessary to 14,197
voluntarily establish a parent and child relationship, including 14,198
the acknowledgment of paternity form prescribed under section 14,199
2105.18 of the Revised Code and the voluntary agreement to be 14,200
bound by the results of genetic testing set forth in section 14,201
2301.373 or 3111.21 of the Revised Code; 14,202
(F) Upon both the mother's and father's request, help the 14,204
353
mother and father complete any specific form, statement, or 14,205
agreement necessary to establish a parent and child relationship; 14,206
(G) Present to an unmarried mother who is not a recipient 14,208
of medicaid or aid to dependent children A PARTICIPANT IN OHIO 14,209
WORKS FIRST an application for Title IV-D services; 14,210
(H) Upon both the mother's and father's request, mail the 14,212
voluntary acknowledgment of paternity to the probate court in the 14,213
county in which the father, the mother, or the child resides. 14,214
Sec. 4115.04. Every public authority authorized to 14,223
contract for or construct with its own forces a public 14,224
improvement, before advertising for bids or undertaking such 14,225
construction with its own forces, shall have the bureau of 14,226
employment services determine the prevailing rates of wages of 14,227
mechanics and laborers in accordance with section 4115.05 of the 14,228
Revised Code for the class of work called for by the public 14,229
improvement, in the locality where the work is to be performed. 14,230
Such schedule of wages shall be attached to and made part of the 14,231
specifications for the work, and shall be printed on the bidding 14,232
blanks where the work is done by contract. A copy of the bidding 14,233
blank shall be filed with the bureau before such contract is 14,234
awarded. A minimum rate of wages for common laborers, on work 14,236
coming under the jurisdiction of the department of 14,237
transportation, shall be fixed in each county of the state by 14,238
said department of transportation, in accordance with section 14,239
4115.05 of the Revised Code.
Sections 4115.03 to 4115.16 of the Revised Code do not 14,241
apply to:
(A) Public improvements in any case where the federal 14,243
government or any of its agencies furnishes by loan or grant all 14,245
or any part of the funds used in constructing such improvements, 14,246
provided the federal government or any of its agencies prescribes 14,247
predetermined minimum wages to be paid to mechanics and laborers 14,248
employed in the construction of such improvements; 14,249
(B) A participant of the subsidized employment program 14,251
354
established under section 5101.82 of the Revised Code IN A WORK 14,252
ACTIVITY, DEVELOPMENTAL ACTIVITY, or the AN ALTERNATIVE work 14,253
experience program established ACTIVITY under section 5101.83 14,255
SECTIONS 5107.40 TO 5107.68 of the Revised Code when a public 14,256
authority directly uses the labor of the participant to construct 14,257
a public improvement IF THE PARTICIPANT IS NOT ENGAGED IN PAID 14,259
EMPLOYMENT OR SUBSIDIZED EMPLOYMENT PURSUANT TO THE ACTIVITY; 14,260
(C) Public improvements undertaken by, or under contract 14,262
for, the board of education of any school district or the 14,263
governing board of any educational service center. 14,264
Sec. 4117.01. As used in this chapter: 14,273
(A) "Person," in addition to those included in division 14,275
(C) of section 1.59 of the Revised Code, includes employee 14,276
organizations, public employees, and public employers. 14,277
(B) "Public employer" means the state or any political 14,279
subdivision of the state located entirely within the state, 14,280
including, without limitation, any municipal corporation with a 14,281
population of at least five thousand according to the most recent 14,282
federal decennial census; county; township with a population of 14,283
at least five thousand in the unincorporated area of the township 14,284
according to the most recent federal decennial census; school 14,285
district; state institution of higher learning; public or special 14,287
district; state agency, authority, commission, or board; or other 14,288
branch of public employment.
(C) "Public employee" means any person holding a position 14,290
by appointment or employment in the service of a public employer, 14,291
including any person working pursuant to a contract between a 14,292
public employer and a private employer and over whom the national 14,293
labor relations board has declined jurisdiction on the basis that 14,294
the involved employees are employees of a public employer, 14,295
except: 14,296
(1) Persons holding elective office; 14,298
(2) Employees of the general assembly and employees of any 14,300
other legislative body of the public employer whose principal 14,301
355
duties are directly related to the legislative functions of the 14,302
body; 14,303
(3) Employees on the staff of the governor or the chief 14,305
executive of the public employer whose principal duties are 14,306
directly related to the performance of the executive functions of 14,307
the governor or the chief executive; 14,308
(4) Persons who are members of the organized militia, 14,310
while on active duty; 14,311
(5) Employees of the state employment relations board; 14,313
(6) Confidential employees; 14,315
(7) Management level employees; 14,317
(8) Employees and officers of the courts, assistants to 14,319
the attorney general, assistant prosecuting attorneys, and 14,320
employees of the clerks of courts who perform a judicial 14,321
function; 14,322
(9) Employees of a public official who act in a fiduciary 14,324
capacity, appointed pursuant to section 124.11 of the Revised 14,325
Code; 14,326
(10) Supervisors; 14,328
(11) Students whose primary purpose is educational 14,330
training, including graduate assistants or associates, residents, 14,331
interns, or other students working as part-time public employees 14,332
less than fifty per cent of the normal year in the employee's 14,333
bargaining unit; 14,334
(12) Employees of county boards of election; 14,336
(13) Seasonal and casual employees as determined by the 14,338
state employment relations board; 14,339
(14) Part-time faculty members of an institution of higher 14,341
education; 14,342
(15) Employees of the state personnel board of review; 14,344
(16) Employees of the board of directors of the Ohio 14,346
low-level radioactive waste facility development authority 14,347
created in section 3747.05 of the Revised Code.; 14,348
(17) Participants of the subsidized employment program 14,350
356
established under section 5101.82 of the Revised Code or the work 14,352
experience program established under section 5101.83 IN A WORK 14,354
ACTIVITY, DEVELOPMENTAL ACTIVITY, OR ALTERNATIVE WORK ACTIVITY 14,355
UNDER SECTIONS 5107.40 TO 5107.68 of the Revised Code who perform 14,358
a service for a public employer that the public employer needs 14,359
but is not performed by an employee of the public employer IF THE 14,361
PARTICIPANT IS NOT ENGAGED IN PAID EMPLOYMENT OR SUBSIDIZED 14,362
EMPLOYMENT PURSUANT TO THE ACTIVITY. 14,363
(D) "Employee organization" means any labor or bona fide 14,365
organization in which public employees participate and that 14,366
exists for the purpose, in whole or in part, of dealing with 14,367
public employers concerning grievances, labor disputes, wages, 14,368
hours, terms, and other conditions of employment. 14,369
(E) "Exclusive representative" means the employee 14,371
organization certified or recognized as an exclusive 14,372
representative under section 4117.05 of the Revised Code. 14,373
(F) "Supervisor" means any individual who has authority, 14,375
in the interest of the public employer, to hire, transfer, 14,376
suspend, lay off, recall, promote, discharge, assign, reward, or 14,377
discipline other public employees; to responsibly direct them; to 14,378
adjust their grievances; or to effectively recommend such action, 14,379
if the exercise of that authority is not of a merely routine or 14,380
clerical nature, but requires the use of independent judgment, 14,381
provided that: 14,382
(1) Employees of school districts who are department 14,384
chairmen CHAIRPERSONS or consulting teachers shall not be deemed 14,385
supervisors; 14,386
(2) With respect to members of a police or fire 14,388
department, no person shall be deemed a supervisor except the 14,389
chief of the department or those individuals who, in the absence 14,390
of the chief, are authorized to exercise the authority and 14,391
perform the duties of the chief of the department. Where prior 14,392
to June 1, 1982, a public employer pursuant to a judicial 14,393
decision, rendered in litigation to which the public employer was 14,394
357
a party, has declined to engage in collective bargaining with 14,395
members of a police or fire department on the basis that those 14,396
members are supervisors, those members of a police or fire 14,397
department do not have the rights specified in this chapter for 14,398
the purposes of future collective bargaining. The state 14,399
employment relations board shall decide all disputes concerning 14,400
the application of division (F)(2) of this section. 14,401
(3) With respect to faculty members of a state institution 14,403
of higher education, heads of departments or divisions are 14,404
supervisors; however, no other faculty member or group of faculty 14,405
members is a supervisor solely because the faculty member or 14,406
group of faculty members participate in decisions with respect to 14,407
courses, curriculum, personnel, or other matters of academic 14,408
policy; 14,409
(4) No teacher as defined in section 3319.09 of the 14,411
Revised Code shall be designated as a supervisor or a management 14,412
level employee unless the teacher is employed under a contract 14,413
governed by section 3319.01, 3319.011, or 3319.02 of the Revised 14,414
Code and is assigned to a position for which a license deemed to 14,416
be for administrators under state board rules is required 14,417
pursuant to section 3319.22 of the Revised Code.
(G) "To bargain collectively" means to perform the mutual 14,419
obligation of the public employer, by its representatives, and 14,420
the representatives of its employees to negotiate in good faith 14,421
at reasonable times and places with respect to wages, hours, 14,422
terms, and other conditions of employment and the continuation, 14,423
modification, or deletion of an existing provision of a 14,424
collective bargaining agreement, with the intention of reaching 14,425
an agreement, or to resolve questions arising under the 14,426
agreement. "To bargain collectively" includes executing a 14,427
written contract incorporating the terms of any agreement 14,428
reached. The obligation to bargain collectively does not mean 14,429
that either party is compelled to agree to a proposal nor does it 14,430
require the making of a concession. 14,431
358
(H) "Strike" means continuous concerted action in failing 14,433
to report to duty; willful absence from one's position; or 14,434
stoppage of work in whole from the full, faithful, and proper 14,435
performance of the duties of employment, for the purpose of 14,436
inducing, influencing, or coercing a change in wages, hours, 14,437
terms, and other conditions of employment. "Strike" does not
include a stoppage of work by employees in good faith because of 14,438
dangerous or unhealthful working conditions at the place of 14,439
employment that are abnormal to the place of employment. 14,440
(I) "Unauthorized strike" includes, but is not limited to, 14,442
concerted action during the term or extended term of a collective 14,443
bargaining agreement or during the pendency of the settlement 14,444
procedures set forth in section 4117.14 of the Revised Code in 14,445
failing to report to duty; willful absence from one's position; 14,446
stoppage of work; slowdown, or abstinence in whole or in part
from the full, faithful, and proper performance of the duties of 14,447
employment for the purpose of inducing, influencing, or coercing 14,448
a change in wages, hours, terms, and other conditions of 14,449
employment. "Unauthorized strike" includes any such action, 14,450
absence, stoppage, slowdown, or abstinence when done partially or 14,451
intermittently, whether during or after the expiration of the
term or extended term of a collective bargaining agreement or 14,452
during or after the pendency of the settlement procedures set 14,453
forth in section 4117.14 of the Revised Code. 14,454
(J) "Professional employee" means any employee engaged in 14,456
work that is predominantly intellectual, involving the consistent 14,458
exercise of discretion and judgment in its performance and 14,459
requiring knowledge of an advanced type in a field of science or 14,460
learning customarily acquired by a prolonged course in an
institution of higher learning or a hospital, as distinguished 14,461
from a general academic education or from an apprenticeship; or 14,462
an employee who has completed the courses of specialized 14,463
intellectual instruction and is performing related work under the 14,464
supervision of a professional person to become qualified as a 14,466
359
professional employee.
(K) "Confidential employee" means any employee who works 14,468
in the personnel offices of a public employer and deals with 14,469
information to be used by the public employer in collective 14,470
bargaining; or any employee who works in a close continuing 14,471
relationship with public officers or representatives directly 14,472
participating in collective bargaining on behalf of the employer. 14,473
(L) "Management level employee" means an individual who 14,475
formulates policy on behalf of the public employer, who 14,476
responsibly directs the implementation of policy, or who may 14,477
reasonably be required on behalf of the public employer to assist 14,478
in the preparation for the conduct of collective negotiations, 14,479
administer collectively negotiated agreements, or have a major 14,480
role in personnel administration. Assistant superintendents, 14,481
principals, and assistant principals whose employment is governed 14,482
by section 3319.02 of the Revised Code are management level 14,483
employees. With respect to members of a faculty of a state 14,484
institution of higher education, no person is a management level 14,485
employee because of the person's involvement in the formulation 14,486
or implementation of academic or institution policy. 14,487
(M) "Wages" means hourly rates of pay, salaries, or other 14,489
forms of compensation for services rendered. 14,490
(N) "Member of a police department" means a person who is 14,492
in the employ of a police department of a municipal corporation 14,493
as a full-time regular police officer as the result of an 14,495
appointment from a duly established civil service eligibility
list or under section 737.15 or 737.16 of the Revised Code, a 14,496
full-time deputy sheriff appointed under section 311.04 of the 14,497
Revised Code, a township constable appointed under section 509.01 14,499
of the Revised Code, or a member of a township police district 14,500
police department appointed under section 505.49 of the Revised 14,501
Code.
(O) "Members of the state highway patrol" means highway 14,503
patrol troopers and radio operators appointed under section 14,504
360
5503.01 of the Revised Code. 14,505
(P) "Member of a fire department" means a person who is in 14,507
the employ of a fire department of a municipal corporation or a 14,508
township as a fire cadet, full-time regular fire fighter, or 14,509
promoted rank as the result of an appointment from a duly 14,510
established civil service eligibility list or under section 14,511
505.38, 709.012, or 737.22 of the Revised Code. 14,512
(Q) "Day" means calendar day. 14,514
Sec. 4123.27. Information contained in the annual 14,523
statement provided for in section 4123.26 of the Revised Code, 14,524
and such other information as may be furnished to the bureau of 14,525
workers' compensation by employers in pursuance of that section, 14,526
or as the bureau develops or creates, and records kept by the 14,528
division of safety and hygiene pertaining to workplace injuries 14,529
and illnesses or occupational safety and health conditions in 14,530
specific workplaces, including, but not limited to, industrial 14,531
hygiene reports, ergonomic survey reports, team approach reports, 14,532
safety consultant reports, accident investigation reports, loss 14,533
control analysis reports, and illness and injury data pertaining 14,534
to specific workplaces, are for the exclusive use and information 14,535
of the bureau in the discharge of its official duties, and shall 14,536
not be open to the public nor be used in any court in any action 14,537
or proceeding pending therein unless the bureau is a party to the 14,538
action or proceeding; but the information contained in the 14,539
statement may be tabulated and published by the bureau in 14,540
statistical form for the use and information of other state 14,541
departments and the public. No person in the employ of the 14,542
bureau, except those who are authorized by the administrator of 14,543
workers' compensation, shall divulge any information secured by 14,544
the person while in the employ of the bureau in respect to the 14,546
transactions, property, claim files, records, or papers of the 14,548
bureau or in respect to the business or mechanical, chemical, or 14,550
other industrial process of any company, firm, corporation, 14,551
person, association, partnership, or public utility to any person 14,552
361
other than the administrator or to the superior of such employee
of the bureau. 14,553
Notwithstanding the restrictions imposed by this section, 14,555
the governor, select or standing committees of the general 14,556
assembly, the auditor of state, the attorney general, or their 14,557
designees, pursuant to the authority granted in this chapter and 14,558
Chapter 4121. of the Revised Code, may examine any records, claim 14,559
files, or papers in possession of the industrial commission or 14,560
the bureau. They also are bound by the privilege that attaches 14,561
to these papers. 14,562
The administrator shall report to the director of human 14,564
services or to the county director of human services the name, 14,565
address, and social security number or other identification 14,566
number of any person receiving workers' compensation whose name 14,567
or social security number or other identification number is the 14,568
same as that of a person required by a court or child support 14,569
enforcement agency to provide support payments to a recipient OR 14,570
PARTICIPANT of public assistance, and whose name is submitted to 14,571
the administrator by the director under section 5101.36 of the 14,572
Revised Code. The administrator also shall inform the director 14,573
of the amount of workers' compensation paid to the person during 14,574
such period as the director specifies. 14,575
Within fourteen days after receiving from the director of 14,577
human services a list of the names and social security numbers of 14,578
recipients OR PARTICIPANTS of public assistance pursuant to 14,579
section 5101.181 of the Revised Code, the administrator shall 14,581
inform the auditor of state of the name, current or most recent 14,582
address, and social security number of each person receiving 14,583
workers' compensation pursuant to this chapter whose name and 14,584
social security number are the same as that of a person whose 14,585
name or social security number was submitted by the director. 14,586
The administrator also shall inform the auditor of state of the 14,587
amount of workers' compensation paid to the person during such 14,588
period as the director specifies. 14,589
362
The bureau and its employees, except for purposes of 14,591
furnishing the auditor of state with information required by this 14,592
section, shall preserve the confidentiality of recipients OR 14,593
PARTICIPANTS of public assistance in compliance with division (A) 14,594
of section 5101.181 of the Revised Code. 14,596
For the purposes of this section, "public assistance" means 14,598
medical assistance provided through the medical assistance 14,599
program established under section 5111.01 of the Revised Code, 14,600
aid to dependent children OHIO WORKS FIRST provided under Chapter 14,602
5107. of the Revised Code, or disability assistance provided 14,603
under Chapter 5115. of the Revised Code. 14,604
Sec. 4141.16. (A) The administrator of the bureau of 14,613
employment services shall make available, upon request, to the 14,614
director of human services or to the county directors of human 14,615
services in the state the name, address, ordinary occupation, and 14,616
employment status of each recipient of unemployment benefits 14,617
under this chapter, and a statement of such recipient's rights to 14,618
further benefits under this chapter. 14,619
(B) The administrator shall also furnish, upon request of 14,621
a public agency administering or supervising the administration 14,622
of a state plan approved under part A of Title IV of the "Social 14,623
Security Act," 49 Stat. 627 (1935), 42 U.S.C.A. 601, or of a 14,624
public agency charged with any duty or responsibility under any 14,625
program or activity authorized or required under part D of Title 14,626
IV of such act, information with respect to any individual 14,627
specified in the request as to: 14,628
(1) Whether the individual is receiving, has received, or 14,630
has made application for unemployment compensation, and the 14,631
amount of any compensation being received by the individual; 14,632
(2) The current or most recent home address of the 14,634
individual; 14,635
(3) Whether the individual has refused an offer of 14,637
employment and, if so, a description of the employment so offered 14,638
and the terms, conditions, and rate of pay therefor. 14,639
363
The public agency shall pay to the bureau of employment 14,641
services the actual costs of furnishing the information described 14,642
in this division, as provided in the "Unemployment Compensation 14,643
Amendments of 1976," 90 Stat. 2667, 42 U.S.C. 603a. 14,644
(C)(1) The administrator shall disclose, upon request, to 14,646
officers, agents, or employees of any state or local child 14,647
support enforcement agency, any wage information contained in the 14,648
records of the bureau of employment services with respect to an 14,649
individual identified in the request. 14,650
(2) The officer, agent, or employee of the state or local 14,652
child support enforcement agency shall state in the request that 14,653
the wage information shall be used only for the purpose of 14,654
establishing and collecting child support obligations from, and 14,655
locating, individuals owing these obligations which are being 14,656
enforced pursuant to a plan described in section 454 of the 14,657
"Social Security Act," 88 Stat. 2354 (1975), 42 U.S.C.A. 654, 14,658
which has been approved by the United States secretary of health 14,659
and human services under part D of Title IV of the "Social 14,660
Security Act," 88 Stat. 2351 (1975), 42 U.S.C.A. 651. 14,661
(3) State and local child support enforcement agencies, 14,663
pursuant to section 303(d) of the "Social Security Act," 94 Stat. 14,664
441 (1980), 42 U.S.C.A. 503, as set forth in the "Social Security 14,665
Disability Amendments of 1980," section 408(B) of P.L. 96-265, 14,666
shall pay to the bureau the actual costs of furnishing the 14,667
information described in this division. 14,668
(4) Requirements with respect to the confidentiality of 14,670
information obtained in the administration of this chapter and 14,671
any sanctions imposed on improper disclosure of information 14,672
obtained therein shall apply to the redisclosure of information 14,673
disclosed under this section. 14,674
(D) The administrator also shall furnish, as required by 14,676
section 303(h) of the "Social Security Act," to the United States 14,677
secretary of health and human services, and on a reimbursable 14,678
basis, prompt access to wage and claims information, including 14,679
364
any information useful in locating an absent parent or such 14,680
parent's employer for use by the "Parent Locator Service," 14,681
section 453, part D of Title IV of the "Social Security Act" and 14,682
as required under section 303(h) of such act. 14,683
(E)(1) If the director of human services determines that 14,685
direct, on-line access to the automated information system 14,686
maintained by the bureau of employment services is an effective 14,687
and efficient means of obtaining necessary information to aid in 14,688
the enforcement or collection of child support obligations, the 14,689
director shall make a written request to the administrator of the 14,690
bureau of employment services to permit the following to have 14,691
direct, on-line access to the information system: 14,692
(a) The department of human services; 14,694
(b) Officers, agents, or employees of a state or local 14,696
child support enforcement agency of this state or of another 14,697
state as designated by the director; 14,698
(c) Officers, agents, or employees of any private agency 14,700
designated by the director that is operating pursuant to a 14,701
contract entered into with a state or local child support 14,702
enforcement agency of this state for the exchange of information 14,703
related to the enforcement and collection of child support 14,704
obligations. 14,705
(2) The director of human services shall not designate 14,707
pursuant to division (E)(1) of this section a state or local 14,708
child support enforcement agency of this state or of another 14,709
state or any private agency to have access to the automated 14,710
information system maintained by the bureau unless he THE 14,711
DIRECTOR also determines that on-line direct access to the 14,713
bureau's automated information system by that agency is necessary 14,714
for the implementation of a child support enforcement program 14,715
operating pursuant to a plan described in section 454 of the 14,716
"Social Security Act," 88 Stat. 2354 (1975), 42 U.S.C.A. 654, 14,717
that has been approved by the secretary of health and human 14,718
services under part D of Title IV of the "Social Security Act," 14,719
365
88 Stat. 2351 (1975), 42 U.S.C.A. 651. 14,720
(3) Upon receipt of a request made under division (E)(1) 14,722
of this section, the administrator of the bureau shall comply 14,723
with the request and shall adopt rules pursuant to this section 14,724
and section 111.15 of the Revised Code to regulate access to the 14,725
bureau's automated information system. The rules shall include a 14,726
confidentiality requirement that conforms to division (E)(5) of 14,727
this section. 14,728
(4)(a) State and local child support enforcement agencies, 14,730
pursuant to section 303(d) of the "Social Security Act," 94 Stat. 14,731
441 (1980), 42 U.S.C.A. 503, as set forth in the "Social Security 14,732
Disability Amendments of 1980," section 408(B) of P.L. 96-265, 14,733
shall pay to the bureau the actual costs to the bureau of 14,734
accessing its automated information system. 14,735
(b) Any private agency designated by the director of human 14,737
services pursuant to division (E)(1) of this section that is 14,738
operating pursuant to a contract entered into with a state or 14,739
local child support enforcement agency of this state for the 14,740
exchange of information related to the enforcement and collection 14,741
of child support obligations shall pay or provide contractually 14,742
for the payment of the actual costs to the bureau of accessing 14,743
its automated information system. 14,744
(5) The requirements with respect to the confidentiality 14,746
of information obtained in the administration of this chapter and 14,747
any sanctions imposed on improper disclosure of information 14,748
obtained in the administration of this chapter shall apply to any 14,749
information obtained pursuant to division (E) of this section 14,750
through on-line access to the bureau's automated information 14,751
system. 14,752
(F) The director of human services, his THE DIRECTOR'S 14,754
employees, and other individuals to whom information is made 14,756
available pursuant to this section are subject to section 4141.22 14,757
of the Revised Code and the penalty for violation of that section 14,758
as specified in section 4141.99 of the Revised Code. 14,759
366
(G) As used in this section, "state or local child support 14,761
enforcement agency" means either of the following: 14,762
(1) In this state, the department of human services, the 14,764
division of child support created pursuant to section 5101.31 of 14,765
the Revised Code, or a child support enforcement agency 14,766
designated by the board of county commissioners pursuant to 14,767
section 2301.35 of the Revised Code; 14,768
(2) In a state other than this state, any agency of a 14,770
state or of a political subdivision of a state operating pursuant 14,771
to a plan described in section 454 of the "Social Security Act," 14,772
which has been approved by the secretary of health and human 14,773
services under part D of Title IV of the "Social Security Act." 14,774
Sec. 4141.162. (A) The administrator of the bureau of 14,783
employment services shall establish an income and eligibility 14,784
verification system that complies with section 1137 of the 14,785
"Social Security Act." The programs included in the system are: 14,786
(1) Unemployment compensation pursuant to section 3304 of 14,788
the "Internal Revenue Code of 1954"; 14,789
(2) Aid to families with dependent children pursuant to 14,791
THE STATE PROGRAM FUNDED IN PART UNDER part A of Title IV of the 14,792
"Social Security Act" AND ADMINISTERED UNDER CHAPTER 5107. OF THE 14,793
REVISED CODE;
(3) Medicaid assistance pursuant to Title XIX of the 14,795
"Social Security Act"; 14,796
(4) Food stamps pursuant to the "Food Stamp Act of 1977," 14,798
91 Stat. 958, 7 U.S.C.A. 2012 2011, as amended; 14,799
(5) Any Ohio program under a plan approved under Title I, 14,801
X, XIV, or XVI of the "Social Security Act." 14,802
Wage information provided by employers to the bureau shall 14,804
be furnished to the income and eligibility verification system. 14,805
Such information shall be used by the bureau to determine 14,806
eligibility of individuals for unemployment compensation benefits 14,807
and the amount of those benefits and used by the agencies that 14,808
administer the programs identified in divisions (A)(2) to (5) of 14,809
367
this section to determine or verify eligibility for or the amount 14,810
of benefits under those programs. 14,811
The bureau shall fully implement the use of wage 14,813
information to determine eligibility for and the amount of 14,814
unemployment compensation benefits by September 30, 1988. 14,815
Information furnished under the system shall also be made 14,817
available to the appropriate state or local child support 14,818
enforcement agency for the purposes of an approved plan under 14,819
part D of Title IV IV-D of the "Social Security Act" and to the 14,821
appropriate federal agency for the purposes of Titles II and XVI 14,822
of the "Social Security Act." 14,823
(B) The administrator shall adopt rules as necessary under 14,825
which the bureau of employment services, the department of human 14,826
services, and other state agencies the administrator determines 14,827
must participate in order to ensure compliance with section 1137 14,828
of the "Social Security Act" exchange information with each other 14,829
or authorized federal agencies about individuals who are 14,830
applicants for or recipients of benefits under any of the 14,831
programs enumerated in division (A) of this section. The rules 14,832
shall extend to: 14,833
(1) A requirement for standardized formats and procedures 14,835
for a participating agency to request and receive information 14,836
about an individual, which information shall include the 14,837
individual's social security number; 14,838
(2) A requirement that all applicants for and recipients 14,840
of benefits under any program enumerated in division (A) of this 14,841
section be notified at the time of application, and periodically 14,842
thereafter, that information available through the system may be 14,843
shared with agencies that administer other benefit programs and 14,844
utilized in establishing or verifying eligibility or benefit 14,845
amounts under the other programs enumerated in division (A) of 14,846
this section; 14,847
(3) A requirement that information is made available only 14,849
to the extent necessary to assist in the valid administrative 14,850
368
needs of the program receiving the information and is targeted 14,851
for use in ways which are most likely to be productive in 14,852
identifying and preventing ineligibility and incorrect payments; 14,853
(4) A requirement that information is adequately protected 14,855
against unauthorized disclosures for purposes other than to 14,856
establish or verify eligibility or benefit amounts under the 14,857
programs enumerated in division (A) of this section; 14,858
(5) A requirement that a program providing information is 14,860
reimbursed by the program using the information for the actual 14,861
costs of furnishing the information and that the administrator be 14,862
reimbursed by the participating programs for any actual costs 14,863
incurred in operating the system; 14,864
(6) Requirements for any other matters necessary to ensure 14,866
the effective, efficient, and timely exchange of necessary 14,867
information or that the administrator determines must be 14,868
addressed in order to ensure compliance with the requirements of 14,869
section 1137 of the "Social Security Act." 14,870
(C) Each participating agency shall furnish to the income 14,872
and eligibility verification system established in division (A) 14,873
of this section that information, which the administrator, by 14,874
rule, determines is necessary in order to comply with section 14,875
1137 of the "Social Security Act." 14,876
(D) Notwithstanding the information disclosure 14,878
requirements of this section and sections 4141.16, 4141.161, 14,879
4141.21, and division (D)(4)(a) of section 4141.28 of the Revised 14,880
Code, the administrator shall administer those provisions of law 14,881
so as to comply with section 1137 of the "Social Security Act." 14,882
(E) Requirements in section 4141.21 of the Revised Code 14,884
with respect to confidentiality of information obtained in the 14,885
administration of Chapter 4141. of the Revised Code and any 14,886
sanctions imposed for improper disclosure of such information 14,887
shall apply to the redisclosure of information disclosed under 14,888
this section. 14,889
Sec. 4141.163. The administrator of the bureau of 14,898
369
employment services shall disclose wage information, as defined 14,899
by the administrator, to a requesting agency only by agreement 14,900
between the agency and the administrator. The administrator 14,901
shall be paid by the requesting agency for the actual cost of 14,902
providing the information. 14,903
As used in this section, "requesting agency" means a state 14,905
agency, including the auditor of state, charged with the 14,906
responsibility of enforcing any of the following: 14,907
(A) The aid to families of dependent children STATE 14,909
program FUNDED IN PART under part A of Title IV of the "Social 14,910
Security Act" AND ADMINISTERED UNDER CHAPTER 5107. OF THE REVISED 14,911
CODE;
(B) The medical assistance program under Title XIX of the 14,913
"Social Security Act"; 14,914
(C) The food stamp program under the "Food Stamp Act of 14,916
1977"; 14,917
(D) A program under a plan approved under Title I, X, XIV, 14,919
or XVI of the "Social Security Act." 14,920
Information disclosed under this section shall be used only 14,922
for the enforcement of the programs listed in divisions (A) to 14,923
(D) of this section. Requirements with respect to the 14,924
confidentiality of information obtained in the administration of 14,925
Chapter 4141. of the Revised Code and any sanctions imposed for 14,926
improper disclosure of information obtained therein shall apply 14,927
to the redisclosure of information disclosed under this section. 14,928
Sec. 4141.28. (A) Applications for determination of 14,937
benefit rights and claims for benefits shall be filed with a 14,938
deputy of the administrator of the bureau of employment services 14,939
designated for the purpose. Such applications and claims may 14,940
also be filed with an employee of another state or federal agency 14,941
or with an employee of the unemployment insurance commission of 14,942
Canada, charged with the duty of accepting applications and 14,943
claims for unemployment benefits. 14,944
When a former employee of a state agency, board, or 14,946
370
commission that has terminated its operations files an 14,947
application under this division, the former employee shall give 14,948
notice that the agency, board, or commission has terminated its 14,949
operations. All notices or information required to be sent under 14,950
this chapter to or furnished by the applicant's employer shall be 14,951
sent to or furnished by the director of administrative services. 14,952
(B)(1) When an unemployed individual files an application 14,954
for determination of benefit rights, the administrator shall 14,955
furnish the individual with the information specified in division 14,957
(A) of section 4141.321 of the Revised Code and with a pamphlet 14,958
giving instructions for the steps an applicant may take if the 14,959
applicant's claim for benefits is disallowed. The pamphlet shall 14,961
state the applicant's right of appeal, clearly describe the 14,962
different levels of appeal, and explain where and when each 14,963
appeal must be filed. In filing an application, the individual 14,964
shall, for the individual's most recent employment, furnish the 14,965
administrator with either:
(a) The information furnished by the employer as provided 14,967
for in division (B)(2) of this section; 14,968
(b) The name and address of the employer for whom the 14,970
individual performed services and the individual's written 14,971
statement of the reason for separation from the employer. 14,972
Where the claimant has furnished information in accordance 14,974
with division (B)(1)(b) of this section, the administrator shall 14,975
promptly send a notice in writing that such filing has been made 14,976
to the individual's most recent employer, which notice shall 14,977
request from the employer the reason for the individual's 14,978
unemployment. The notice shall inform such employer of the 14,979
employer's right, upon request, to be present at a fact-finding 14,981
interview conducted prior to the making of any determination 14,982
under that division. Upon receipt of any request, the claimant 14,983
and the employer making the request shall have at least three 14,984
days' prior notice of the time and place of the fact-finding 14,985
interview. In the conduct of the interview, the administrator is 14,986
371
not bound by rules of evidence or of procedure for the conduct of 14,987
hearings. The administrator may request from any base period 14,988
employer information necessary for the determination of the 14,989
applicant's rights to benefits. Information as to the reason for 14,990
unemployment preceding an additional claim shall be obtained in 14,991
the same manner. Requests for such information shall be stamped 14,992
by the administrator with the date on which they are mailed. If 14,993
the employer fails to mail or deliver such information within ten 14,994
working days from the date the administrator mailed and date 14,995
stamped such request, and if necessary to assure prompt payment 14,996
of benefits when due, the administrator shall make the 14,997
determination, and shall base the determination on such 14,998
information as is available to the administrator, which shall 15,000
include the applicant's statement made under division (B)(1)(b) 15,001
of this section. The determination, as it relates to the 15,002
claimant's determination of benefit rights, shall be amended upon 15,003
receipt of correct remuneration information at any time within 15,004
the benefit year and any benefits paid and charged to an
employer's account prior to the receipt of such information shall 15,005
be adjusted, effective as of the beginning of the claimant's 15,006
benefit year. 15,007
(2) An employer who separates within any seven-day period 15,009
fifty or more individuals because of lack of work, and these 15,010
individuals upon separation will be unemployed as defined in 15,011
division (R) of section 4141.01 of the Revised Code, shall 15,012
furnish notice to the administrator of the dates of separation 15,013
and the approximate number of individuals being separated. The 15,014
notice shall be furnished at least three working days prior to 15,015
the date of the first day of such separations. In addition, at 15,016
the time of separation the employer shall furnish to the 15,017
individual being separated or to the administrator separation 15,018
information necessary to determine the individual's eligibility, 15,019
on forms and in a manner approved by the administrator. 15,020
An employer who operates multiple business establishments 15,022
372
at which both the effective authority for hiring and separation 15,023
of employees and payroll information is located and who, because 15,024
of lack of work, separates a total of fifty or more individuals 15,025
at two or more business establishments is exempt from the first 15,026
paragraph of division (B)(2) of this section. This paragraph 15,027
shall not be construed to relieve an employer who operates 15,028
multiple business establishments from complying with division 15,029
(B)(2) of this section where the employer separates fifty or more 15,030
individuals at any business establishment within a seven-day 15,031
period. 15,032
An employer of individuals engaged in connection with the 15,034
commercial canning or commercial freezing of fruits and 15,035
vegetables is exempt from the provision of division (B)(2) of 15,036
this section that requires an employer to furnish notice of 15,037
separation at least three working days prior to the date of the 15,038
first day of such separations. 15,039
(3) Where an individual at the time of filing an 15,041
application for determination of benefit rights furnishes 15,042
separation information provided by the employer or where the 15,043
employer has provided the administrator with the information in 15,044
accordance with division (B)(2) of this section, the 15,045
administrator shall make a determination of eligibility on the 15,046
basis of the information furnished. The administrator shall 15,047
promptly notify all interested parties under division (D)(1) of 15,048
this section of the determination. 15,049
(4) Where an employer has furnished separation information 15,051
under division (B)(2) of this section which is insufficient to 15,052
enable the administrator to make a determination of a claim for 15,053
benefits of an individual, or where the individual fails at the 15,054
time of filing an application for determination of benefit rights 15,055
to produce the separation information furnished by an employer, 15,056
the administrator shall follow the provisions specified in 15,057
division (B)(1) of this section. 15,058
(C) The administrator or the administrator's deputy shall 15,060
373
promptly examine any application for determination of benefit 15,061
rights filed, and on the basis of any facts found by the 15,062
administrator or deputy shall determine whether or not the 15,063
application is valid, and if valid, the date on which the benefit 15,064
year shall commence and the weekly benefit amount. The claimant, 15,066
the most recent employer, and any other employer in the
claimant's base period shall promptly be notified of the 15,067
determination and the reasons therefor. In addition, the 15,068
determination issued to the claimant shall include the total 15,069
amount of benefits payable, and the determination issued to each 15,070
chargeable base period employer shall include the total amount of 15,071
benefits which may be charged to the employer's account. 15,072
(D)(1) The administrator or the administrator's deputy 15,074
shall examine the first claim for benefits filed in any benefit 15,075
year, and any additional claim, and on the basis of any facts 15,076
found by the administrator or deputy shall determine whether 15,077
division (D) of section 4141.29 of the Revised Code is applicable 15,078
to the claimant's most recent separation and, to the extent 15,079
necessary, prior separations from work, and whether the 15,080
separation reason is qualifying or disqualifying for the ensuing 15,081
period of unemployment. Notice of such determination shall be 15,082
mailed to the claimant, the claimant's most recent employer, and 15,083
any other employer involved in the determination. 15,084
(a) Whenever the administrator has reason to believe that 15,086
the unemployment of twenty-five or more individuals relates to a 15,087
labor dispute, the administrator shall, within five calendar days 15,088
after their claims are filed, schedule a hearing concerning the 15,089
reason for unemployment. Notice of the hearing shall be sent to 15,090
all interested parties, including the duly authorized 15,091
representative of the parties, as provided in division (D)(1) of 15,092
this section. The hearing date shall be scheduled so as to 15,093
provide at least ten days' prior notice of the time and date of 15,094
the hearing. A similar hearing, in such cases, may be scheduled 15,095
when there is a dispute as to the duration or ending date of the 15,096
374
labor dispute. 15,097
(b) The administrator shall appoint a hearing officer to 15,099
conduct the hearing of the case under division (D)(1)(a) of this 15,100
section. The hearing officer is not bound by common law or 15,101
statutory rules of evidence or by technical or formal rules of 15,102
procedure, but shall take any steps that are reasonable and 15,103
necessary to obtain the facts and determine whether the claimants 15,104
are entitled to benefits under the law. The failure of any 15,105
interested party to appear at the hearing shall not preclude a 15,106
decision based upon all the facts available to the hearing 15,107
officer. The proceeding at the hearing shall be recorded by 15,108
mechanical means or by other means prescribed by the 15,109
administrator. The record need not be transcribed unless an 15,110
application for appeal is filed on the decision and the 15,111
chairperson of the unemployment compensation review commission 15,113
requests a transcript of the hearing within fourteen days after 15,114
the application for appeal is received by the commission. The 15,115
administrator shall prescribe rules concerning the conduct of the 15,117
hearings and all related matters and appoint an attorney to 15,118
direct the operation of this function.
(c) The administrator shall issue the hearing officer's 15,120
decisions and reasons therefor on the case within ten calendar 15,121
days after the hearing. The hearing officer's decision issued by 15,122
the administrator is final unless an application for appeal is 15,123
filed with the review commission within twenty-one days after the 15,125
decision was mailed to all interested parties. The administrator 15,126
may, within the twenty-one-day appeal period, remove and vacate 15,127
the decision and issue a revised determination and appeal date. 15,128
(d) Upon receipt of the application for appeal, the full 15,130
review commission shall review the administrator's decision and 15,132
either schedule a further hearing on the case or disallow the 15,133
application. The review commission shall review the 15,134
administrator's decision within fourteen days after receipt of 15,135
the decision or the receipt of a transcript requested under 15,136
375
division (D)(1)(b) of this section, whichever is later. 15,137
(i) When a further hearing is granted, the commission 15,139
shall make the administrator's decision and record of the case, 15,141
as certified by the administrator, a part of the record and shall 15,142
consider the administrator's decision and record in arriving at a 15,143
decision on the case. The commission's decision affirming, 15,145
modifying, or reversing the administrator's decision, following 15,146
the further appeal, shall be mailed to all interested parties 15,147
within fourteen days after the hearing. 15,148
(ii) A decision of the disallowance of a further appeal 15,150
shall be mailed to all interested parties within fourteen days 15,151
after the commission makes the decision to disallow. The 15,152
disallowance is deemed an affirmation of the administrator's 15,154
decision.
(iii) The time limits specified in divisions (D)(1)(a), 15,156
(b), (c), and (d) of this section may be extended by agreement of 15,157
all interested parties or for cause beyond the control of the 15,158
administrator or the commission. 15,159
(e) An appeal of the commission's decision issued under 15,161
division (D)(1)(d) of this section may be taken to the court of 15,162
common pleas as provided in division (O) of this section. 15,163
(f) A labor dispute decision involving fewer than 15,165
twenty-five individuals shall be determined under division (D)(1) 15,166
of this section and the review commission shall determine any 15,168
appeal from the decision pursuant to division (M) of this section 15,169
and within the time limits provided in division (D)(1)(d) of this 15,170
section. 15,171
(2) The administrator or the administrator's deputy shall 15,173
also examine each continued claim for benefits filed, and on the 15,175
basis of any facts found by the administrator or the 15,176
administrator's deputy shall determine whether such claim shall 15,177
be allowed. 15,178
(a) The determination of a first or additional claim, 15,180
including the reasons therefor, shall be mailed to the claimant, 15,181
376
the claimant's most recent employer, and any other employer 15,182
involved in the determination. 15,183
(b) When the determination of a continued claim results in 15,185
a disallowed claim, the administrator shall notify the claimant 15,186
of such disallowance and the reasons therefor. 15,187
(3) Where the claim for benefits is directly attributable 15,189
to unemployment caused by a major disaster, as declared by the 15,190
president of the United States pursuant to the "Disaster Relief 15,191
Act of 1970," 84 Stat. 1745, 42 U.S.C.A. 4402, and the individual 15,192
filing the claim would otherwise have been eligible for disaster 15,193
unemployment assistance under that act, then upon application by 15,194
the employer any benefits paid on the claim shall not be charged 15,195
to the account of the employer who would have been charged on 15,196
such claim but instead shall be charged to the mutualized account 15,197
described in section 4141.25 of the Revised Code, provided that 15,198
this division is not applicable to an employer electing 15,199
reimbursing status under section 4141.241 of the Revised Code, 15,200
except reimbursing employers for whom benefit charges are charged 15,201
to the mutualized account pursuant to division (C) of section 15,202
4141.33 of the Revised Code. 15,203
(4)(a) An individual filing a new claim for unemployment 15,205
compensation shall disclose, at the time of filing, whether or 15,206
not the individual owes child support obligations. In such a 15,207
case, the administrator shall notify the state or local child 15,208
support enforcement agency enforcing the obligation only if the 15,209
claimant has been determined to be eligible for unemployment 15,210
compensation. 15,211
(b) The administrator shall deduct and withhold from 15,213
unemployment compensation payable to an individual who owes child 15,214
support obligations: 15,215
(i) Any amount required to be deducted and withheld from 15,217
the unemployment compensation pursuant to legal process, as that 15,218
term is defined in section 462(e) of the "Social Security Act," 15,219
88 Stat. 2351, 42 U.S.C. 654, as amended, and properly served 15,220
377
upon the administrator, as described in division (D)(4)(c) of 15,221
this section; or 15,222
(ii) Where division (D)(4)(b)(i) of this section is 15,224
inapplicable, in the amount determined pursuant to an agreement 15,225
submitted to the administrator under section 454(20)(B)(i) of the 15,226
"Social Security Act," 88 Stat. 2351, 42 U.S.C. 654, as amended, 15,227
by the state or local child support enforcement agency; or 15,228
(iii) If neither division (D)(4)(b)(i) nor (ii) of this 15,230
section is applicable, then in the amount specified by the 15,231
individual. 15,232
(c) The state department of human services shall be 15,234
designated to receive all legal process described in division 15,235
(D)(4)(b)(i) of this section from each local child support 15,236
enforcement agency, which legal process was received by the 15,237
agency under section 2301.371 of the Revised Code or otherwise 15,238
was received by the agency. The processing of cases under part D 15,239
of Title IV of the "Social Security Act," 88 Stat. 2351 (1975), 15,240
42 U.S.C.A. 651, as amended, shall be determined pursuant to 15,241
agreement between the administrator and the state department of 15,242
human services. The department shall pay, pursuant to that 15,243
agreement, all of the costs of the bureau of employment services 15,244
that are associated with a deduction and withholding under 15,245
division (D)(4)(b)(i) of this section. 15,246
(d) The amount of unemployment compensation subject to 15,248
being withheld pursuant to division (D)(4)(b) of this section is 15,249
that amount which remains payable to the individual after 15,250
application of any recoupment provisions for recovery of 15,251
overpayments and after deductions which have been made under this 15,252
chapter for deductible income received by the individual. 15,253
(e) Any amount deducted and withheld under division 15,255
(D)(4)(b) of this section shall be paid to the appropriate state 15,256
or local child support enforcement agency in the following 15,257
manner: 15,258
(i) The administrator shall determine the amounts that are 15,260
378
to be deducted and withheld on a per county basis. 15,261
(ii) For each county, the administrator shall forward to 15,263
the local child support enforcement agency of the county, at 15,264
intervals to be determined pursuant to the agreement referred to 15,265
in division (D)(4)(c) of this section, the amount determined for 15,266
that county under division (D)(4)(e)(i) of this section for 15,267
disbursement to the obligees or assignees of such support 15,268
obligations. 15,269
(f) Any amount deducted and withheld under division 15,271
(D)(4)(b) of this section shall for all purposes be treated as if 15,272
it were paid to the individual as unemployment compensation and 15,273
paid by the individual to the state or local child support agency 15,274
in satisfaction of the individual's child support obligations. 15,275
(g) Division (D)(4) of this section applies only if 15,277
appropriate arrangements have been made for reimbursement by the 15,278
state or local child support enforcement agency for the 15,279
administrative costs incurred by the administrator under this 15,280
section which are associated with or attributable to child 15,281
support obligations being enforced by the state or local child 15,282
support enforcement agency. 15,283
(h) As used in division (D)(4) of this section: 15,285
(i) "Child support obligations" means only obligations 15,287
which are being enforced pursuant to a plan described in section 15,288
454 of the "Social Security Act," 88 Stat. 2351, 42 U.S.C. 654, 15,289
as amended, which has been approved by the United States 15,290
secretary of health and human services under part D of Title IV 15,291
of the "Social Security Act," 88 Stat. 2351, 42 U.S.C. 651, as 15,292
amended. 15,293
(ii) "State child support enforcement agency" means the 15,295
department of human services, bureau of child support, designated 15,296
as the single state agency for the administration of the program 15,297
of child support enforcement pursuant to part D of Title IV of 15,298
the "Social Security Act," 88 Stat. 2351, 42 U.S.C. 651, as 15,299
amended. 15,300
379
(iii) "Local child support enforcement agency" means the A 15,302
child support enforcement agency designated pursuant to section 15,303
2301.35 of the Revised Code or any other agency of a political 15,304
subdivision of the state operating pursuant to a plan mentioned 15,305
in division (D)(4)(h)(i) of this section. 15,306
(iv) "Unemployment compensation" means any compensation 15,308
payable under this chapter including amounts payable by the 15,309
administrator pursuant to an agreement under any federal law 15,310
providing for compensation, assistance, or allowances with 15,311
respect to unemployment. 15,312
(E)(1) Any base period or subsequent employer of a 15,314
claimant who has knowledge of specific facts affecting such 15,315
claimant's right to receive benefits for any week may notify the 15,316
administrator in writing of such facts. The administrator shall 15,317
prescribe a form to be used for such eligibility notice, but 15,318
failure to use the prescribed form shall not preclude the 15,319
administrator's examination of any notice. 15,320
(2) An eligibility notice is timely filed if received by 15,322
the administrator or the administrator's deputy or postmarked 15,324
prior to or within forty-five calendar days after the end of the
week with respect to which a claim for benefits is filed by the 15,325
claimant. An employer who does not timely file an eligibility 15,327
notice shall not be an interested party with respect to the claim 15,328
for benefits which is the subject of the notice.
(3) The administrator or the administrator's deputy shall 15,330
consider the information contained in the eligibility notice, 15,331
together with other facts found by the administrator or the 15,332
administrator's deputy and, after giving notice to the notifying 15,333
employer, if the employer timely filed the eligibility notice, 15,334
and to the claimant, and other interested parties and informing 15,336
them of their right to be present at a predetermination 15,337
fact-finding interview, shall determine, unless a prior 15,340
determination on the same eligibility issue has become final, 15,341
whether such claim shall be allowed, and shall mail notice of 15,342
380
such determination to the notifying employer who timely filed the 15,344
eligibility notice, to the claimant, and to other interested 15,345
parties. If the determination disallows benefits for any week in 15,346
question, the payment of benefits with respect to that week shall 15,348
be withheld pending further appeal, or an overpayment order shall 15,349
be issued by the administrator as prescribed in section 4141.35 15,350
of the Revised Code, if applicable. 15,351
(F) In making determinations on applications for 15,353
determination of benefit rights and claims for benefits, the 15,354
administrator and the administrator's deputy shall follow 15,355
decisions of the unemployment compensation review commission 15,357
which have become final with respect to claimants similarly 15,359
situated.
(G)(1) Any interested party notified of a determination of 15,361
an application for determination of benefit rights or a claim for 15,362
benefits may, within twenty-one calendar days after the notice 15,363
was mailed to the party's last known post-office address, apply 15,364
in writing for a reconsideration of the administrator's or 15,365
deputy's determination. 15,366
(2) Unless an application for reconsideration is filed 15,368
within the twenty-one-day period, or within an extended period 15,369
pursuant to division (R) of this section, such determination of 15,370
the administrator or deputy is final, except that upon discovery, 15,371
within the benefit year, of an error in an employer's report 15,372
other than a report to correct remuneration information as 15,373
provided in division (B) of this section or any typographical or 15,374
clerical error in the administrator's determination or a decision 15,375
on reconsideration, the administrator or the administrator's 15,376
deputy shall issue a corrected determination or decision to all 15,378
interested parties, which determination or decision shall take 15,379
precedence over and void the prior determination or decision of 15,380
the administrator or the administrator's deputy, provided no 15,381
appeal has been filed with the commission. If a request for 15,382
reconsideration is filed within the twenty-one-day period, the 15,384
381
administrator shall promptly consider such request and, after 15,385
giving notice to the interested parties and informing them of 15,386
their right to be present at a predetermination fact-finding 15,387
interview, conducted as described in division (B) of this 15,388
section, shall issue the decision to the interested parties; 15,389
except that, if in the administrator's judgment the issues are 15,390
such as to require a hearing, the administrator may refer any 15,391
request for reconsideration to the commission as an appeal. 15,392
(3) If benefits are allowed by the administrator in the 15,394
initial determination or the decision on reconsideration, or in a 15,395
decision by a referee, the review commission, or a court, the 15,397
benefits shall be paid promptly, notwithstanding any further 15,398
appeal, provided that if benefits are denied upon reconsideration 15,399
or appeal, of which the parties have notice and an opportunity to 15,400
be heard, the payment of benefits shall be withheld pending a 15,401
decision on any further appeal. 15,402
(4) Any benefits paid to a claimant under this section 15,404
prior to a final determination of the claimant's right to the 15,405
benefits shall be charged to the employer's account as provided 15,407
in division (D) of section 4141.24 of the Revised Code, provided 15,408
that if there is no final determination of the claim by the 15,409
subsequent thirtieth day of June, the employer's account will be 15,410
credited with the total amount of benefits which has been paid 15,411
prior to that date, based on the determination which has not 15,412
become final. The total amount credited to the employer's 15,413
account shall be charged to a suspense account which shall be 15,414
maintained as a separate bookkeeping account and administered as 15,415
a part of section 4141.24 of the Revised Code, and shall not be 15,416
used in determining the account balance of the employer for the 15,417
purpose of computing the employer's contribution rate under 15,418
section 4141.25 of the Revised Code. If it is finally determined 15,419
that the claimant is entitled to all or a part of the benefits in 15,420
dispute, the suspense account shall be credited and the 15,421
appropriate employer's account charged with the benefits. If it 15,422
382
is finally determined that the claimant is not entitled to all or 15,423
any portion of the benefits in dispute, the benefits shall be 15,424
credited to the suspense account and a corresponding charge made 15,425
to the mutualized account established in division (D) of section 15,426
4141.25 of the Revised Code, provided that, except as otherwise 15,427
provided in this division, if benefits are chargeable to an 15,428
employer or group of employers who is required or elects to make 15,429
payments to the fund in lieu of contributions under section 15,430
4141.241 of the Revised Code, the benefits shall be charged to 15,431
the employer's account in the manner provided in division (D) of 15,432
section 4141.24 and division (B) of section 4141.241 of the 15,433
Revised Code, and no part of the benefits may be charged to the 15,434
suspense account provided in this division. To the extent that 15,435
benefits which have been paid to a claimant and charged to the 15,436
employer's account are found not to be due the claimant and are 15,437
recovered by the administrator as provided in section 4141.35 of 15,438
the Revised Code, they shall be credited to the employer's 15,439
account.
(H) Any interested party may appeal the administrator's 15,441
decision on reconsideration to the commission and unless an 15,443
appeal is filed from such decision on reconsideration with the 15,444
commission within twenty-one calendar days after such decision 15,446
was mailed to the last known post-office address of the 15,447
appellant, or within an extended period pursuant to division (R) 15,448
of this section, such decision on reconsideration is final and 15,449
benefits shall be paid or denied in accordance therewith. 15,450
(I) Requests for reconsideration, appeals, or applications 15,452
for further appeals may be filed with the commission, with the 15,454
administrator or one of the administrator's deputies, with an 15,455
employee of another state or federal agency, or with an employee 15,457
of the unemployment insurance commission of Canada charged with 15,458
the duty of accepting claims. 15,459
(1) Any timely written notice stating that the interested 15,461
party desires a review of the previous determination or decision 15,462
383
and the reasons therefor, shall be accepted. 15,463
(2) The administrator, commission, or authorized agent 15,465
must receive the request, appeal, or application within the 15,467
specified appeal period in order for the request, appeal, or 15,468
application to be deemed timely filed, except that: 15,469
(a) If the United States postal service is used as the 15,471
means of delivery, the enclosing envelope must have a postmark 15,472
date, as governed by United States postal regulations, that is on 15,473
or before the last day of the specified appeal period; and 15,474
(b) Where the postmark date is illegible or missing, the 15,476
request, appeal, or application is timely filed if received no 15,477
later than the end of the third calendar day following the last 15,478
day of the specified appeal period. 15,479
(J) When an appeal from a decision on reconsideration of 15,481
the administrator or deputy is taken, all interested parties 15,482
shall be notified and the commission or a referee shall, after 15,484
affording such parties reasonable opportunity for a fair hearing, 15,485
affirm, modify, or reverse the findings of fact and the decision 15,486
of the administrator or deputy in the manner which appears just 15,487
and proper. In the conduct of such hearing or any other hearing 15,488
on appeal to the commission which is provided in this section, 15,490
the commission and the referees are not bound by common law or 15,491
statutory rules of evidence or by technical or formal rules of 15,492
procedure. The commission and the referees shall take any steps 15,493
in the hearings, consistent with the impartial discharge of their 15,495
duties, which appear reasonable and necessary to ascertain the 15,496
facts and determine whether the claimant is entitled to benefits 15,497
under the law. For the purpose of any hearing on appeal which is 15,498
provided in this section, the file of the administrator 15,499
pertaining to the case shall be certified by the administrator 15,500
and shall automatically become a part of the record in the appeal 15,501
hearing. All information in the file which pertains to the claim, 15,502
including statements made to the administrator or the 15,503
administrator's deputy by the individual claiming benefits or 15,505
384
other interested parties, shall be considered by the commission 15,506
and the referees in arriving at a decision, together with any 15,508
other information which is produced at the hearing. The 15,509
commission and referees may conduct any such hearing in person or 15,511
by telephone. The commission shall adopt rules which designate 15,513
the circumstances under which the commission or referees may 15,515
conduct a hearing by telephone, grant a party to the hearing the 15,516
opportunity to object to a hearing by telephone, and govern the 15,517
conduct of hearings by telephone. An interested party whose 15,518
hearing would be by telephone pursuant to the commission rules 15,519
may elect to have an in-person hearing, provided that the party 15,520
electing the in-person hearing agrees to have the hearing at the 15,521
time and place the commission determines pursuant to rule. 15,522
(1) The failure of the claimant or other interested party 15,524
to appear at a hearing, unless the claimant or interested party 15,525
is the appealing party, shall not preclude a decision in the 15,527
claimant's or interested party's favor, if on the basis of all 15,528
the information in the record, including that contained in the 15,529
file of the administrator, the claimant or interested party is 15,530
entitled to the decision. 15,531
(2) If the party appealing fails to appear at the hearing, 15,533
the referee or the commission shall dismiss the appeal, provided 15,535
that the referee or commission shall vacate the dismissal upon a 15,537
showing that due notice of the hearing was not mailed to such 15,538
party's last known address or good cause for the failure to 15,539
appear is shown to the referee or the commission within fourteen 15,540
days after the hearing date. No further appeal from the decision 15,542
may thereafter be instituted by such party. If the other party 15,543
fails to appear at the hearing, the referee or the commission 15,544
shall proceed with the hearing and shall issue a decision without 15,546
further hearing, provided that the referee or commission shall 15,547
vacate the decision upon a showing that due notice of the hearing 15,549
was not mailed to such party's last known address or good cause 15,550
for such party's failure to appear is shown to the referee or the 15,551
385
commission within fourteen days after the hearing date. 15,553
(3) Where a party requests that a hearing be scheduled in 15,555
the evening because the party is employed during the day, the 15,556
commission or referee shall schedule the hearing during such 15,558
hours as the party is not employed. 15,559
(K) The proceedings at the hearing before the referee, or 15,561
the commission, shall be recorded by mechanical means or 15,562
otherwise as may be prescribed by the commission. Unless the 15,564
claim is further appealed, such record of proceedings need not be 15,566
transcribed.
(L) All interested parties shall be notified of the 15,568
referee's decision, which shall include the reasons therefor. 15,569
The referee's decision shall become final unless, within 15,570
twenty-one days after the decision was mailed to the last known 15,571
post-office address of such parties, or within an extended period 15,572
pursuant to division (R) of this section, the commission on its 15,574
own motion removes or transfers such claim to itself or an 15,575
application to institute a further appeal before the commission 15,577
is filed by any interested party and such appeal is allowed by 15,578
the commission. 15,579
(M) When any claim is removed or transferred to the 15,581
commission on its own motion, or when an application to institute 15,583
a further appeal is allowed by the commission, the commission 15,585
shall review the decision of the referee and shall either affirm, 15,586
modify, or reverse such decision. Before rendering its decision, 15,587
the commission may remand the case to the referee for further 15,589
proceedings. When the commission disallows an application to 15,590
institute a further appeal, or renders its decision affirming, 15,592
modifying, or reversing the decision of the referee, all 15,593
interested parties shall be notified of such decision or order by 15,594
mail addressed to the last known post-office address of such 15,595
parties. A disallowance by the commission of an application for 15,597
further appeal shall be deemed an affirmation by the commission 15,598
of the referee's decision under appeal. 15,599
386
(N) Whenever the administrator and the chairperson of the 15,601
review commission determine in writing and certify jointly that a 15,603
controversy exists with respect to the proper application of this 15,604
chapter to more than five hundred claimants similarly situated 15,605
whose claims are pending before the administrator or the review 15,607
commission or both on reconsideration or appeal applied for or
filed by three or more employers or by such claimants, the 15,609
chairperson of the review commission shall select one such claim 15,611
which is representative of all such claims and assign it for a 15,613
fair hearing and decision. Any other claimant or employer in the 15,614
group who makes a timely request to participate in the hearing 15,615
and decision shall be given a reasonable opportunity to 15,616
participate as a party to the proceeding. 15,617
Such joint certification by the administrator and the 15,619
chairperson of the commission shall constitute a stay of further 15,621
proceedings in the claims of all claimants similarly situated 15,622
until the issue or issues in controversy are adjudicated by the 15,623
supreme court of Ohio. At the time the decision of the 15,624
commission is issued, the chairperson shall certify the 15,626
commission's decision directly to the supreme court of Ohio and 15,629
the chairperson shall file with the clerk of the supreme court a 15,631
certified copy of the transcript of the proceedings before the 15,632
commission pertaining to such decision. Hearings on such issues 15,634
shall take precedence over all other civil cases. If upon 15,635
hearing and consideration of such record the court decides that 15,636
the decision of the commission is unlawful, the court shall 15,638
reverse and vacate the decision or modify it and enter final 15,639
judgment in accordance with such modification; otherwise such 15,640
court shall affirm such decision. The notice of the decision of 15,641
the commission to the interested parties shall contain a 15,643
certification by the chairperson of the commission that the 15,644
decision is of great public interest and that a certified 15,646
transcript of the record of the proceedings before the commission 15,647
has been filed with the clerk of the supreme court as an appeal 15,649
387
to the court. Promptly upon the final judgment of the court, the 15,650
administrator and the commission shall decide those claims 15,651
pending before them where the facts are similar and shall notify 15,653
all interested parties of such decision and the reason therefor 15,654
in the manner provided for in this section. Nothing in this 15,655
division shall be construed so as to deny the right of any such 15,656
claimant, whose claim is pending before the administrator on 15,657
reconsideration or before the commission, to apply for and be 15,659
granted an opportunity for a fair hearing to show that the facts 15,660
in the claimant's case are different from the facts in the claim 15,661
selected as the representative claim as provided in this 15,662
division, nor shall any such claimant be denied the right to
appeal the decision of the administrator or the commission which 15,663
is made as a result of the decision of the court in the 15,665
representative case.
(O)(1) Any interested party as defined in division (I) of 15,667
section 4141.01 of the Revised Code, within thirty days after 15,668
notice of the decision of the commission was mailed to the last 15,670
known post-office address of all interested parties, may appeal 15,671
from the decision of the commission to the court of common pleas 15,673
of the county where the appellant, if an employee, is resident or 15,674
was last employed or of the county where the appellant, if an 15,675
employer, is resident or has the principal place of business in 15,676
this state. The commission shall provide on its decision the 15,678
names and addresses of all interested parties. Such appeal shall 15,679
be taken within such thirty days by the appellant by filing a 15,680
notice of appeal with the clerk of the court of common pleas. 15,681
Such filing shall be the only act required to perfect the appeal 15,682
and vest jurisdiction in the court. Failure of an appellant to 15,683
take any step other than timely filing of a notice of appeal does 15,684
not affect the validity of the appeal, but is grounds only for 15,685
such action as the court deems appropriate, which may include 15,686
dismissal of the appeal. Such notice of appeal shall set forth 15,687
the decision appealed from. The appellant shall mail a copy of 15,688
388
the notice of appeal to the commission and to all interested 15,690
parties by certified mail to their last known post-office address 15,691
and proof of the mailing of the notice shall be filed with the 15,692
clerk within thirty days of filing the notice of appeal. All 15,693
interested parties shall be made appellees. The commission upon 15,695
receipt of the notice of appeal shall within thirty days file 15,696
with the clerk a certified transcript of the record of the 15,697
proceedings before the commission pertaining to the decision 15,699
complained of, and mail a copy of the transcript to the 15,700
appellant's attorney or to the appellant, if not represented by 15,701
counsel. The appellant shall file a statement of the assignments 15,702
of error presented for review within sixty days of the filing of 15,703
the notice of appeal with the court. The appeal shall be heard 15,704
upon such record certified by the commission. After an appeal 15,706
has been filed in the court, the commission may, by petition, be 15,708
made a party to such appeal. If the court finds that the 15,709
decision was unlawful, unreasonable, or against the manifest 15,710
weight of the evidence, it shall reverse and vacate such decision 15,711
or it may modify such decision and enter final judgment in 15,712
accordance with such modification; otherwise such court shall 15,713
affirm such decision. Any interested party shall have the right 15,714
to appeal from the decision of the court as in civil cases. 15,715
(2) If an appeal is filed after the thirty-day appeal 15,717
period established in division (O)(1) of this section, the court 15,718
of common pleas shall conduct a hearing to determine whether the 15,719
appeal was timely filed pursuant to division (R) of this section. 15,720
At the hearing, additional evidence may be introduced and oral 15,721
arguments may be presented regarding the timeliness of the filing 15,722
of the appeal. If the court of common pleas determines that the 15,723
time for filing the appeal is extended as provided in division 15,724
(R) of this section and that the appeal was filed within the 15,725
extended time provided in that division, the court shall 15,726
thereafter make its decision on the merits of the appeal. If the 15,727
court of common pleas determines that the time for filing the 15,728
389
appeal may not be extended as provided in division (R) of this 15,729
section, the court shall dismiss the appeal accordingly. The 15,730
determination on timeliness by the court of common pleas may be 15,731
appealed to the court of appeals as in civil cases, and such 15,732
appeal shall be consolidated with any appeal from the decision by 15,733
the court of common pleas on the merits of the appeal. 15,734
(P) Any application for reconsideration, any appeal from a 15,736
decision on reconsideration of the determination of the 15,737
administrator, application to institute a further appeal, and any 15,738
notice of intention to appeal the decision or order of the 15,739
commission to a court of common pleas may be executed in behalf 15,741
of any party or any group of claimants by an agent. 15,742
(Q)(1) The administrator, the administrator's deputy, the 15,744
referee, the review commission, or the court that has the 15,745
authority or jurisdiction pursuant to this section to hear an 15,747
application for reconsideration or an appeal that is timely filed 15,748
shall render a decision on the application for reconsideration or 15,749
the appeal and upon any further application for reconsideration 15,750
or appeal that is timely filed, whether or not the claimant meets 15,751
the able to work, available for suitable work, or the actively 15,752
seeking work requirements of division (A)(4)(a) of section 15,753
4141.29 of the Revised Code, if all of the following apply: 15,754
(a) The claimant's claim for benefits is allowed or denied 15,756
upon initial determination by the administrator or the 15,757
administrator's deputy or upon reconsideration, review, or appeal 15,759
by a decision of the administrator, the administrator's deputy, a 15,760
referee, the review commission, or a court. 15,761
(b) After the claim is allowed or disallowed, the claimant 15,763
is subjected to criminally injurious conduct, as defined in 15,764
section 2743.51 of the Revised Code. 15,765
(c) Pursuant to this section, any interested party timely 15,767
applies for reconsideration, or timely files an appeal, of the 15,768
determination or decision. 15,769
(d) The claimant files an application for an award of 15,771
390
reparations pursuant to sections 2743.51 to 2743.72 of the 15,772
Revised Code, for the loss of unemployment benefits. 15,773
(2) Any decision that is rendered pursuant to division 15,775
(Q)(1) of this section when a claimant fails to meet the able to 15,776
work, available for suitable work, or the actively seeking work 15,777
requirements of division (A)(4)(a) of section 4141.29 of the 15,778
Revised Code shall apply only for the purposes of any claim for 15,779
an award of reparations filed pursuant to sections 2743.51 to 15,780
2743.72 of the Revised Code and shall not enable a claimant who 15,781
does not meet the able to work, available for suitable work, or 15,782
the actively seeking work requirements of division (A)(4)(a) of 15,783
section 4141.29 of the Revised Code to obtain any benefits 15,784
pursuant to this chapter. 15,785
(R) The time for filing a request for reconsideration, an 15,787
appeal, an application to institute further appeal, or a court 15,788
appeal, under division (G), (H), (L), or (O) of this section 15,789
shall be extended as follows: 15,790
(1) When the last day of an appeal period is a Saturday, 15,792
Sunday, or legal holiday, the appeal period is extended to the 15,793
next work day after the Saturday, Sunday, or legal holiday; or 15,794
(2) When an interested party provides certified medical 15,796
evidence stating that the interested party's physical condition 15,797
or mental capacity prevented the interested party from filing a 15,798
request for reconsideration, an appeal, or an application to 15,799
institute further appeal pursuant to division (G), (H), or (L) of 15,800
this section within the appropriate twenty-one-day period, the 15,801
appeal period is extended to twenty-one days after the end of the 15,802
physical or mental condition and the request, appeal, or 15,803
application is considered timely filed if filed within that 15,804
extended period; 15,805
(3) When an interested party provides evidence, which 15,807
evidence may consist of testimony from the interested party, that 15,808
is sufficient to establish that the party did not actually 15,809
receive the determination or decision within the applicable 15,811
391
appeal period pursuant to division (G), (H), or (L) of this 15,812
section, and the administrator or the commission finds that the 15,813
interested party did not actually receive the determination or 15,815
decision within the applicable appeal period, then the appeal 15,816
period is extended to twenty-one days after the interested party 15,817
actually receives the determination or decision. 15,818
(4) When an interested party provides evidence, which 15,820
evidence may consist of testimony from the interested party, that 15,821
is sufficient to establish that the party did not actually 15,822
receive a decision within the thirty-day appeal period provided 15,823
in division (O)(1) of this section, and a court of common pleas 15,824
finds that the interested party did not actually receive the 15,825
decision within that thirty-day appeal period, then the appeal 15,826
period is extended to thirty days after the interested party 15,827
actually receives the decision. 15,828
(S) No finding of fact or law, decision, or order of the 15,830
administrator, referee, or the review commission, or a reviewing 15,832
court pursuant to this section, shall be given collateral 15,833
estoppel or res judicata effect in any separate or subsequent 15,834
judicial, administrative, or arbitration proceeding, other than a 15,835
proceeding arising under this chapter. 15,836
Sec. 5101.02. The director of human services is the 15,845
executive head of the department of human services. All duties 15,846
conferred on the various OFFICES, divisions, BUREAUS, SECTIONS, 15,848
and institutions of the department by law or by order of the 15,849
director shall be performed under such rules as the director 15,850
prescribes, and shall be under the director's control. 15,851
The director of human services may enter into agreements 15,853
with county boards of commissioners, as provided in section 15,854
329.05 of the Revised Code, to create a single administrative 15,855
unit within the county for the administration of the aid to 15,856
dependent children and disability assistance programs. 15,858
Any such agreement entered into shall provide, either in 15,860
specific terms or by prescribing a method for determining the 15,861
392
amounts, for any payments to be made into the county treasury in 15,862
consideration of the performance of the agreement, and may 15,863
provide for the transfer to the board of county commissioners of 15,864
any property, real or personal, used or useful in the performance 15,865
of functions or the rendering of services under such agreement. 15,866
Such transfer may limit the power of the board to dispose of such 15,867
property, and may provide for its return, disposition, division, 15,868
or distribution, in the event of the rescission or expiration of 15,869
the agreement. 15,870
To the extent provided by such agreement the functions and 15,872
duties of the department of human services shall be vested in the 15,873
board of county commissioners. 15,874
Payments authorized by the agreement shall be made by the 15,876
state not less than four times during each fiscal year on 15,877
vouchers prepared by the department of human services and may 15,878
include any funds appropriated or allocated to the department of 15,879
human services for carrying out the duties and responsibilities 15,880
which, under terms of the agreement, are transferred to the board 15,881
of county commissioners, including, but not limited to, funds for 15,882
personal service and maintenance. 15,883
Sec. 5101.06. The director of human services may establish 15,892
OFFICES, divisions, BUREAUS, AND SECTIONS and prescribe their 15,894
powers and duties.
Sec. 5101.07. Each OFFICE, division, BUREAU, AND SECTION 15,905
authorized by section 5101.06 of the Revised Code shall consist 15,906
of a chief and the officers and employees, including those in 15,907
institutions, necessary for the performance of the functions 15,908
assigned to it. The director of human services shall supervise 15,909
the work of each OFFICE, division, BUREAU, AND SECTION and SHALL 15,910
be responsible for the determination of general policies in the 15,911
exercise of powers vested in the department and powers assigned 15,912
to each OFFICE, division, BUREAU, AND SECTION. The chief of each 15,914
OFFICE, division, BUREAU, AND SECTION shall be responsible to the 15,916
director for the organization, direction, and supervision of the 15,917
393
work of the OFFICE, division, BUREAU, OR SECTION and the exercise 15,918
of the powers and the performance of the duties of the department 15,919
assigned to such OFFICE, division, BUREAU, OR SECTION, and, with 15,921
the approval of the director, may establish bureaus or other 15,922
administrative units therein. The director shall appoint the 15,923
chief of each OFFICE, division, BUREAU, AND SECTION, who, unless 15,925
placed in the unclassified service under section 124.11 of the 15,926
Revised Code, shall be in the classified service, and all other
employees of the department. The chief of each OFFICE, division, 15,928
BUREAU, AND SECTION shall be a person who has had special 15,929
training and experience in the type of work with the performance 15,930
of which the OFFICE, division, BUREAU, OR SECTION is charged. If 15,932
the director certifies that any such position can best be filled 15,933
under division (B) of section 124.30 of the Revised Code or 15,934
without regard to residence of the appointee, the department of 15,935
administrative services shall be governed by such certification. 15,936
Each chief of a AN OFFICE, division, BUREAU, OR SECTION, under 15,938
the director of human services, shall have entire executive 15,939
charge of the OFFICE, division, BUREAU, OR SECTION for which he 15,940
THE CHIEF is appointed. 15,941
All employees holding positions in the classified service 15,943
within the department on June 30, 1966, shall continue to hold 15,944
such positions and this section does not affect their civil 15,945
service status. 15,946
Employees of any division that is abolished by Amended 15,948
Substitute House Bill No. 376 of the 106th general assembly shall 15,949
be transferred to a comparable position in another division of 15,950
the department. 15,951
Sec. 5101.071. (A) Not later than ninety days after the 15,960
effective date of this section, the director of human services 15,961
shall develop and provide a training program to assist 15,962
caseworkers in county departments of human services and county 15,963
PUBLIC children services boards AGENCIES in understanding the 15,964
dynamics of domestic violence and the relationship domestic 15,965
394
violence has to child abuse. The program shall be coordinated 15,966
with other department programs regarding family violence. 15,967
(B) Not later than ninety days after the effective date of 15,969
this section, the director of human services shall adopt rules in 15,970
accordance with section 111.15 of the Revised Code establishing 15,971
policies for dealing with domestic violence and the victims of 15,972
domestic violence. The rules shall include all of the following: 15,973
(1) A rule designating types and categories of employees 15,975
of county departments of human services and employees of county 15,976
PUBLIC children services boards AGENCIES to receive training in 15,978
the handling of domestic violence cases and a policy for the 15,979
training of the designated types and categories of employees in 15,980
the handling of those cases.
(2) Guidelines directing how county departments of human 15,982
services and county children services boards shall respond to 15,983
identified domestic violence problems and to the needs of 15,984
children directly or indirectly involved in situations involving 15,985
domestic violence.
(C) Each county department of human services and each 15,987
county PUBLIC children services board AGENCY shall require its 15,989
employees to complete the training described in divisions (A) and 15,991
(B) of this section in accordance with the rules adopted by the 15,992
director of human services pursuant to division (B) of this
section.
Sec. 5101.10. The director of human services may expend 16,001
funds appropriated or available to the department of human 16,002
services to match federal funds that are or may become available 16,003
for the purposes of personnel THE ADMINISTRATION OF, AND 16,004
training, education, and research in, human services, and the 16,006
delivery of human services from public or private entities, 16,008
including other governmental agencies; public or private
institutions, organizations, agencies, and corporations; and 16,009
individuals. For purposes of this section, the director may 16,010
enter into contracts or agreements with public and private 16,011
395
entities and make grants to public and private entities. 16,012
THE DEPARTMENT MAY ADOPT RULES IN ACCORDANCE WITH SECTION 16,014
111.15 OF THE REVISED CODE TO DEFINE TERMS AND ADOPT PROCEDURES 16,015
AND OTHER PROVISIONS NECESSARY TO IMPLEMENT THIS SECTION. 16,016
Sec. 5101.14. (A) Within available funds, the department 16,025
of human services shall make payments to the counties within 16,026
thirty days after the beginning of each calendar quarter for a 16,027
part of their costs for services to children performed pursuant 16,028
to Chapter 5153. of the Revised Code. The 16,029
Funds provided to the county under this section shall be 16,031
deposited in a special fund in the county treasury, known as the 16,032
children services fund, and shall be used for no other purpose 16,033
than to meet expenses of the children services program. 16,034
(B) THE funds distributed under this section shall be used 16,036
to provide home-based services to children and families; to 16,037
provide protective services to children; to find, develop, and 16,038
approve adoptive homes; and to provide short-term, out-of-home 16,039
care and treatment for children. No funds shall be used for the 16,040
costs of maintaining a child in a children's home owned and 16,041
operated by the county. 16,042
In each fiscal year, the amount of funds available for 16,044
distribution under this section shall be allocated to counties as 16,046
follows:
(1) If the amount is less than the amount initially 16,048
appropriated for the immediately preceding fiscal year, each 16,049
county shall receive an amount equal to the percentage of the 16,050
funding it received in the immediately preceding fiscal year, 16,051
exclusive of any releases from or additions to the allocation or 16,052
any sanctions imposed under this section; 16,053
(2) If the amount is equal to the amount initially 16,055
appropriated for the immediately preceding fiscal year, each 16,056
county shall receive an amount equal to the amount it received in 16,058
the preceding fiscal year, exclusive of any releases from or
additions to the allocation or any sanctions imposed under this 16,059
396
section; 16,060
(3) If the amount is greater than the amount initially 16,062
appropriated for the immediately preceding fiscal year, each 16,063
county shall receive the amount determined under division (A)(2) 16,065
of this section as a base allocation, plus a percentage of the 16,066
amount that exceeds the amount initially appropriated for the 16,067
immediately preceding fiscal year. The amount exceeding the 16,068
amount initially appropriated in the immediately preceding fiscal 16,069
year shall be allocated to the counties as follows: 16,070
(a) Twelve per cent divided equally among all counties; 16,072
(b) Forty-eight per cent in the ratio that the number of 16,074
residents of the county under the age of eighteen bears to the 16,076
total number of such persons residing in this state; 16,077
(c) Forty per cent in the ratio that the number of 16,079
residents of the county with incomes under the federal poverty 16,080
line bears to the total number of such persons in this state. 16,081
As used in this division, "federal poverty guideline" means 16,083
the poverty guideline as defined by the United States office of 16,085
management and budget and revised by the United States secretary 16,086
of health and human services in accordance with section 673 of 16,087
the "Community Services Block Grant Act," 95 Stat. 511 (1981), 42 16,089
U.S.C.A. 9902, as amended.
(B)(C) The department may adopt rules as necessary for the 16,092
allocation of funds under this section. The rules shall be 16,093
adopted in accordance with section 111.15 of the Revised Code. 16,094
(C)(D)(1) As used in this division, "services to children" 16,096
includes only children's protective services, home-based services 16,097
to children and families, family foster home services, 16,098
residential treatment services, adoptive services, and 16,099
independent living services. 16,100
(2) Except as otherwise provided in this section, the 16,102
allocation of funds for a fiscal year to a county under this 16,103
section shall be reduced by the department if in the preceding 16,104
calendar year the total amount expended for services to children 16,105
397
from local funds and funds distributed to the county under 16,106
section 5101.462 5101.46 of the Revised Code was less than the 16,108
total expended from those sources in the second preceding 16,109
calendar year. The reduction shall be equal to the difference 16,110
between the total expended in the preceding calendar year and the 16,111
total expended in the second preceding calendar year. 16,112
The determination of whether the amount expended for 16,114
services to children was less in the preceding calendar year than 16,115
in the second preceding calendar year shall not include a 16,116
difference due to any of the following factors to the extent that 16,117
the difference does not exceed the amount attributable to that 16,118
factor: 16,119
(a) An across-the-board reduction in the county budget as 16,121
a whole; 16,122
(b) A reduced or failed levy specifically earmarked for 16,124
children services; 16,125
(c) A reduced allocation of funds to the county under 16,127
section 5101.462 5101.24 of the Revised Code; 16,128
(d) The closure of, or a reduction in the operating 16,130
capacity of, a children's home owned and operated by the county. 16,131
(3) Funds withheld under this division may be reallocated 16,133
by the department to other counties. The department may grant 16,134
whole or partial waivers of the provisions of this division. 16,135
(D)(E) No funds shall be paid to any county under this 16,137
section until the director of human services has approved a plan 16,138
for services to children submitted by the county department of 16,139
human services or the county PUBLIC children services board 16,141
AGENCY for the current calendar year. The department of human 16,142
services shall adopt rules prescribing the general content of the 16,143
county children services plan and the general content of the 16,144
evaluation required by division (B)(16) of section 5153.16 of the 16,145
Revised Code. 16,146
(E)(F) Children who are in the temporary or permanent 16,148
custody of a certified public or private nonprofit agency or 16,149
398
institution, or who are in adoptions subsidized under division 16,150
(B) of section 5153.163 of the Revised Code are eligible for 16,151
medical assistance through the medical assistance program 16,152
established under section 5111.01 of the Revised Code. 16,153
(F)(G) Within ninety days after the end of each fiscal 16,155
year, each county shall return any unspent funds to the 16,156
department.
(G)(H) The department shall prepare an annual report 16,158
detailing on a county-by-county basis the services provided with 16,159
funds distributed under this section. The report shall be 16,160
submitted to the general assembly by the thirtieth day of 16,161
September each year and also shall be made available to the 16,162
public. 16,163
(H)(I) In accordance with Chapter 119. of the Revised 16,165
Code, the director shall adopt, and may amend and rescind, rules 16,166
prescribing reports on expenditures to be submitted by the 16,167
counties as necessary for the implementation of this section. 16,168
Sec. 5101.141. (A) The state department of human services 16,177
shall act as the single state agency to administer federal 16,178
payments for foster care and adoption assistance made pursuant to 16,179
Title IV-E of the "Social Security Act," 94 Stat. 501, 42 16,180
U.S.C.A. 670 (1980), as amended, and shall adopt rules pursuant 16,181
to Chapter 119. of the Revised Code to implement this authority. 16,182
Title IV-E funds distributed by the state department to a county 16,183
PUBLIC children services board or county department of human 16,185
services that has assumed the administration of child welfare 16,186
AGENCY shall be administered by the board or county department 16,188
AGENCY in accordance with those rules. 16,190
(B)(1) The county shall, on behalf of each child eligible 16,192
for foster care maintenance payments under Title IV-E of the 16,193
"Social Security Act," make payments to cover the cost of 16,194
providing all of the following: 16,195
(a) The child's food, clothing, shelter, daily 16,197
supervision, and school supplies; 16,198
399
(b) The child's personal incidentals; 16,200
(c) Reasonable travel to the child's home for visitation. 16,202
(2) With respect to a child who is in a child-care 16,204
institution, including any type of group home designed for the 16,205
care of children or any privately operated program consisting of 16,206
two or more family foster homes operated by a common 16,207
administrative unit, the foster care maintenance payments made by 16,208
the county on behalf of the child shall include the reasonable 16,209
cost of the administration and operation of the institution, 16,210
group home, or program, as necessary to provide the items 16,211
described in division (B)(1) of this section. 16,212
(C) To the extent that either foster care maintenance 16,214
payments under division (B) of this section or Title IV-E 16,215
adoption assistance payments for maintenance costs require the 16,216
expenditure of county funds, the board of county commissioners 16,217
shall report the nature and amount of each expenditure of county 16,218
funds to the state department of human services. 16,219
(D) The state department shall distribute to counties that 16,221
incur and report such expenditures federal financial 16,222
participation received for administrative and training costs 16,223
incurred in the operation of foster care maintenance and adoption 16,224
assistance programs. The department may withhold not more than 16,225
two per cent of the federal financial participation received. The 16,227
funds withheld shall be in addition to any administration and
training cost for which the department is reimbursed through its 16,228
own cost allocation plan. 16,229
(E) All federal funds received by a county pursuant to 16,231
this section shall be deposited in the county's children services 16,232
fund created pursuant to division (A) of section 5101.14 of the 16,233
Revised Code and shall be used solely for services to children 16,234
under Chapter 5153. of the Revised Code. This requirement is 16,235
satisfied if, by clear audit trail, the county can demonstrate 16,236
that those funds were properly used to reimburse the county 16,237
general fund for children services expenditures made pursuant to 16,238
400
Chapter 5153. of the Revised Code. 16,239
(F) The department of human services shall periodically 16,241
publish and distribute the maximum amounts that the department 16,242
will reimburse county PUBLIC children services boards and county 16,244
departments of human services AGENCIES for making payments on 16,245
behalf of children eligible for foster care maintenance payments. 16,247
Sec. 5101.15. Within available funds the department of 16,256
human services may reimburse counties in accordance with this 16,257
section for a portion of the salaries paid to child welfare 16,258
workers employed under section 5153.12 of the Revised Code. No 16,259
county with a population of eighty thousand or less, according to 16,260
the latest census accepted by the department as official, shall 16,261
be entitled to reimbursement on the salaries of more than two 16,262
child welfare workers, and no county with a population of more 16,263
than eighty thousand, according to such census, shall be entitled 16,264
to reimbursement on the salaries of more than two child welfare 16,265
workers plus one additional child welfare worker for each one 16,266
hundred thousand of population in excess of eighty thousand. 16,267
The maximum reimbursement to which a county may be entitled 16,269
on any child welfare worker shall be as follows: 16,270
(A) Twenty-seven hundred dollars a year for a child 16,272
welfare worker who is a graduate of an accredited high school, 16,273
college, or university; 16,274
(B) Thirty-three hundred dollars a year for a child 16,276
welfare worker who has one year or more of graduate training in 16,277
social work or a field which the department finds to be related 16,278
to social work; 16,279
(C) Thirty-nine hundred dollars a year for a child welfare 16,281
worker who has completed two years of social work training. 16,282
The salary of the executive director, designated in 16,284
accordance with section 5153.10 of the Revised Code, shall be 16,285
subject to reimbursement under this section, provided that the 16,286
executive director qualifies under division (A), (B), or (C) of 16,287
this section. No funds shall be allocated under this section 16,288
401
until the director of human services has approved a plan of child 16,289
welfare services for the county submitted by the county 16,290
department of human services or county PUBLIC children services 16,291
board AGENCY. 16,292
Sec. 5101.16. (A) As used in this section and section 16,301
5101.161 of the Revised Code: 16,302
(1) "Aid to dependent children" means the program 16,304
established by Chapter 5107. of the Revised Code, excluding 16,305
publicly funded child day-care provided to aid to dependent 16,306
children recipients under Chapter 5104. of the Revised Code and 16,307
transitional child day-care provided to former aid to dependent 16,308
children recipients under section 5104.32 of the Revised Code. 16,309
(2) "Disability assistance" means financial and medical 16,311
assistance provided under Chapter 5115. of the Revised Code. 16,312
(3)(2) "Food stamps" means the program established by the 16,314
"Food Stamp Act of 1977," 92 Stat. 856, 7 U.S.C. 2026, as amended 16,316
ADMINISTERED BY THE DEPARTMENT OF HUMAN SERVICES PURSUANT TO 16,317
SECTION 5101.54 OF THE REVISED CODE.
(4)(3) "Medicaid" means the medical assistance program 16,319
established by Chapter 5111. of the Revised Code, excluding 16,322
transportation services provided under that chapter. 16,323
(5) "Public assistance expenditures" means expenditures 16,325
for all of the following: 16,326
(a) Aid to dependent children; 16,328
(b) County administration of aid to dependent children; 16,330
(c) Disability assistance; 16,332
(d) County administration of disability assistance; 16,334
(e) County administration of food stamps; 16,336
(f) County administration of medicaid. 16,338
(4) "OHIO WORKS FIRST" MEANS THE PROGRAM ESTABLISHED BY 16,341
CHAPTER 5107. OF THE REVISED CODE.
(B) Each BOARD OF county COMMISSIONERS shall pay the 16,343
county share of public assistance expenditures as specified in 16,345
this division. Payment of the county share shall be made as 16,346
402
provided FOR DISABILITY ASSISTANCE, OHIO WORKS FIRST, AND COUNTY 16,347
ADMINISTRATION OF DISABILITY ASSISTANCE, OHIO WORKS FIRST, FOOD 16,348
STAMPS, AND MEDICAID in ACCORDANCE WITH section 5101.161 of the 16,350
Revised Code.
(1). Except as provided in division (B)(2)(C) of this 16,353
section for calendar year 1997 and each calendar year thereafter, 16,354
a county's share of THOSE public assistance expenditures is the 16,355
sum of ALL OF the county's shares determined under divisions (C), 16,356
(D)(1), and (D)(2) of this section. 16,358
(2) A county's share of public assistance expenditures for 16,360
a calendar year shall not exceed one hundred ten per cent of the 16,362
county's share of public assistance expenditures for the
immediately preceding calendar year. If a county's share 16,363
determined under division (B)(1) of this section exceeds this 16,365
limit, the department of human services shall reduce each of the 16,366
county's shares determined under divisions (C), (D)(1), and 16,367
(D)(2) of this section so that the total of those county shares 16,370
equals one hundred ten per cent of the county's share of public 16,371
assistance expenditures for the immediately preceding calendar 16,372
year.
(C) For calendar FOLLOWING FOR STATE FISCAL year 1997 1998 16,375
and each calendar STATE FISCAL year thereafter, a county's share 16,377
of expenditures for aid to dependent children and county 16,379
administration of aid to dependent children, food stamps, and 16,380
medicaid is an amount equal to ten per cent, or other percentage 16,381
determined under division (E) of this section, of the amount of 16,383
such expenditures that is chargeable to the county for the state 16,384
fiscal year that ended in the previous calendar year less the 16,385
amount of federal reimbursement credited to the county for such 16,386
expenditures under division (F) of this section for the state 16,387
fiscal year that ended the previous calendar year. 16,388
(D)(1) For calendar year 1997 and each calendar year 16,390
thereafter, a county's share of expenditures for disability 16,391
assistance is an amount equal to: 16,393
403
(1) THE AMOUNT THAT IS twenty-five per cent of the amount 16,395
of such COUNTY'S TOTAL expenditures chargeable to the county for 16,398
DISABILITY ASSISTANCE AND COUNTY ADMINISTRATION OF DISABILITY 16,399
ASSISTANCE DURING the state fiscal year that ended ENDING in the 16,401
previous calendar year THAT THE DEPARTMENT OF HUMAN SERVICES
DETERMINES ARE ALLOWABLE. 16,402
(2) For calendar year 1997 and each calendar year 16,404
thereafter, a county's share of expenditures for county 16,406
administration of disability assistance is an THE amount equal to 16,408
twenty-five THAT IS TEN per cent, OR OTHER PERCENTAGE DETERMINED 16,409
UNDER DIVISION (D) OF THIS SECTION, of the COUNTY'S total amount 16,410
the county, EXPENDITURES FOR COUNTY ADMINISTRATION OF FOOD STAMPS 16,411
AND MEDICAID during the state fiscal year that ended ENDING in 16,412
the previous calendar year, spent for such expenditures that the 16,414
department determines are allowable administrative expenditures, 16,415
LESS THE AMOUNT OF FEDERAL REIMBURSEMENT CREDITED TO THE COUNTY 16,417
UNDER DIVISION (E) OF THIS SECTION FOR THE STATE FISCAL YEAR 16,418
ENDING IN THE PREVIOUS CALENDAR YEAR;
(3)(a) EXCEPT AS PROVIDED IN DIVISION (B)(3)(b) OF THIS 16,421
SECTION, THE ACTUAL AMOUNT, AS DETERMINED BY THE DEPARTMENT OF 16,422
HUMAN SERVICES FROM EXPENDITURE REPORTS SUBMITTED TO THE UNITED 16,423
STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES, OF THE COUNTY 16,424
SHARE OF PROGRAM AND ADMINISTRATIVE EXPENDITURES DURING FEDERAL 16,425
FISCAL YEAR 1994 FOR ASSISTANCE AND SERVICES, OTHER THAN CHILD 16,426
DAY-CARE, PROVIDED UNDER TITLES IV-A AND IV-F OF THE "SOCIAL 16,428
SECURITY ACT," 49 STAT. 620 (1935), 42 U.S.C. 301, AS THOSE 16,429
TITLES EXISTED PRIOR TO THE ENACTMENT OF THE "PERSONAL 16,431
RESPONSIBILITY AND WORK OPPORTUNITY RECONCILIATION ACT OF 1996," 16,432
110 STAT. 2105. 16,433
(b) FOR STATE FISCAL YEARS 1998 AND 1999, EIGHTY PER CENT 16,436
OF THE AMOUNT DETERMINED UNDER DIVISION (B)(3)(a) OF THIS 16,437
SECTION.
(C)(1) IF A COUNTY'S SHARE OF PUBLIC ASSISTANCE 16,439
EXPENDITURES DETERMINED UNDER DIVISION (B) OF THIS SECTION FOR A 16,441
404
STATE FISCAL YEAR EXCEEDS ONE HUNDRED TEN PER CENT OF THE 16,442
COUNTY'S SHARE FOR THOSE EXPENDITURES FOR THE IMMEDIATELY 16,443
PRECEDING STATE FISCAL YEAR, THE DEPARTMENT OF HUMAN SERVICES 16,444
SHALL REDUCE THE COUNTY'S SHARE FOR EXPENDITURES UNDER DIVISIONS
(B)(1) AND (2) OF THIS SECTION SO THAT THE TOTAL OF THE COUNTY'S 16,445
SHARE FOR EXPENDITURES UNDER DIVISION (B) OF THIS SECTION EQUALS 16,446
ONE HUNDRED TEN PER CENT OF THE COUNTY'S SHARE OF THOSE 16,447
EXPENDITURES FOR THE IMMEDIATELY PRECEDING STATE FISCAL YEAR. 16,448
(2) A COUNTY'S SHARE OF PUBLIC ASSISTANCE EXPENDITURES 16,450
DETERMINED UNDER DIVISION (B) OF THIS SECTION MAY BE INCREASED 16,451
PURSUANT TO A SANCTION UNDER SECTION 5101.24 OF THE REVISED CODE. 16,453
(E)(D)(1) If the per capita tax duplicate of a county is 16,456
less than the per capita tax duplicate of the state as a whole 16,457
and division (E)(D)(2) of this section does not apply to the 16,458
county, the percentage to be used for the purpose of division 16,461
(C)(B)(2) of this section is the product of ten multiplied by a 16,462
fraction of which the numerator is the per capita tax duplicate 16,463
of the county and the denominator is the per capita tax duplicate 16,464
of the state as a whole. The department of human services shall 16,465
compute the per capita tax duplicate for the state and for each 16,466
county by dividing the tax duplicate for the most recent 16,467
available year by the current estimate of population prepared by 16,468
the department of development. 16,469
(2) If the percentage of families in a county with an 16,471
annual income of less than three thousand dollars is greater than 16,472
the percentage of such families in the state and division 16,474
(E)(D)(1) of this section does not apply to the county, the 16,475
percentage to be used for the purpose of division (C)(B)(2) of 16,476
this section is the product of ten multiplied by a fraction of 16,477
which the numerator is the percentage of families in the state 16,478
with an annual income of less than three thousand dollars a year 16,479
and the denominator is the percentage of such families in the 16,480
county. The department of human services shall compute the 16,481
percentage of families with an annual income of less than three 16,482
405
thousand dollars for the state and for each county by multiplying 16,485
the most recent estimate of such families published by the 16,486
department of development, by a fraction, the numerator of which 16,487
is the estimate of average annual personal income published by 16,488
the bureau of economic analysis of the United States department 16,489
of commerce for the year on which the census estimate is based 16,490
and the denominator of which is the most recent such estimate 16,491
published by the bureau.
(3) If divisions (E)(1) and (E)(2) of this section apply 16,494
to the PER CAPITA TAX DUPLICATE OF A county IS LESS THAN THE PER 16,495
CAPITA TAX DUPLICATE OF THE STATE AS A WHOLE AND THE PERCENTAGE 16,496
OF FAMILIES IN THE COUNTY WITH AN ANNUAL INCOME OF LESS THAN 16,497
THREE THOUSAND DOLLARS IS GREATER THAN THE PERCENTAGE OF SUCH
FAMILIES IN THE STATE, the percentage to be used for the purpose 16,499
of division (C)(B)(2) of this section shall be determined as 16,500
follows: 16,501
(a) Multiply ten by the fraction determined under division 16,505
(E)(D)(1) of this section;
(b) Multiply the product determined under division 16,509
(E)(D)(3)(a) of this section by the fraction determined under 16,510
division (E)(D)(2) of this section. 16,511
(4) The department of human services shall determine, for 16,513
each county, the percentage to be used for the purpose of 16,515
division (C)(B)(2) of this section not later than the first day 16,517
of July of the year preceding the calendar STATE FISCAL year for 16,518
which the percentage is used.
(F)(E) The department of human services shall credit to a 16,520
county the amount of federal reimbursement the department 16,522
receives from the United States department of health and human 16,523
services for the county's total gross expenditures for aid to 16,524
dependent children, less the amount of any canceled or voided 16,525
warrants for aid to dependent children. The department shall 16,526
credit to a county the amount of federal reimbursement the 16,527
department receives from the United States department DEPARTMENTS 16,529
406
of AGRICULTURE AND health and human services for the county's 16,531
expenditures for administration of aid to dependent children, 16,532
food stamps, and medicaid that the department determines are 16,533
allowable administrative expenditures. 16,534
(G)(F) The department of human services may SHALL adopt 16,537
rules in accordance with section 111.15 of the Revised Code to 16,540
implement this section. If the department adopts such rules, the 16,541
rules shall specify the ESTABLISH ALL OF THE FOLLOWING: 16,542
(1) THE method the department is to use to reduce CHANGE a 16,546
county's shares SHARE OF PUBLIC ASSISTANCE EXPENDITURES 16,547
determined under divisions (C), (D)(1), and (D)(2) DIVISION (B) 16,550
of this section for the purpose of AS PROVIDED IN division 16,552
(B)(2)(C) of this section; 16,553
(2) THE ALLOCATION METHODOLOGY AND FORMULA THE DEPARTMENT 16,555
WILL USE TO DETERMINE THE AMOUNT OF FUNDS TO CREDIT TO A COUNTY 16,556
UNDER THIS SECTION; 16,557
(3) THE METHOD THE DEPARTMENT WILL USE TO CHANGE THE 16,559
PAYMENT OF THE COUNTY SHARE OF PUBLIC ASSISTANCE EXPENDITURES 16,560
FROM A CALENDAR-YEAR BASIS TO A STATE FISCAL YEAR BASIS; 16,561
(4) OTHER PROCEDURES AND REQUIREMENTS NECESSARY TO 16,563
IMPLEMENT THIS SECTION. 16,564
Sec. 5101.161. Prior AS USED IN THIS SECTION, "PUBLIC 16,573
ASSISTANCE EXPENDITURES" MEANS EXPENDITURES FOR DISABILITY 16,575
ASSISTANCE, OHIO WORKS FIRST, AND COUNTY ADMINISTRATION OF 16,576
DISABILITY ASSISTANCE, OHIO WORKS FIRST, FOOD STAMPS, AND 16,577
MEDICAID.
PRIOR to the sixteenth day of December MAY annually, the 16,580
department of human services shall certify to the board of county 16,581
commissioners of each county the amount estimated by the 16,582
department to be needed in the following calendar STATE FISCAL 16,583
year to meet the county share, as determined under division (B) 16,585
of section 5101.16 of the Revised Code, of public assistance 16,586
expenditures. At the beginning of the calendar STATE FISCAL 16,587
year, the board of county commissioners shall appropriate the 16,589
407
amount certified by the department for the current calendar STATE 16,590
FISCAL year, reduced or increased by the amount of the adjusted 16,592
balance or deficit in the public assistance fund at the end of 16,593
the preceding calendar STATE FISCAL year as determined by 16,595
department of human services THE DEPARTMENT'S rules. The 16,596
attorney general shall bring mandamus proceedings IN THE FRANKLIN 16,597
COUNTY COURT OF APPEALS against any board which fails to make 16,599
such an appropriation and timely transfer to the public 16,600
assistance fund as directed by department of human services 16,601
rules.
The department of human services shall divide each calendar 16,604
year into quarterly or more frequent payment periods for the 16,606
purpose of paying counties the state and federal share of public 16,608
assistance expenditures. Before the beginning of each payment 16,610
period THE DEPARTMENT ESTABLISHES BY RULE, the department shall 16,611
pay a county the estimated state and federal share of the 16,613
county's public assistance expenditures for the payment period 16,615
about to begin increased or decreased by the amount the 16,617
department underpaid or overpaid the county for the most recent 16,618
payment period for which it is known that THE DEPARTMENT KNOWS an 16,620
underpayment or overpayment was made.
If the department establishes a maximum amount that IT WILL 16,622
REIMBURSE a county may spend for aid to dependent children or 16,623
county administration of aid to dependent children, food stamps, 16,624
or medicaid PUBLIC ASSISTANCE EXPENDITURES and a county spends 16,625
more for such an expenditure than is allowed REIMBURSABLE, the 16,626
department shall not pay the county a state OR FEDERAL share for 16,627
the amount of the expenditure that exceeds the maximum allowable 16,628
REIMBURSEMENT amount. COUNTY EXPENDITURES THAT EXCEED THE 16,629
MAXIMUM ALLOWABLE REIMBURSEMENT AMOUNT SHALL NOT BE CREDITED TO A 16,630
COUNTY'S SHARE OF PUBLIC ASSISTANCE EXPENDITURES UNDER SECTION 16,631
5101.16 OF THE REVISED CODE. The department also shall not pay a 16,632
county a state OR FEDERAL share for an administrative expenditure 16,633
that is not allowed by the department. 16,635
408
A county shall deposit all funds appropriated by a board of 16,637
county commissioners and received from the department of human 16,639
services under this section in a special fund in the county 16,641
treasury known as the public assistance fund. A county shall 16,643
make payments for public assistance expenditures from the public 16,644
assistance fund.
The department of human services may SHALL adopt INTERNAL 16,646
MANAGEMENT rules in accordance with section 111.15 of the Revised 16,648
Code to implement this section. If the department adopts such 16,650
rules, the rules shall do all of the following: 16,651
(A) Establish the method by which the department is to 16,654
make payments to counties under this section;
(B) Establish procedures for payment by counties of the 16,657
county share of PUBLIC ASSISTANCE expenditures for disability
assistance benefits; 16,658
(C) ESTABLISH THE METHOD BY WHICH THE DEPARTMENT WILL 16,660
DETERMINE THE AMOUNT OF THE ADJUSTED BALANCE OR DEFICIT IN A 16,661
COUNTY'S PUBLIC ASSISTANCE FUND AT THE END OF A STATE FISCAL 16,662
YEAR;
(D) ESTABLISH PAYMENT PERIODS FOR PAYING A COUNTY ITS 16,664
ESTIMATED STATE AND FEDERAL SHARE OF PUBLIC ASSISTANCE 16,665
EXPENDITURES; 16,666
(E) Allow county departments of human services to use the 16,668
public assistance fund for other purposes and programs similar to 16,669
the purposes and programs specified in this section. 16,670
THE DEPARTMENT MAY ADOPT INTERNAL MANAGEMENT RULES IN 16,672
ACCORDANCE WITH SECTION 111.15 OF THE REVISED CODE TO ESTABLISH A 16,674
MAXIMUM AMOUNT THAT IT WILL REIMBURSE A COUNTY FOR PUBLIC
ASSISTANCE EXPENDITURES. 16,675
Sec. 5101.18. (A) The director WHEN THE DEPARTMENT of 16,684
human services ADOPTS RULES UNDER SECTION 5107.13 REGARDING 16,685
INCOME REQUIREMENTS FOR THE WORK COMPONENT OF THE OHIO WORKS 16,687
FIRST PROGRAM AND UNDER SECTION 5115.05 OF THE REVISED CODE 16,690
REGARDING INCOME AND RESOURCE REQUIREMENTS FOR THE DISABILITY 16,691
409
ASSISTANCE PROGRAM, THE DEPARTMENT shall determine what payments 16,692
to any individual applying for or receiving aid under Chapter 16,694
5107. or 5115. of the Revised Code shall be regarded as income or 16,696
resources OR DISREGARDED. In making this determination, the 16,697
director DEPARTMENT shall consider:
(1) The source of the payment; 16,699
(2) The amount of the payment; 16,701
(3) The purpose for which the payment was made; 16,703
(4) Whether regarding the payment as income would be in 16,705
the public interest. 16,706
(B) The director also shall take into consideration 16,708
whether; 16,709
(5) WHETHER treating the payment as income would be 16,711
detrimental to any of the programs administered in whole or in 16,713
part by the department of human services and whether such 16,714
determination would jeopardize the receipt of any federal grant 16,715
or payment by the state or any receipt of aid under Chapter 5107. 16,716
of the Revised Code. The director shall establish such rules as 16,717
are necessary for carrying out this section and shall revise such 16,718
rules at such times as he finds it necessary. 16,719
(B) Any recipient of aid PARTICIPANT IN THE WORK COMPONENT 16,722
OF THE OHIO WORKS FIRST PROGRAM ESTABLISHED under Chapter 5107. 16,723
of the Revised Code or RECIPIENT OF AID UNDER Title XVI of the 16,724
"Social Security Act," 49 Stat. 620 (1935), 42 U.S.C. 301, as 16,726
amended, whose money payment is discontinued as the result of a 16,727
general increase in old-age, survivors, and disability insurance 16,728
benefits under such act, shall remain a PARTICIPANT OR recipient 16,729
of aid for the purpose of receiving medical assistance through 16,731
the medical assistance program established under section 5111.01 16,732
of the Revised Code.
Sec. 5101.181. (A) As used in this section and section 16,741
5101.182 of the Revised Code, "public assistance" includes, in 16,742
addition to aid to dependent children OHIO WORKS FIRST, medicaid, 16,743
and disability assistance, general assistance provided prior to 16,745
410
the effective date of this amendment JULY 17, 1995, under former 16,746
Chapter 5113. of the Revised Code. 16,747
(B) As part of the procedure for the determination of 16,750
overpayment to a recipient of public assistance under Chapter 16,751
5107., 5111., or 5115. of the Revised Code, the director of human 16,752
services shall furnish quarterly the name and social security 16,753
number of each individual who receives public assistance to the 16,754
director of administrative services, the administrator of the 16,755
bureau of workers' compensation, and each of the state's 16,756
retirement boards. Within fourteen days after receiving the name 16,757
and social security number of an individual who receives public 16,758
assistance, the director of administrative services, 16,759
administrator, or board shall inform the auditor of state as to 16,760
whether such individual is receiving wages or benefits, the 16,761
amount of any wages or benefits being received, the social 16,762
security number, and the address of the individual. The director 16,763
of administrative services, administrator, boards, and any agent 16,764
or employee of those officials and boards shall comply with the 16,765
rules of the department of human services restricting the 16,766
disclosure of information regarding recipients of public
assistance. Any person who violates this provision shall 16,767
thereafter be disqualified from acting as an agent or employee or 16,768
in any other capacity under appointment or employment of any 16,769
state board, commission, or agency. 16,770
(C) The auditor of state may enter into a reciprocal 16,772
agreement with the director of human services or comparable 16,773
officer of any other state for the exchange of names, current or 16,774
most recent addresses, or social security numbers of persons 16,775
receiving public assistance under part A of Title IV IV-A or 16,777
under Title XIX of the "Social Security Act," 49 Stat. 620 16,778
(1935), 42 U.S.C. 301, as amended. 16,779
(D)(1) The auditor of state shall retain, for not less 16,781
than two years, at least one copy of all information received 16,783
under this section and sections 145.27, 742.41, 3307.21, 3309.22, 16,784
411
4123.27, 5101.182, and 5505.04 of the Revised Code. The auditor 16,785
shall review the information to determine whether overpayments 16,786
were made to recipients of public assistance under Chapters 16,787
5107., 5111., and 5115. of the Revised Code. The auditor of 16,788
state shall initiate action leading to prosecution, where 16,789
warranted, of recipients who received overpayments by forwarding 16,790
the name of each recipient who received overpayment, together 16,791
with other pertinent information, to the director of human 16,792
services and the attorney general, to the district director of 16,793
human services of the district through which public assistance 16,794
was received, and to the county director of human services and 16,795
county prosecutor of the county through which public assistance 16,796
was received.
(2) The auditor of state and the attorney general or their 16,798
designees may examine any records, whether in computer or printed 16,799
format, in the possession of the director of human services or 16,800
any county director of human services. They shall provide 16,801
safeguards which restrict access to such records to purposes 16,802
directly connected with an audit or investigation, prosecution, 16,803
or criminal or civil proceeding conducted in connection with the 16,804
administration of the programs and shall comply with the rules of 16,805
the department of human services restricting the disclosure of 16,806
information regarding recipients of public assistance. Any 16,807
person who violates this provision shall thereafter be 16,808
disqualified from acting as an agent or employee or in any other 16,809
capacity under appointment or employment of any state board, 16,810
commission, or agency. 16,811
(3) Costs incurred by the auditor of state in carrying out 16,813
his THE AUDITOR OF STATE'S duties under this division shall be 16,814
borne by the auditor of state. 16,816
Sec. 5101.183. (A) The department of human services, in 16,825
accordance with section 111.15 of the Revised Code, may adopt 16,826
rules under which county departments of human services or county 16,827
PUBLIC children services boards AGENCIES shall take action to 16,829
412
recover the cost of social services provided to any of the 16,831
following:
(1) Persons who were not eligible for social services but 16,833
who secured social services through fraud or misrepresentation; 16,834
(2) Persons who were eligible for social services but who 16,836
intentionally diverted the services to other persons who were not 16,837
eligible for the services. 16,838
(B) A county department of human services or county PUBLIC 16,840
children services board AGENCY may bring a civil action against a 16,842
recipient of social services to recover any costs described in 16,843
division (A) of this section. In seeking to recover those costs, 16,844
the department or board shall not terminate or reduce social 16,845
services to any person who is entitled to them. 16,846
(C) A county department of human services or county PUBLIC 16,848
children services board AGENCY shall retain any money it recovers 16,850
under division (A) of this section and shall use the money for 16,851
the provision of social services, except that, if federal law 16,852
requires the state department of human services to return any 16,853
portion of the money so recovered to the federal government, the 16,854
county department or county board AGENCY shall pay that portion 16,855
to the state department. 16,856
Sec. 5101.21. (A) AS USED IN SECTIONS 5101.21 TO 5101.25 16,859
OF THE REVISED CODE, "COUNTY SOCIAL SERVICE AGENCY" AND "SOCIAL 16,860
SERVICE DUTY" HAVE THE SAME MEANINGS AS IN SECTION 307.981 OF THE 16,861
REVISED CODE.
(B) THE DIRECTOR OF HUMAN SERVICES SHALL ENTER INTO A 16,864
WRITTEN PARTNERSHIP AGREEMENT WITH EACH BOARD OF COUNTY 16,865
COMMISSIONERS REGARDING THE ADMINISTRATION AND DESIGN OF THE OHIO 16,866
WORKS FIRST PROGRAM ESTABLISHED UNDER CHAPTER 5107. OF THE 16,867
REVISED CODE, DUTIES ASSUMED BY A COUNTY DEPARTMENT OF HUMAN
SERVICES PURSUANT TO AN AGREEMENT ENTERED INTO UNDER SECTION 16,868
329.05 OF THE REVISED CODE, AND OTHER COUNTY DEPARTMENT OF HUMAN 16,870
SERVICES' DUTIES THAT THE DIRECTOR AND BOARD MUTUALLY AGREE TO 16,872
INCLUDE IN THE AGREEMENT. THE DIRECTOR AND BOARD MAY INCLUDE IN 16,873
413
THE PARTNERSHIP AGREEMENT PROVISIONS REGARDING THE ADMINISTRATION 16,874
AND DESIGN OF THE DUTIES OF CHILD SUPPORT ENFORCEMENT AGENCIES
AND PUBLIC CHILDREN SERVICES AGENCIES INCLUDED IN A PLAN OF 16,875
COOPERATION ENTERED INTO UNDER SECTION 307.983 OF THE REVISED 16,876
CODE THAT THE DIRECTOR AND BOARD MUTUALLY AGREE TO INCLUDE IN THE 16,877
AGREEMENT. SOCIAL SERVICE DUTIES INCLUDED IN THE AGREEMENT SHALL 16,878
BE VESTED IN THE BOARD. THE AGREEMENT SHALL COMPLY WITH FEDERAL 16,879
STATUTES AND REGULATIONS, STATE STATUTES, AND, EXCEPT AS PROVIDED
IN DIVISION (B)(9) OF THIS SECTION, STATE RULES GOVERNING THE 16,881
SOCIAL SERVICE DUTIES INCLUDED IN THE AGREEMENT. 16,882
A PARTNERSHIP AGREEMENT SHALL INCLUDE RESPONSIBILITIES THAT 16,885
THE STATE DEPARTMENT OF HUMAN SERVICES AND COUNTY SOCIAL SERVICE 16,886
AGENCIES ADMINISTERING SOCIAL SERVICE DUTIES INCLUDED IN THE 16,887
AGREEMENT MUST SATISFY. THE AGREEMENT SHALL ESTABLISH, SPECIFY, 16,888
OR PROVIDE FOR ALL OF THE FOLLOWING:
(1) REQUIREMENTS GOVERNING THE ADMINISTRATION AND DESIGN 16,890
OF, AND COUNTY SOCIAL SERVICE AGENCIES' COOPERATION TO ENHANCE, 16,891
SOCIAL SERVICE DUTIES INCLUDED IN THE AGREEMENT; 16,892
(2) OUTCOMES THAT COUNTY SOCIAL SERVICE AGENCIES ARE 16,894
EXPECTED TO ACHIEVE FROM THE ADMINISTRATION AND DESIGN OF SOCIAL 16,895
SERVICE DUTIES INCLUDED IN THE AGREEMENT AND ASSISTANCE, 16,896
SERVICES, AND TECHNICAL SUPPORT THE STATE DEPARTMENT WILL PROVIDE 16,898
THE COUNTY SOCIAL SERVICE AGENCIES TO AID THE AGENCIES IN 16,899
ACHIEVING THE EXPECTED OUTCOMES;
(3) PERFORMANCE STANDARDS COUNTY SOCIAL SERVICE AGENCIES 16,901
ARE REQUIRED TO MEET IN THE ADMINISTRATION AND DESIGN OF SOCIAL 16,902
SERVICE DUTIES INCLUDED IN THE AGREEMENT AND ASSISTANCE, 16,903
SERVICES, AND TECHNICAL SUPPORT THE STATE DEPARTMENT WILL PROVIDE 16,905
THE COUNTY SOCIAL SERVICE AGENCIES TO AID THE AGENCIES IN MEETING 16,906
THE PERFORMANCE STANDARDS;
(4) CRITERIA AND METHODOLOGY THE STATE DEPARTMENT WILL USE 16,909
TO EVALUATE WHETHER EXPECTED OUTCOMES ARE ACHIEVED AND
PERFORMANCE STANDARDS ARE MET AND COUNTY SOCIAL SERVICE AGENCIES 16,910
WILL USE TO EVALUATE WHETHER THE STATE DEPARTMENT IS PROVIDING 16,911
414
AGREED UPON ASSISTANCE, SERVICES, AND TECHNICAL SUPPORT; 16,912
(5) ANNUAL FINANCIAL, ADMINISTRATIVE, OR OTHER INCENTIVE 16,915
AWARDS, IF ANY, TO BE PROVIDED IN ACCORDANCE WITH SECTION 5101.23 16,917
OF THE REVISED CODE FOR EXCEEDING PERFORMANCE STANDARDS; 16,919
(6) THE STATE DEPARTMENT TAKING ACTION AGAINST A COUNTY 16,921
SOCIAL SERVICE AGENCY PURSUANT TO DIVISION (B) OF SECTION 5101.24 16,923
OF THE REVISED CODE IF DIVISION (A)(1), (2), OR (3) OF THAT 16,926
SECTION APPLIES TO THE AGENCY; 16,927
(7) THE FUNDING OF SOCIAL SERVICE DUTIES INCLUDED IN THE 16,929
AGREEMENT AND WHETHER THE STATE DEPARTMENT WILL PROVIDE FUNDING 16,930
FOR TWO OR MORE COUNTY DEPARTMENT OF HUMAN SERVICES' DUTIES 16,931
INCLUDED IN THE AGREEMENT PURSUANT TO A COMBINED FUNDING 16,932
ALLOCATION UNDER DIVISION (C) OF THIS SECTION. THE AGREEMENT 16,934
SHALL EITHER SPECIFY THE AMOUNT OF PAYMENTS TO BE MADE FOR THE 16,935
SOCIAL SERVICE DUTIES INCLUDED IN THE AGREEMENT OR THE METHOD 16,936
THAT WILL BE USED TO DETERMINE THE AMOUNT OF PAYMENTS. 16,937
(8) AUDITS REQUIRED BY FEDERAL STATUTES AND REGULATIONS 16,939
AND STATE LAW AND REQUIREMENTS FOR PROMPT RELEASE OF AUDIT 16,940
FINDINGS AND PROMPT ACTION TO CORRECT PROBLEMS IDENTIFIED IN AN 16,941
AUDIT; 16,942
(9) WHICH, IF ANY, OF THE STATE DEPARTMENT'S RULES WILL BE 16,945
WAIVED SO THAT A POLICY PROVIDED FOR IN THE AGREEMENT MAY BE
IMPLEMENTED; 16,946
(10) THE METHOD OF AMENDING OR TERMINATING THE AGREEMENT 16,948
AND AN EXPEDITED PROCESS FOR CORRECTING TERMS OR CONDITIONS OF 16,949
THE AGREEMENT THAT THE DIRECTOR AND BOARD AGREE ARE ERRONEOUS; 16,951
(11) DISPUTE RESOLUTION PROCEDURES FOR ANTICIPATED AND 16,953
UNANTICIPATED DISPUTES. THE AGREEMENT MAY ESTABLISH DIFFERENT 16,954
DISPUTE RESOLUTION PROCEDURES FOR DIFFERENT TYPES OF DISPUTES. 16,955
DISPUTE RESOLUTION PROCEDURES MAY INCLUDE NEGOTIATION, MEDIATION, 16,957
ARBITRATION, ADJUDICATION CONDUCTED BY A HEARING OFFICER OR 16,958
FACT-FINDING PANEL, AND OTHER PROCEDURES.
(12) THE DATE THE AGREEMENT IS TO COMMENCE OR END. AN 16,960
AGREEMENT MAY NOT COMMENCE BEFORE IT IS ENTERED INTO NOR END 16,961
415
LATER THAN THE LAST DAY OF THE STATE FISCAL BIENNIUM FOR WHICH IT 16,963
IS ENTERED INTO.
(13) OTHER PROVISIONS DETERMINED NECESSARY BY THE STATE 16,965
DEPARTMENT AND THE COUNTY SOCIAL SERVICES AGENCY. 16,966
(C) THE STATE DEPARTMENT SHALL MAKE PAYMENTS AUTHORIZED BY 16,969
A PARTNERSHIP AGREEMENT ON VOUCHERS IT PREPARES AND MAY INCLUDE 16,971
ANY FUNDS APPROPRIATED OR ALLOCATED TO IT FOR CARRYING OUT SOCIAL 16,972
SERVICE DUTIES VESTED IN THE BOARD OF COUNTY COMMISSIONERS UNDER 16,973
THE AGREEMENT, INCLUDING FUNDS FOR PERSONAL SERVICES AND 16,974
MAINTENANCE.
TO THE EXTENT PRACTICABLE AND NOT IN CONFLICT WITH FEDERAL 16,976
STATUTES OR REGULATIONS, STATE LAW, OR AN APPROPRIATION MADE BY 16,978
THE GENERAL ASSEMBLY, THE DEPARTMENT MAY ESTABLISH A CONSOLIDATED 16,979
FUNDING ALLOCATION FOR TWO OR MORE OF A COUNTY DEPARTMENT OF 16,980
HUMAN SERVICES' DUTIES INCLUDED IN THE AGREEMENT. A COUNTY 16,981
DEPARTMENT OF HUMAN SERVICES SHALL USE FUNDS AVAILABLE IN A 16,982
CONSOLIDATED FUNDING ALLOCATION ONLY FOR THE PURPOSE FOR WHICH
THE FUNDS WERE APPROPRIATED. 16,983
(D) THE DIRECTOR OF HUMAN SERVICES MAY ENTER INTO 16,986
PARTNERSHIP AGREEMENTS WITH ONE OR MORE BOARDS OF COUNTY 16,987
COMMISSIONERS AT A TIME BUT AN AGREEMENT MUST BE ENTERED INTO 16,988
WITH EACH BOARD NOT LATER THAN JANUARY 1, 2000. UNTIL A 16,989
PARTNERSHIP AGREEMENT WITH A BOARD IS ENTERED INTO AND 16,990
IMPLEMENTED, A COUNTY SOCIAL SERVICE AGENCY SERVING THE COUNTY 16,991
THAT THE BOARD SERVES SHALL PERFORM ITS SOCIAL SERVICE DUTIES IN 16,992
THE MANNER THEY ARE PERFORMED ON THE EFFECTIVE DATE OF THIS 16,993
SECTION WITH THE EXCEPTION THAT A COUNTY SOCIAL SERVICES AGENCY 16,994
MAY IMPLEMENT CHANGES AUTHORIZED BY FEDERAL STATUTES OR 16,995
REGULATIONS, STATE STATUTES, OR STATE DEPARTMENT RULES. 16,996
Sec. 5101.211. THE DIRECTOR OF HUMAN SERVICES MAY ENTER 16,998
INTO A WRITTEN AGREEMENT WITH ONE OR MORE STATE AGENCIES, AS 16,999
DEFINED IN SECTION 117.01 OF THE REVISED CODE, AND STATE 17,001
UNIVERSITIES AND COLLEGES TO ASSIST IN THE COORDINATION, 17,002
PROVISION, OR ENHANCEMENT OF THE SOCIAL SERVICE DUTIES OF A 17,003
416
COUNTY SOCIAL SERVICE AGENCY. THE DIRECTOR ALSO MAY ENTER INTO 17,004
WRITTEN AGREEMENTS OR CONTRACTS WITH, OR ISSUE GRANTS TO, PRIVATE 17,005
AND GOVERNMENT ENTITIES UNDER WHICH FUNDS ARE PROVIDED FOR THE 17,006
ENHANCEMENT OR INNOVATION OF HUMAN SERVICE ACTIVITIES ON THE 17,007
STATE OR LOCAL LEVEL. THE TERMS OF AN AGREEMENT, CONTRACT, OR 17,008
GRANT UNDER THIS SECTION MAY BE INCORPORATED INTO A PARTNERSHIP 17,009
AGREEMENT THE DIRECTOR ENTERS INTO WITH A BOARD OF COUNTY 17,010
COMMISSIONERS UNDER SECTION 5101.21 OF THE REVISED CODE, IF THE 17,013
DIRECTOR AND BOARD AND STATE AGENCY, STATE UNIVERSITY OR COLLEGE, 17,014
OR PRIVATE OR GOVERNMENT ENTITY AGREE. 17,015
Sec. 5101.212. IF THE DIRECTOR OF HUMAN SERVICES ENTERS 17,017
INTO AN AGREEMENT OR CONTRACTS WITH, OR ISSUES A GRANT TO, A 17,018
RELIGIOUS ORGANIZATION UNDER SECTION 5101.211 OF THE REVISED 17,021
CODE, THE RELIGIOUS ORGANIZATION SHALL COMPLY WITH SECTION 104 OF 17,022
THE PERSONAL RESPONSIBILITY AND WORK OPPORTUNITY AND 17,027
RECONCILIATION ACT OF 1996 (P.L. 104-193). 17,030
Sec. 5101.22. THE DEPARTMENT OF HUMAN SERVICES MAY 17,032
ESTABLISH PERFORMANCE STANDARDS FOR THE ADMINISTRATION OF SOCIAL 17,033
SERVICE DUTIES AND DETERMINE AT INTERVALS THE DEPARTMENT DECIDES 17,035
THE DEGREE TO WHICH A COUNTY SOCIAL SERVICE AGENCY COMPLIES WITH 17,036
A PERFORMANCE STANDARD. THE DEPARTMENT MAY USE STATISTICAL 17,037
SAMPLING, PERFORMANCE AUDITS, CASE REVIEWS, OR OTHER METHODS IT 17,038
DETERMINES NECESSARY AND APPROPRIATE TO DETERMINE COMPLIANCE WITH 17,039
PERFORMANCE STANDARDS.
A PERFORMANCE STANDARD ESTABLISHED UNDER THIS SECTION FOR A 17,042
SOCIAL SERVICE DUTY DOES NOT APPLY TO A COUNTY SOCIAL SERVICE
AGENCY ADMINISTERING THE DUTY IF A DIFFERENT PERFORMANCE STANDARD 17,044
IS SPECIFIED FOR THE AGENCY'S ADMINISTRATION OF THE DUTY PURSUANT 17,045
TO A PARTNERSHIP AGREEMENT ENTERED INTO UNDER SECTION 5101.21 OF 17,046
THE REVISED CODE. 17,047
Sec. 5101.23. SUBJECT TO THE AVAILABILITY OF FUNDS, THE 17,049
DEPARTMENT OF HUMAN SERVICES MAY PROVIDE ANNUAL FINANCIAL, 17,050
ADMINISTRATIVE, OR OTHER INCENTIVE AWARDS TO COUNTY SOCIAL 17,051
SERVICE AGENCIES THAT EXCEED PERFORMANCE STANDARDS SPECIFIED IN A 17,053
417
PARTNERSHIP AGREEMENT ENTERED INTO UNDER SECTION 5101.21 OR
ESTABLISHED UNDER SECTION 5101.22 OF THE REVISED CODE. THE 17,054
AMOUNT OF A FINANCIAL INCENTIVE AWARD SHALL BE BASED ON THE 17,055
DEGREE TO WHICH A COUNTY SOCIAL SERVICE AGENCY EXCEEDS A 17,056
PERFORMANCE STANDARD AND THE AMOUNT OF MONEY AVAILABLE IN THE 17,057
SOCIAL SERVICES INCENTIVE FUND ESTABLISHED UNDER THIS SECTION. A 17,058
COUNTY SOCIAL SERVICE AGENCY MAY SPEND FUNDS PROVIDED AS A 17,059
FINANCIAL INCENTIVE AWARD ONLY FOR THE PURPOSE FOR WHICH THE 17,060
FUNDS ARE APPROPRIATED.
THERE IS HEREBY CREATED IN THE STATE TREASURY THE SOCIAL 17,062
SERVICES INCENTIVE FUND. THE DIRECTOR OF HUMAN SERVICES MAY 17,063
REQUEST THAT THE DIRECTOR OF BUDGET AND MANAGEMENT TRANSFER FUNDS 17,065
IN THE OHIO WORKS FIRST RESERVE FUND CREATED UNDER SECTION
5107.06 OF THE REVISED CODE AND OTHER FUNDS APPROPRIATED FOR 17,066
SOCIAL SERVICE DUTIES INTO THE FUND. IF THE DIRECTOR OF BUDGET 17,068
AND MANAGEMENT DETERMINES THAT THE FUNDS IDENTIFIED BY THE 17,069
DIRECTOR OF HUMAN SERVICES ARE AVAILABLE AND APPROPRIATE FOR 17,070
TRANSFER, THE DIRECTOR OF BUDGET AND MANAGEMENT SHALL MAKE THE 17,071
TRANSFER. MONEY IN THE FUND SHALL BE USED TO PROVIDE INCENTIVE 17,072
AWARDS UNDER THIS SECTION.
Sec. 5101.24. (A) THE DEPARTMENT OF HUMAN SERVICES MAY 17,074
TAKE ACTION AGAINST A COUNTY SOCIAL SERVICE AGENCY UNDER DIVISION 17,076
(B) OF THIS SECTION IF THE DEPARTMENT DETERMINES ANY OF THE 17,077
FOLLOWING APPLY TO THE AGENCY AS REGARDS A SOCIAL SERVICE DUTY: 17,078
(1) THE AGENCY FAILS TO MEET A PERFORMANCE STANDARD 17,080
SPECIFIED IN A PARTNERSHIP AGREEMENT ENTERED INTO UNDER SECTION 17,081
5101.21 OR ESTABLISHED UNDER SECTION 5101.22 OF THE REVISED CODE; 17,082
(2) THE AGENCY FAILS TO COMPLY WITH A REQUIREMENT 17,084
ESTABLISHED BY FEDERAL STATUTE OR REGULATIONS, STATE STATUTE, OR 17,085
A DEPARTMENT RULE; 17,086
(3) THE AGENCY IS SOLELY OR PARTIALLY RESPONSIBLE FOR, OR 17,088
CONTRIBUTES TO, AN ADVERSE AUDIT OR QUALITY CONTROL FINDING, 17,089
FINAL DISALLOWANCE OF FEDERAL FINANCIAL PARTICIPATION, OR OTHER 17,090
SANCTION OR PENALTY. 17,091
418
(B) THE DEPARTMENT MAY TAKE ONE OR MORE OF THE FOLLOWING 17,095
ACTIONS AGAINST A COUNTY SOCIAL SERVICE AGENCY IF DIVISION 17,096
(A)(1), (2), OR (3) OF THIS SECTION APPLIES TO THE AGENCY: 17,097
(1) REQUIRE THE AGENCY TO SUBMIT TO AND COMPLY WITH A 17,099
CORRECTIVE ACTION PLAN PURSUANT TO A TIME SCHEDULE SPECIFIED BY 17,100
THE DEPARTMENT; 17,101
(2) IMPOSE A FINANCIAL OR ADMINISTRATIVE SANCTION AGAINST 17,103
THE AGENCY, WHICH MAY INCLUDE REQUIRING THE AGENCY TO SHARE WITH 17,104
THE DEPARTMENT A FINAL DISALLOWANCE OF FEDERAL FINANCIAL 17,105
PARTICIPATION OR OTHER SANCTION OR PENALTY. A SANCTION MAY BE 17,106
INCREASED IF THE DEPARTMENT HAS PREVIOUSLY TAKEN ACTION AGAINST 17,107
THE AGENCY UNDER THIS DIVISION. 17,108
(3) PERFORM A SOCIAL SERVICE DUTY FOR THE AGENCY UNTIL THE 17,111
DEPARTMENT IS SATISFIED THAT THE AGENCY WILL PERFORM THE DUTY 17,112
SATISFACTORILY. IF THE DEPARTMENT ADMINISTERS A SOCIAL SERVICE 17,113
DUTY UNDER DIVISION (B)(3) OF THIS SECTION, THE DEPARTMENT MAY 17,115
SPEND FUNDS IN THE COUNTY TREASURY APPROPRIATED FOR THE DUTY. 17,116
(4) REQUEST THAT THE ATTORNEY GENERAL BRING MANDAMUS 17,118
PROCEEDINGS TO COMPEL THE AGENCY TO TAKE OR CEASE THE ACTION THAT 17,120
CAUSES DIVISION (A)(1), (2), OR (3) OF THIS SECTION TO APPLY TO 17,121
THE AGENCY. THE ATTORNEY GENERAL SHALL BRING MANDAMUS 17,122
PROCEEDINGS IN THE FRANKLIN COUNTY COURT OF APPEALS AT THE 17,124
DEPARTMENT'S REQUEST.
(C) IF THE DEPARTMENT DECIDES TO TAKE ACTION AGAINST A 17,127
COUNTY SOCIAL SERVICE AGENCY UNDER DIVISION (B) OF THIS SECTION, 17,129
THE DEPARTMENT SHALL NOTIFY THE AGENCY, BOARD OF COUNTY
COMMISSIONERS, AND COUNTY AUDITOR IN WRITING. 17,130
THE COUNTY SOCIAL SERVICE AGENCY MAY REQUEST AN 17,132
ADMINISTRATIVE REVIEW OF THE PROPOSED ACTION BY SENDING A WRITTEN 17,134
REQUEST TO THE DEPARTMENT NOT LATER THAN FORTY-FIVE DAYS AFTER 17,135
THE DEPARTMENT MAILS THE NOTICE TO THE AGENCY. IF AN
ADMINISTRATIVE REVIEW IS REQUESTED, THE DEPARTMENT AND AGENCY MAY 17,137
ENTER INTO A WRITTEN AGREEMENT SETTING FORTH THE DISPUTE
RESOLUTION PROCEDURES TO BE USED TO RESOLVE THE DISPUTE AND ANY 17,138
419
OTHER PROCEDURAL MATTERS THE DEPARTMENT AND AGENCY AGREE WILL 17,139
ASSIST IN REACHING A PROMPT, FAIR, AND EQUITABLE RESOLUTION. IF 17,140
THE DEPARTMENT AND AGENCY FAIL TO ENTER INTO SUCH AN AGREEMENT 17,141
NOT LATER THAN SIXTY DAYS AFTER THE AGENCY REQUESTS THE 17,142
ADMINISTRATIVE REVIEW, THE DEPARTMENT SHALL CONDUCT A HEARING IN 17,143
ACCORDANCE WITH CHAPTER 119. OF THE REVISED CODE, EXCEPT THAT THE 17,146
DEPARTMENT, NOTWITHSTANDING SECTION 119.07 OF THE REVISED CODE, 17,149
IS NOT REQUIRED TO SCHEDULE THE HEARING WITHIN FIFTEEN DAYS OF 17,150
THE AGENCY'S REQUEST. 17,151
Sec. 5101.25. THE DEPARTMENT OF HUMAN SERVICES, IN 17,153
CONSULTATION WITH COUNTY REPRESENTATIVES, SHALL DEVELOP ANNUAL 17,154
TRAINING GOALS AND MODEL TRAINING CURRICULUM FOR EMPLOYEES OF 17,155
COUNTY SOCIAL SERVICES AGENCIES AND IDENTIFY A VARIETY OF STATE 17,157
FUNDED TRAINING OPPORTUNITIES TO MEET THE PROPOSED GOALS. 17,158
Sec. 5101.26. AS USED IN SECTIONS 5101.26 TO 5101.30 OF 17,160
THE REVISED CODE:
(A) "COUNTY AGENCY" MEANS A COUNTY DEPARTMENT OF HUMAN 17,163
SERVICES OR A PUBLIC CHILDREN SERVICES AGENCY. 17,164
(B) "INFORMATION" MEANS RECORDS AS DEFINED IN SECTION 17,167
149.011 OF THE REVISED CODE, ANY OTHER DOCUMENTS IN ANY FORMAT, 17,168
AND DATA DERIVED FROM RECORDS AND DOCUMENTS THAT ARE GENERATED, 17,169
ACQUIRED, OR MAINTAINED BY THE STATE DEPARTMENT OF HUMAN 17,170
SERVICES, A COUNTY AGENCY, OR AN ENTITY PERFORMING DUTIES ON 17,171
BEHALF OF THE STATE DEPARTMENT OR A COUNTY AGENCY.
(C) "LAW ENFORCEMENT AGENCY" MEANS THE STATE HIGHWAY 17,174
PATROL, AN AGENCY THAT EMPLOYS PEACE OFFICERS AS DEFINED IN 17,175
SECTION 109.71 OF THE REVISED CODE, A PROSECUTING ATTORNEY, THE 17,176
ADULT PAROLE AUTHORITY, A COUNTY DEPARTMENT OF PROBATION, THE
ATTORNEY GENERAL, SIMILAR AGENCIES OF OTHER STATES, FEDERAL LAW 17,178
ENFORCEMENT AGENCIES, AND POSTAL INSPECTORS. "LAW ENFORCEMENT 17,179
AGENCY" INCLUDES THE PEACE OFFICERS AND OTHER LAW ENFORCEMENT 17,180
OFFICERS EMPLOYED BY THE AGENCY. 17,181
(D) "PUBLIC ASSISTANCE" MEANS FINANCIAL ASSISTANCE, 17,184
MEDICAL ASSISTANCE, OR SOCIAL SERVICES PROVIDED UNDER A PROGRAM 17,185
420
ADMINISTERED BY THE STATE DEPARTMENT OR A COUNTY AGENCY PURSUANT 17,186
TO CHAPTER 329., 5101., 5104., 5107., 5111., OR 5115. OF THE 17,188
REVISED CODE. "PUBLIC ASSISTANCE" DOES NOT INCLUDE CHILD SUPPORT 17,189
ENFORCEMENT SERVICES OR CHILD PROTECTIVE SERVICES. 17,190
(E) "PUBLIC ASSISTANCE RECIPIENT" MEANS AN APPLICANT FOR 17,193
OR RECIPIENT OR FORMER RECIPIENT OF PUBLIC ASSISTANCE OR 17,194
PARTICIPANT OR FORMER PARTICIPANT IN OHIO WORKS FIRST. 17,195
Sec. 5101.27. (A) EXCEPT AS PERMITTED BY THIS SECTION, 17,198
SECTION 5101.28 OR 5101.29 OF THE REVISED CODE, OR THE RULES 17,199
ADOPTED UNDER DIVISION (A) OF SECTION 5101.30 OF THE REVISED 17,201
CODE, OR REQUIRED BY FEDERAL LAW, NO PERSON OR GOVERNMENT ENTITY 17,202
SHALL SOLICIT, DISCLOSE, RECEIVE, USE, OR KNOWINGLY PERMIT, OR 17,203
PARTICIPATE IN THE USE OF ANY INFORMATION REGARDING A PUBLIC 17,204
ASSISTANCE RECIPIENT FOR ANY PURPOSE NOT DIRECTLY CONNECTED WITH 17,205
THE ADMINISTRATION OF A PUBLIC ASSISTANCE PROGRAM. 17,206
(B)(1) TO THE EXTENT PERMITTED BY FEDERAL LAW, THE STATE 17,209
DEPARTMENT OF HUMAN SERVICES AND COUNTY AGENCIES SHALL RELEASE 17,210
INFORMATION REGARDING A PUBLIC ASSISTANCE RECIPIENT FOR PURPOSES 17,211
DIRECTLY CONNECTED TO THE ADMINISTRATION OF THE PROGRAM TO A 17,212
GOVERNMENT ENTITY RESPONSIBLE FOR ADMINISTERING A PUBLIC 17,213
ASSISTANCE PROGRAM OR ANY OTHER STATE, FEDERAL, OR FEDERALLY 17,214
ASSISTED PROGRAM THAT PROVIDES CASH OR IN-KIND ASSISTANCE OR 17,215
SERVICES DIRECTLY TO INDIVIDUALS BASED ON NEED OR FOR THE PURPOSE 17,216
OF PROTECTING CHILDREN TO A GOVERNMENT ENTITY RESPONSIBLE FOR 17,217
ADMINISTERING A CHILDREN'S PROTECTIVE SERVICES PROGRAM. 17,218
(2) TO THE EXTENT PERMITTED BY FEDERAL LAW, THE STATE 17,220
DEPARTMENT AND COUNTY AGENCIES SHALL PROVIDE INFORMATION 17,221
REGARDING A PUBLIC ASSISTANCE RECIPIENT TO A LAW ENFORCEMENT 17,222
AGENCY FOR THE PURPOSE OF ANY INVESTIGATION, PROSECUTION, OR 17,223
CRIMINAL OR CIVIL PROCEEDING RELATING TO THE ADMINISTRATION OF A 17,224
PUBLIC ASSISTANCE PROGRAM. 17,225
(C) TO THE EXTENT PERMITTED BY FEDERAL LAW AND SECTION 17,228
1347.08 OF THE REVISED CODE, THE STATE DEPARTMENT AND COUNTY 17,229
AGENCIES SHALL PROVIDE ACCESS TO INFORMATION REGARDING A PUBLIC 17,230
421
ASSISTANCE RECIPIENT TO ALL OF THE FOLLOWING: 17,231
(1) THE RECIPIENT; 17,233
(2) THE AUTHORIZED REPRESENTATIVE, AS DEFINED IN RULES 17,235
ADOPTED UNDER SECTION 5101.30 OF THE REVISED CODE, OF THE 17,236
RECIPIENT;
(3) THE PARENT OR GUARDIAN OF THE RECIPIENT; 17,238
(4) THE ATTORNEY OF THE RECIPIENT, IF THE ATTORNEY HAS 17,240
WRITTEN AUTHORIZATION FROM THE RECIPIENT. 17,241
(D) TO THE EXTENT PERMITTED BY FEDERAL LAW, THE STATE 17,244
DEPARTMENT AND COUNTY AGENCIES MAY RELEASE INFORMATION ABOUT A 17,245
PUBLIC ASSISTANCE RECIPIENT IF THE RECIPIENT GIVES VOLUNTARY, 17,246
WRITTEN CONSENT THAT SPECIFICALLY IDENTIFIES THE PERSONS OR 17,247
GOVERNMENT ENTITIES TO WHICH THE INFORMATION MAY BE RELEASED. 17,248
THE STATE DEPARTMENT OR COUNTY AGENCY SHALL RELEASE THE 17,250
INFORMATION ONLY TO THE PERSONS OR GOVERNMENT ENTITIES SPECIFIED 17,251
IN THE DOCUMENT EVIDENCING CONSENT. CONSENT MAY BE TIME-LIMITED 17,252
OR ONGOING, AT THE DISCRETION OF THE INDIVIDUAL GIVING IT, AND 17,253
MAY BE RESCINDED AT ANY TIME; HOWEVER, AN INDIVIDUAL CANNOT 17,254
RESCIND CONSENT RETROACTIVELY. THE DOCUMENT EVIDENCING CONSENT 17,255
MUST STATE THAT CONSENT MAY BE RESCINDED. 17,256
THE STATE DEPARTMENT OR A COUNTY AGENCY MAY RELEASE 17,258
INFORMATION UNDER THIS DIVISION CONCERNING A RECEIPT OF MEDICAL 17,259
ASSISTANCE UNDER CHAPTER 5111. OF THE REVISED CODE ONLY IF BOTH 17,261
OF THE FOLLOWING ARE THE CASE: 17,262
(1) THE RELEASE OF INFORMATION IS FOR PURPOSES DIRECTLY 17,264
CONNECTED TO THE ADMINISTRATION OF PROGRAMS CREATED UNDER CHAPTER 17,266
5111. OF THE REVISED CODE OR SERVICES PROVIDED UNDER PROGRAMS 17,267
CREATED UNDER THAT CHAPTER;
(2) THE INFORMATION IS RELEASED TO PERSONS OR GOVERNMENT 17,269
ENTITIES THAT ARE SUBJECT TO STANDARDS OF CONFIDENTIALITY AND 17,270
SAFEGUARDING INFORMATION SUBSTANTIALLY COMPARABLE TO THOSE 17,271
ESTABLISHED FOR PROGRAMS CREATED UNDER CHAPTER 5111. OF THE 17,273
REVISED CODE.
Sec. 5101.28. TO THE EXTENT PERMITTED BY FEDERAL LAW, THE 17,276
422
STATE DEPARTMENT OF HUMAN SERVICES, COUNTY DEPARTMENTS OF HUMAN 17,277
SERVICES, AND EMPLOYEES OF THE DEPARTMENTS MAY REPORT TO A PUBLIC 17,278
CHILDREN SERVICES AGENCY OR OTHER APPROPRIATE AGENCY INFORMATION 17,279
ON KNOWN OR SUSPECTED PHYSICAL OR MENTAL INJURY, SEXUAL ABUSE OR 17,280
EXPLOITATION, OR NEGLIGENT TREATMENT OR MALTREATMENT, OF A CHILD 17,281
RECEIVING PUBLIC ASSISTANCE, IF CIRCUMSTANCES INDICATE THAT THE 17,282
CHILD'S HEALTH OR WELFARE IS THREATENED. 17,283
Sec. 5101.29. WHEN CONTAINED IN A RECORD HELD BY THE STATE 17,286
DEPARTMENT OF HUMAN SERVICES OR A COUNTY AGENCY, THE FOLLOWING 17,287
ARE NOT PUBLIC RECORDS FOR PURPOSES OF SECTION 149.43 OF THE 17,288
REVISED CODE:
(A) NAMES AND OTHER IDENTIFYING INFORMATION REGARDING 17,291
CHILDREN ENROLLED IN OR ATTENDING A CHILD DAY-CARE CENTER OR HOME 17,292
SUBJECT TO LICENSURE, CERTIFICATION, OR REGISTRATION UNDER 17,293
CHAPTER 5104. OF THE REVISED CODE;
(B) NAMES AND OTHER IDENTIFYING INFORMATION REGARDING A 17,296
PERSON WHO MAKES AN ORAL OR WRITTEN COMPLAINT REGARDING A CHILD 17,297
DAY-CARE CENTER OR HOME SUBJECT TO LICENSURE, CERTIFICATION, OR 17,298
REGISTRATION TO THE STATE DEPARTMENT OR OTHER STATE OR COUNTY 17,300
ENTITY RESPONSIBLE FOR ENFORCING CHAPTER 5104. OF THE REVISED 17,301
CODE.
Sec. 5101.30. (A) THE STATE DEPARTMENT OF HUMAN SERVICES 17,304
SHALL ADOPT RULES IN ACCORDANCE WITH CHAPTER 119. OF THE REVISED 17,305
CODE IMPLEMENTING SECTIONS 5101.26 TO 5101.30 OF THE REVISED CODE 17,306
AND GOVERNING THE CUSTODY, USE, AND PRESERVATION OF THE 17,307
INFORMATION GENERATED OR RECEIVED BY THE STATE DEPARTMENT, COUNTY 17,308
AGENCIES, OTHER STATE AND COUNTY ENTITIES, CONTRACTORS, GRANTEES, 17,309
PRIVATE ENTITIES, OR OFFICIALS PARTICIPATING IN THE 17,310
ADMINISTRATION OF PUBLIC ASSISTANCE PROGRAMS. THE RULES SHALL 17,311
SPECIFY CONDITIONS AND PROCEDURES FOR THE RELEASE OF INFORMATION. 17,312
THE RULES SHALL COMPLY WITH APPLICABLE FEDERAL STATUTES AND 17,313
REGULATIONS. TO THE EXTENT PERMITTED BY FEDERAL LAW: 17,314
(1) THE RULES MAY PERMIT PROVIDERS OF SERVICES OR 17,316
ASSISTANCE UNDER PUBLIC ASSISTANCE PROGRAMS LIMITED ACCESS TO 17,317
423
INFORMATION THAT IS ESSENTIAL FOR THE PROVIDERS TO RENDER 17,318
SERVICES OR ASSISTANCE OR TO BILL FOR SERVICES OR ASSISTANCE 17,319
RENDERED. THE DEPARTMENT OF AGING, WHEN INVESTIGATING A 17,320
COMPLAINT UNDER SECTION 173.20 OF THE REVISED CODE, SHALL BE 17,321
GRANTED ANY LIMITED ACCESS PERMITTED IN THE RULES PURSUANT TO 17,322
DIVISION (A)(1) OF THIS SECTION. 17,323
(2) THE RULES MAY PERMIT A CONTRACTOR, GRANTEE, OR OTHER 17,325
STATE OR COUNTY ENTITY LIMITED ACCESS TO INFORMATION THAT IS 17,326
ESSENTIAL FOR THE CONTRACTOR, GRANTEE, OR ENTITY TO PERFORM 17,327
ADMINISTRATIVE OR OTHER DUTIES ON BEHALF OF THE STATE DEPARTMENT 17,328
OR COUNTY AGENCY. A CONTRACTOR, GRANTEE, OR ENTITY GIVEN ACCESS 17,329
TO INFORMATION PURSUANT TO DIVISION (A)(2) OF THIS SECTION IS 17,331
BOUND BY THE STATE DEPARTMENT'S RULES, AND DISCLOSURE OF THE 17,332
INFORMATION BY THE CONTRACTOR, GRANTEE, OR ENTITY IN A MANNER NOT 17,334
AUTHORIZED BY THE RULES IS A VIOLATION OF SECTION 5101.27 OF THE
REVISED CODE.
(B) WHENEVER NAMES, ADDRESSES, OR OTHER INFORMATION 17,337
RELATING TO PUBLIC ASSISTANCE RECIPIENTS IS HELD BY ANY AGENCY 17,338
OTHER THAN THE STATE DEPARTMENT OR A COUNTY AGENCY, THAT OTHER 17,339
AGENCY SHALL ADOPT RULES CONSISTENT WITH SECTIONS 5101.26 TO 17,340
5101.30 OF THE REVISED CODE TO PREVENT THE PUBLICATION OR 17,341
DISCLOSURE OF NAMES, LISTS, OR OTHER INFORMATION CONCERNING THOSE 17,342
RECIPIENTS.
Sec. 5101.31. (A) As used in this section: 17,351
(1) Child support enforcement agency" means an agency 17,353
designated as a child support enforcement agency under section 17,354
2301.25 of the Revised Code. 17,355
(2) "Law, "LAW enforcement entity" means a public entity 17,358
that employs a law enforcement officer. 17,359
(B) The division of child support is hereby created in the 17,362
department of human services. The division shall establish and 17,363
administer a program of child support enforcement, which program 17,364
shall meet the requirements of Title IV-D of the "Social Security 17,365
Act," 88 Stat. 2351 (1975), 42 U.S.C. 651, as amended, and any 17,366
424
rules promulgated under Title IV-D. The program of child support 17,367
enforcement shall include, but not be limited to, the location of 17,368
absent parents, the establishment of parentage, the establishment 17,369
and modification of child support orders and medical support 17,370
orders, the enforcement of support orders, and the collection of 17,371
support obligations.
The department shall charge an application fee of up to 17,373
twenty-five dollars, as determined by rule adopted by the 17,374
department pursuant to Chapter 119. of the Revised Code, for 17,375
furnishing services under Title IV-D of the "Social Security 17,376
Act," 88 Stat. 2351 (1975), 42 U.S.C. 651, as amended, to persons 17,377
not receiving aid to dependent children PARTICIPATING IN OHIO 17,379
WORKS FIRST UNDER CHAPTER 5107. OF THE REVISED CODE. The 17,380
department shall adopt rules pursuant to Chapter 119. of the 17,381
Revised Code authorizing counties, at their option, to waive the 17,382
payment of the fee. The application fee, unless waived pursuant 17,383
to rules adopted by the department pursuant to this section, 17,384
shall be paid by those persons. 17,385
(C) The division of child support shall establish, by rule 17,387
adopted pursuant to Chapter 119. of the Revised Code, a program 17,388
of spousal support enforcement in conjunction with child support 17,389
enforcement. The program shall conform, to the extent 17,390
practicable, to the program for child support enforcement 17,391
established pursuant to division (B) of this section. 17,392
(D) The department of human services shall enter into an 17,394
agreement with the secretary of health and human services, as 17,395
authorized by the "Parental Kidnapping Prevention Act of 1980," 17,396
94 Stat. 3572, 42 U.S.C. 663, as amended, under which the 17,397
services of the parent locater service established pursuant to 17,398
Title IV-D of the "Social Security Act," 88 Stat. 2351 (1975), 42 17,399
U.S.C. 651, as amended, shall be made available to this state for 17,400
the purpose of determining the whereabouts of any absent parent 17,401
or child in order to enforce a law with respect to the unlawful 17,402
taking or restraint of a child, or to make or enforce a 17,403
425
determination as to the allocation, between the parents of a 17,404
child, of the parental rights and responsibilities for the care 17,405
of a child and the designation of the residential parent and 17,406
legal custodian of a child or otherwise as to the custody of a 17,407
child. 17,408
(E) The division of child support shall not use any social 17,410
security number made available to it under section 3705.07 of the 17,411
Revised Code for any purpose other than child support 17,412
enforcement. 17,413
(F) Except as provided by the rules adopted pursuant to 17,415
this division, no person shall disclose information concerning 17,416
applicants for and recipients of Title IV-D support enforcement 17,417
program services provided by a child support enforcement agency. 17,418
The department of human services shall adopt rules governing 17,419
access to, and use and disclosure of, information concerning 17,420
applicants for and recipients of Title IV-D support enforcement 17,421
program services provided by a child support enforcement agency. 17,422
The rules shall be consistent with the requirements of Title IV-D 17,423
of the "Social Security Act," 88 Stat. 2351 (1975), 42 U.S.C.
651, as amended, and any rules adopted under Title IV-D. 17,424
(G)(1) Except as provided in division (G)(2) of this 17,427
section, the department of human services shall have access to 17,428
any information in the possession of any officer, board,
commission, or agency of the state that would aid the department 17,429
in locating an absent parent or child pursuant to division (D) of 17,431
this section, unless release of the information is prohibited by 17,432
federal law.
(2) The department of taxation, the bureau of motor 17,434
vehicles, and a law enforcement entity shall provide information 17,435
the division of child support requests from the department, 17,436
bureau, or entity that will enable the division to locate a 17,437
parent the division or a child support enforcement agency is 17,438
seeking pursuant to child support enforcement activities. The 17,439
department, bureau, or entity may provide such information to a 17,440
426
child support enforcement agency at the agency's request or 17,441
require the agency to request that the division of child support 17,442
request the information for the agency. The division shall 17,443
request the information from the department, bureau, or entity on 17,445
the request of a child support enforcement agency.
The only information the department shall provide the 17,447
division or an agency under this section is the name and address 17,448
of a parent the division or agency is seeking. The information 17,449
the bureau or entity shall provide to the division or an agency 17,450
under this section is the information Title IV-D of the "Social 17,451
Security Act" requires the division or agency be able to receive. 17,452
The division or agency shall reimburse the department, 17,454
bureau, or entity for the cost of providing the information. If 17,456
the division requests the information for an agency, the agency 17,457
shall reimburse the division for reimbursing the department, 17,458
bureau, or entity.
Sec. 5101.323. (A)(1) The division of child support in 17,468
the department of human services shall establish a program to 17,469
increase child support collections by publishing and distributing 17,470
a series of posters displaying child support obligors who are 17,471
delinquent in their support payments. Each poster shall display 17,472
photographs of, and information about, ten obligors who are 17,473
liable for support arrearages and whose whereabouts are unknown 17,474
to child support enforcement agencies. Each poster shall list a 17,475
toll-free telephone number for the division of child support that 17,476
may be called to report information regarding the whereabouts of 17,477
any of the obligors displayed on a poster. The division may 17,478
include any other information on the poster that it considers 17,479
appropriate. 17,480
(2) Any child support enforcement agency that chooses to 17,482
participate in the poster program established under division 17,483
(A)(1) of this section may submit names of obligors that meet the 17,484
criteria in division (B) of this section to the division. The 17,485
division shall select obligors to be displayed on a poster from 17,486
427
the names submitted by the agencies. 17,487
(3) The division shall send notice to each obligor whose 17,489
name was submitted to be displayed on the poster. The notice 17,490
shall be sent by regular mail to the obligor's last known address 17,491
and shall state that the obligor may avoid being included on the 17,492
poster by doing all of the following within ninety days after 17,493
receipt of the notice: 17,494
(a) Make a payment to the child support enforcement agency 17,496
that is at least equal to the amount of support the obligor is 17,497
required to pay each month under the support order; 17,498
(b) Provide the agency with the obligor's current address; 17,500
(c) Provide the agency with evidence from each of the 17,502
obligor's current employers of the obligor's current wages, 17,503
salary, and other compensation; 17,504
(d) Provide the agency with evidence that the obligor has 17,506
arranged for withholding from the obligor's wages, salary, or 17,507
other compensation to pay support and for payment of arrearages. 17,508
(4) The child support enforcement agency shall determine 17,510
whether any obligor whose name was submitted to be displayed on a 17,511
poster has met all the conditions of division (A)(3) of this 17,512
section. If it determines that an obligor has done so, it shall 17,513
give the division notice of its determination. On receipt of the 17,514
notice from the agency, the division shall remove the obligor 17,515
from the list of obligors submitted by that agency before making 17,516
the final selection of obligors for the poster. 17,517
(5) The division shall publish and distribute the first 17,519
set of posters throughout the state not later than October 1, 17,520
1992. The division shall publish and distribute subsequent sets 17,521
of posters not less than twice annually. 17,522
(B) A child support enforcement agency may submit the name 17,524
of a delinquent obligor to the division for inclusion on a poster 17,525
only if all of the following apply: 17,526
(1) The obligor is subject to a support order and there 17,528
has been an attempt to enforce the order through a public notice, 17,529
428
a wage withholding order, a lien on property, a financial 17,530
institution deduction order, or other court-ordered procedures. 17,531
(2) The department of human services reviewed the 17,533
obligor's records and confirms the child support enforcement 17,534
agency's finding that the obligor's name and photograph may be 17,535
submitted to be displayed on a poster. 17,536
(3) The agency does not know or is unable to verify the 17,538
obligor's whereabouts. 17,539
(4) The obligor is not a recipient of aid to dependent 17,541
children, PARTICIPANT IN OHIO WORKS FIRST OR RECIPIENT OF 17,542
disability assistance, supplemental security income, or food 17,543
stamps.
(5) The child support enforcement agency does not have 17,545
evidence that the obligor has filed for protection under the 17,546
federal Bankruptcy Code, 11 U.S.C.A. 101, as amended. 17,547
(6) The obligee gave written authorization to the agency 17,549
to display the obligor on a poster. 17,550
(7) A legal representative of the agency and a child 17,552
support enforcement administrator reviewed the case. 17,553
(8) The agency is able to submit to the department a 17,555
description and photograph of the obligor, a statement of the 17,556
possible locations of the obligor, and any other information 17,557
required by the department. 17,558
(C) When the agency submits the name of an obligor to the 17,560
division, it also shall submit the photograph and information 17,561
described in division (B)(8) of this section. It shall not 17,562
submit to the division the address of the obligee or any other 17,563
personal information about the obligee. 17,564
(D) In accordance with Chapter 119. of the Revised Code, 17,566
the division shall adopt rules for the operation of the poster 17,567
program under this section. The rules shall specify the 17,568
following: 17,569
(1) Criteria and procedures for the division to use in 17,571
reviewing the names of obligors submitted by child support 17,572
429
enforcement agencies to be displayed on a poster and selecting 17,573
the delinquent obligors to be included on a poster; 17,574
(2) Procedures for providing the notice specified in 17,576
division (A)(3) of this section; 17,577
(3) Any other procedures necessary for the operation of 17,579
the poster program. 17,580
(E) The division shall use funds appropriated by the 17,582
general assembly for child support administration to conduct the 17,583
poster program under this section. 17,584
Sec. 5101.35. (A) As used in this section: 17,593
(1) "AGENCY" MEANS THE FOLLOWING ENTITIES THAT ADMINISTER 17,595
A HUMAN SERVICES PROGRAM: 17,596
(a) THE DEPARTMENT OF HUMAN SERVICES; 17,598
(b) A COUNTY DEPARTMENT OF HUMAN SERVICES; 17,600
(c) A PUBLIC CHILDREN SERVICES AGENCY; 17,602
(d) A PRIVATE OR GOVERNMENT ENTITY ADMINISTERING, IN WHOLE 17,604
OR IN PART, A HUMAN SERVICES PROGRAM FOR OR ON BEHALF OF THE 17,605
DEPARTMENT OF HUMAN SERVICES OR A COUNTY DEPARTMENT OF HUMAN 17,606
SERVICE OR PUBLIC CHILDREN SERVICES AGENCY. 17,607
(2) "Appellant" means an applicant, participant, former 17,609
participant, recipient, or former recipient of any of the 17,610
following A HUMAN SERVICES PROGRAM who is entitled by federal or 17,611
state law to a hearing regarding a decision or order of the state 17,613
department, a county department, or the department of aging: 17,614
(a) Aid to dependent children; 17,616
(b) Disability assistance; 17,618
(c) Food stamps; 17,620
(d) Publicly funded child day-care; 17,622
(e) Residential state supplement payments; 17,624
(f) Assistance under Title IV-E, XIX, or XX of the "Social 17,626
Security Act," 49 Stat. 620 (1935), 42 U.S.C. 301, as amended; 17,627
(g) Assistance under the "Child Care and Development Block 17,629
Grant Act of 1990," established in section 5082 of the "Omnibus 17,630
Budget Reconciliation Act of 1990," 104 Stat. 1388-236 (1990), 42 17,631
430
U.S.C. 9858, as amended; 17,632
(h) Assistance under section 5081 of the "Omnibus Budget 17,634
Reconciliation Act of 1990," 104 Stat. 1388-233 (1990), 42 U.S.C. 17,635
602(i), as amended; 17,636
(i) The job opportunities and basic skills training 17,638
program. 17,639
(2) "State department" means the Ohio department of human 17,641
services. 17,642
(3) "County department" means a county department of human 17,644
services or a county children services board. 17,645
(4) "Designated county department" means the county 17,647
department responsible for compliance with a state hearing 17,648
decision or an administrative appeal decision AGENCY THAT 17,650
ADMINISTERS THE PROGRAM.
(3) "HUMAN SERVICES PROGRAM" MEANS ASSISTANCE PROVIDED 17,652
UNDER CHAPTER 5104., 5107., 5111., OR 5115. OR SECTION 173.35, 17,653
5101.141, 5101.46, 5101.54, 5153.163, OR 5153.165 OF THE REVISED 17,655
CODE, OTHER THAN ASSISTANCE PROVIDED UNDER SECTION 5101.46 OF THE 17,656
REVISED CODE BY THE DEPARTMENT OF MENTAL HEALTH, THE DEPARTMENT 17,658
OF MENTAL RETARDATION AND DEVELOPMENTAL DISABILITIES, A BOARD OF 17,659
ALCOHOL, DRUG ADDICTION, AND MENTAL HEALTH SERVICES, OR A COUNTY 17,660
BOARD OF MENTAL RETARDATION AND DEVELOPMENTAL DISABILITIES. 17,661
(B) An appellant who appeals under federal or state law a 17,663
decision or order of the state department, a county department, 17,664
or the department of aging AN AGENCY ADMINISTERING A HUMAN 17,665
SERVICES PROGRAM shall, at his THE APPELLANT'S request, be 17,667
granted a STATE hearing by the state department OF HUMAN 17,668
SERVICES. This state hearing shall be conducted in accordance 17,670
with rules adopted by the state department pursuant to UNDER THIS 17,671
section 119.03 of the Revised Code. The state hearing shall be 17,673
tape-recorded, but neither the recording nor a transcript of the 17,674
recording shall be part of the official record of the proceeding. 17,675
A state hearing decision is binding upon the state AGENCY AND 17,676
department, the designated county department, and the department 17,678
431
of aging, unless it is reversed or modified on appeal to the 17,679
director of human services or a court of common pleas. 17,680
(C) An appellant who disagrees with a state hearing 17,682
decision may make an administrative appeal to the director of the 17,683
state department HUMAN SERVICES in accordance with rules adopted 17,684
by that department pursuant to UNDER THIS section 119.03 of the 17,686
Revised Code. This administrative appeal does not require a 17,688
hearing, but the director of the state department or his THE 17,689
DIRECTOR'S designee shall review the state hearing decision and 17,692
previous administrative action and may affirm, modify, remand, or 17,693
reverse the state hearing decision. Any person designated to make 17,694
an administrative appeal decision on behalf of the director shall 17,695
have been admitted to the practice of law in this state. An 17,696
administrative appeal decision is the final decision of the state 17,697
department and is binding upon the state department, the 17,698
designated county department, and the department of aging AGENCY, 17,700
unless it is reversed or modified on appeal to the court of 17,702
common pleas.
(D) The designated county department and the department of 17,704
aging AN AGENCY shall comply with a decision issued pursuant to 17,705
division (B) or (C) of this section within the time limits 17,707
established by rule by the state department RULES ADOPTED UNDER 17,708
THIS SECTION. If the designated county department A COUNTY 17,710
DEPARTMENT OF HUMAN SERVICES OR A PUBLIC CHILDREN SERVICES AGENCY 17,711
fails to comply within these time limits, the state department 17,713
may withhold from the designated county department monetary 17,714
advances for county administrative expenses and impose other 17,715
fiscal sanctions. The withholding of any such monetary advance 17,716
or the imposition of any other fiscal sanction shall be in 17,717
accordance with rules adopted by the state department pursuant to 17,718
TAKE ACTION PURSUANT TO section 119.03 5101.24 of the Revised 17,719
Code. IF ANOTHER AGENCY FAILS TO COMPLY WITHIN THE TIME LIMITS, 17,720
THE DEPARTMENT MAY FORCE COMPLIANCE BY WITHHOLDING FUNDS DUE THE
AGENCY OR IMPOSING ANOTHER SANCTION ESTABLISHED BY RULES ADOPTED 17,721
432
UNDER THIS SECTION. 17,722
(E) An appellant who disagrees with an administrative 17,724
appeal decision of the state department DIRECTOR OF HUMAN 17,725
SERVICES OR THE DIRECTOR'S DESIGNEE issued under division (C) of 17,727
this section may appeal from the decision to the court of common 17,728
pleas pursuant to section 119.12 of the Revised Code. The appeal 17,729
shall be governed by section 119.12 of the Revised Code except 17,730
that:
(1) The person may appeal to the court of common pleas of 17,732
the county in which he THE PERSON resides, or to the court of 17,733
common pleas of Franklin county if he THE PERSON does not reside 17,735
in this state. 17,736
(2) The person may apply to the court for designation as 17,738
an indigent and, if the court grants this application, the 17,739
appellant shall not be required to furnish the costs of the 17,740
appeal. 17,741
(3) The appellant shall mail his THE notice of appeal to 17,743
the state department OF HUMAN SERVICES and file notice of appeal 17,744
with the court within thirty days after the state department 17,747
mails the administrative appeal decision to the appellant. For 17,748
good cause shown, the court may extend the time for mailing and 17,749
filing notice of appeal, but such time shall not exceed six 17,750
months from the date the state department mails the 17,751
administrative appeal decision. Filing notice of appeal with the 17,752
court shall be the only act necessary to vest jurisdiction in the 17,753
court.
(4) The state department shall be required to file a 17,755
transcript of the testimony of the state hearing with the court 17,756
only if the court orders the department to file the transcript. 17,757
The court shall make such an order only if it finds that the 17,758
department and the appellant are unable to stipulate to the facts 17,759
of the case and that the transcript is essential to a 17,760
determination of the appeal. The state department shall file the 17,761
transcript not later than thirty days after the day such an order 17,762
433
is issued. 17,763
(F) THE DEPARTMENT OF HUMAN SERVICES SHALL ADOPT RULES IN 17,766
ACCORDANCE WITH CHAPTER 119. OF THE REVISED CODE TO IMPLEMENT 17,767
THIS SECTION, INCLUDING RULES GOVERNING THE FOLLOWING: 17,768
(1) STATE HEARINGS UNDER DIVISION (B) OF THIS SECTION; 17,770
(2) ADMINISTRATIVE APPEALS UNDER DIVISION (C) OF THIS 17,772
SECTION; 17,773
(3) TIME LIMITS FOR COMPLYING WITH A DECISION ISSUED UNDER 17,775
DIVISION (B) OR (C) OF THIS SECTION; 17,776
(4) SANCTIONS THAT MAY BE APPLIED AGAINST AN AGENCY UNDER 17,778
DIVISION (D) OF THIS SECTION. 17,779
Sec. 5101.36. Any application for public assistance gives 17,788
a right of subrogation to the department of human services for 17,789
any workers' compensation benefits payable to a person who is 17,790
subject to a support order, as defined in section 2301.34 of the 17,791
Revised Code or to an administrative support order, as defined in 17,792
section 3111.20 of the Revised Code, on behalf of the applicant, 17,793
to the extent of any public assistance payments made on the 17,794
applicant's behalf. If the director of human services, in 17,795
consultation with a child support enforcement agency and the 17,796
administrator of the bureau of workers' compensation, determines 17,797
that a person responsible for support payments to a recipient of 17,798
public assistance is receiving workers' compensation, he THE 17,799
DIRECTOR shall notify the administrator of the amount of the 17,800
benefit to be paid to the department of human services. 17,801
For purposes of this section, "public assistance" means 17,803
medical assistance provided through the medical assistance 17,804
program established under section 5111.01 of the Revised Code, 17,805
aid to dependent children OHIO WORKS FIRST provided under Chapter 17,807
5107. of the Revised Code, or disability assistance provided 17,808
under Chapter 5115. of the Revised Code. 17,809
Sec. 5101.37. (A) The department of human services and 17,819
each COUNTY DEPARTMENT OF HUMAN SERVICES AND child support 17,820
enforcement agency may make any investigations that are necessary 17,822
434
in the performance of its THEIR duties, and to that end they 17,823
shall have the same power as a judge of a county court to 17,824
administer oaths and to enforce the attendance and testimony of 17,825
witnesses and the production of books or papers.
The department and each child support enforcement COUNTY 17,827
DEPARTMENT AND agency shall keep a record of its THEIR 17,829
investigations stating the time, place, charges or subject, 17,830
witnesses summoned and examined, and its THEIR conclusions. 17,831
In matters involving the conduct of an officer, a 17,833
stenographic report of the evidence shall be taken and a copy of 17,834
the report, with all documents introduced, kept on file at the 17,835
office of the department, COUNTY DEPARTMENT, or the agency. 17,837
The fees of witnesses for attendance and travel shall be 17,839
the same as in the court of common pleas, but no officer or 17,840
employee of the institution under investigation is entitled to 17,841
such fees. 17,842
(B) In conducting hearings pursuant to sections 3113.21 to 17,844
3113.217 or pursuant to division (B) of section 5101.35 of the 17,845
Revised Code, the department and each child support enforcement 17,846
agency have the same power as a judge of a county court to 17,847
administer oaths and to enforce the attendance and testimony of 17,848
witnesses and the production of books or papers. The department 17,849
and each agency shall keep a record of those hearings stating the 17,850
time, place, charges or subject, witnesses summoned and examined, 17,851
and its THEIR conclusions. 17,852
The issuance of a subpoena by the department or a child 17,854
support enforcement agency to enforce attendance and testimony of 17,855
witnesses and the production of books or papers at a hearing is 17,856
discretionary and the department or agency is not required to pay 17,857
the fees of witnesses for attendance and travel. 17,858
(C) Any judge of the probate court or ANY DIVISION of the 17,860
court of common pleas, upon application of the department or a 17,862
COUNTY DEPARTMENT OR child support enforcement agency, may compel 17,864
the attendance of witnesses, the production of books or papers, 17,865
435
and the giving of testimony before the department, COUNTY 17,866
DEPARTMENT, or agency, by a judgment for contempt or otherwise, 17,868
in the same manner as in cases before those courts. 17,869
Sec. 5101.46. (A) The AS USED IN THIS SECTION: 17,878
(1) "TITLE XX" MEANS TITLE XX OF THE "SOCIAL SECURITY 17,881
ACT," 88 STAT. 2337 (1974), 42 U.S.C.A. 1397, AS AMENDED. 17,883
(2) "RESPECTIVE LOCAL AGENCY" MEANS, WITH RESPECT TO THE 17,886
DEPARTMENT OF HUMAN SERVICES, A COUNTY DEPARTMENT OF HUMAN
SERVICES; WITH RESPECT TO THE DEPARTMENT OF MENTAL HEALTH, A 17,887
BOARD OF ALCOHOL, DRUG ADDICTION, AND MENTAL HEALTH SERVICES; AND 17,889
WITH RESPECT TO THE DEPARTMENT OF MENTAL RETARDATION AND
DEVELOPMENTAL DISABILITIES, A COUNTY BOARD OF MENTAL RETARDATION 17,890
AND DEVELOPMENTAL DISABILITIES. 17,891
(3) "FEDERAL POVERTY GUIDELINE" MEANS THE OFFICIAL POVERTY 17,894
GUIDELINE AS REVISED ANNUALLY BY THE UNITED STATES SECRETARY OF 17,895
HEALTH AND HUMAN SERVICES IN ACCORDANCE WITH SECTION 673 OF THE 17,897
"COMMUNITY SERVICES BLOCK GRANT ACT," 95 STAT. 511 (1981), 42 17,899
U.S.C.A. 9902, AS AMENDED, FOR A FAMILY SIZE EQUAL TO THE SIZE OF 17,900
THE FAMILY OF THE PERSON WHOSE INCOME IS BEING DETERMINED. 17,901
(B) THE departments of human services, mental health, and 17,904
mental retardation and developmental disabilities, WITH THEIR 17,905
RESPECTIVE LOCAL AGENCIES, shall administer the program for the 17,906
provision of social services authorized by FUNDED THROUGH GRANTS 17,907
MADE UNDER Title XX of the "Social Security Act," 88 Stat. 2337, 17,909
42 U.S.C. 1397, as amended. The departments may assign their 17,910
administrative responsibilities to their respective county 17,911
departments of human services; boards of alcohol, drug addiction, 17,912
and mental health services; and county boards of mental 17,913
retardation and developmental disabilities. The departments may 17,914
adopt rules establishing sanctions against their respective 17,915
departments and boards for noncompliance with the terms of any 17,916
assignment of administrative responsibilities.
(B) The department of human services is responsible for 17,918
the preparation and revision of a biennial comprehensive social 17,919
436
services program plan that meets all the requirements of 17,920
applicable state and federal laws and regulations. The 17,921
departments of mental health and of mental retardation and 17,922
developmental disabilities shall prepare portions of the plan 17,923
that apply to mental health and to mental retardation and 17,924
developmental disabilities services for inclusion in the plan 17,925
prepared by the department of human services. The plan shall 17,926
constitute the report on the intended use of Title XX funds that 17,927
is required by federal law, and shall comply with all federal 17,928
requirements for such report. 17,929
(C) The department of human services shall provide at 17,931
least one service under the social services program to achieve 17,932
each of SOCIAL SERVICES FURNISHED WITH TITLE XX FUNDS SHALL BE 17,934
DIRECTED AT the following goals:
(1) Achieving or maintaining economic self-support to 17,936
prevent, reduce, or eliminate dependency; 17,937
(2) Achieving or maintaining self-sufficiency, including 17,939
reduction or prevention of dependency; 17,940
(3) Preventing or remedying neglect, abuse, or 17,942
exploitation of children and adults unable to protect their own 17,943
interests, or preserving, rehabilitating, or reuniting families; 17,944
(4) Preventing or reducing inappropriate institutional 17,946
care by providing for community-based care, home-based care, or 17,947
other forms of less intensive care; 17,948
(5) Securing referral or admission for institutional care 17,950
when other forms of care are not appropriate, or providing 17,951
services to individuals in institutions. 17,952
(D) The plan shall: 17,954
(1) Authorize the provision or the purchase of any service 17,956
on a multicounty basis when considerations relating to the nature 17,957
of the service, accessibility factors, characteristics of persons 17,958
to receive the service, and ongoing programs or planning areas 17,959
for other programs lead to the reasonable conclusion that the 17,960
larger geographic area constitutes a more efficient basis for 17,961
437
furnishing the service; 17,962
(2) Require that whenever federal laws and regulations 17,964
with respect to children who are receiving aid under Title IV-A 17,965
of the "Social Security Act," 49 Stat. 627, 42 U.S.C.A. 601, as 17,966
amended, permit the implementation of such a policy, the income 17,967
of stepparents who reside in the same household shall be 17,968
considered available to their stepchildren in determining the 17,969
eligibility of children for services; 17,970
(3) Include the formula or schedule establishing the fees 17,972
or other charges to be imposed by each county department of human 17,973
services under division (E)(2) of this section; 17,974
(4) Establish uniformly applied service descriptions and 17,976
definitions of units of service; 17,977
(5) Present in the section of the plan specifically 17,979
designated for such purpose, for each service category, 17,980
eligibility category, and geographic area: 17,981
(a) The estimated number of individuals to be served, 17,983
counting each individual no more than once in any service 17,984
category; 17,985
(b) The estimated expenditures; 17,987
(c) Any other information required by state law or federal 17,989
law or regulations. 17,990
(6) List the scheduled times, dates, and locations of 17,992
local public hearings to be held on the proposed state plan and 17,993
the dates in which the public comment period shall be held. 17,994
(E) Services other than child day-care shall be provided 17,996
under the social services program as follows: 17,997
(1) Without fees or other charges to: 17,999
(a) Recipients of aid to dependent children; 18,001
(b) Recipients of disability assistance provided under 18,003
Chapter 5115. of the Revised Code; 18,004
(c) Recipients of supplemental security income under Title 18,006
XVI of the Social Security Act; 18,007
(d) Recipients of medical assistance under Chapter 5111. 18,009
438
of the Revised Code; 18,010
(e) Individuals sixty years of age and over; 18,012
(f) Families and individuals whose income and resources 18,014
are less than one hundred fifty per cent of the minimum standard 18,015
of need. 18,016
Services provided without charge on the basis of 18,018
eligibility under division (E)(1)(e) of this section shall be 18,019
limited to home-delivered meals, congregate meals, homemaker and 18,020
home health aide services, transportation, chore services, 18,021
health-related services, and community-based care. Providers of 18,022
these services shall post for public display the average per unit 18,023
cost of each service. Persons who are eligible for services 18,024
under division (E)(1)(e) or (3) of this section may voluntarily 18,025
contribute a portion of the cost of service. 18,026
(2) To persons other than those eligible under division 18,028
(E)(1) of this section for day-care services to adults, homemaker 18,029
and home health aide services, and for any other services 18,030
designated by the county department to be provided for a fee, 18,031
upon the payment of fees or other charges established by the 18,032
formula or schedule in the plan to individuals and families whose 18,033
income and resources exceed one hundred fifty per cent of the 18,034
minimum standard of need but are less than the statewide median 18,035
income. 18,036
(3) The following services shall be provided without 18,038
regard to income or resources and without the payment of fees or 18,039
other charges to persons in need of such services: 18,040
(a) Information and referral; 18,042
(b) Protective services for children; 18,044
(c) Protective services for adults, unless a county 18,046
department of human services determines that an adult in need of 18,047
protective services has sufficient financial means to pay for the 18,048
services or if a court orders an adult to pay for court-ordered 18,049
protective services as provided for under section 5101.70 of the 18,050
Revised Code. 18,051
439
(F) Child day-care provided under the social services 18,053
program shall be provided in accordance with Chapter 5104. of the 18,054
Revised Code. 18,055
(G) As used in this section: 18,057
(1) "Minimum standard of need" means the minimum amounts 18,059
of income and resources necessary for an individual or a family 18,060
of the same size to maintain health and decency as determined and 18,061
updated annually by the department under section 5107.02 of the 18,062
Revised Code. 18,063
(2) "Median income" means the median income for an 18,065
individual or a family of the same size in this state, as 18,066
determined by the United States department of labor. 18,067
(3) "Protective services" means services for the 18,069
prevention or remedying of the neglect, abuse, or exploitation of 18,070
children or adults who are unable to protect their own interests. 18,071
(C)(1) ALL FEDERAL FUNDS RECEIVED UNDER TITLE XX SHALL BE 18,074
APPROPRIATED AS FOLLOWS:
(a) SEVENTY-TWO AND ONE-HALF PER CENT TO THE DEPARTMENT OF 18,077
HUMAN SERVICES;
(b) TWELVE AND NINETY-THREE ONE-HUNDRETHS PER CENT TO THE 18,080
DEPARTMENT OF MENTAL HEALTH;
(c) FOURTEEN AND FIFTY-SEVEN ONE-HUNDRETHS PER CENT TO THE 18,083
DEPARTMENT OF MENTAL RETARDATION AND DEVELOPMENTAL DISABILITIES. 18,084
(2) EACH STATE DEPARTMENT SHALL, SUBJECT TO THE APPROVAL 18,087
OF THE CONTROLLING BOARD, DEVELOP FORMULAS FOR THE DISTRIBUTION 18,088
OF THEIR TITLE XX APPROPRIATIONS TO THEIR RESPECTIVE LOCAL 18,090
AGENCIES. THE FORMULAS SHALL TAKE INTO ACCOUNT THE TOTAL 18,091
POPULATION OF THE AREA THAT IS SERVED BY THE AGENCY, THE 18,092
PERCENTAGE OF THE POPULATION IN THE AREA THAT FALLS BELOW THE 18,093
FEDERAL POVERTY GUIDELINE, AND THE AGENCY'S HISTORY OF AND
ABILITY TO UTILIZE TITLE XX FUNDS. 18,094
(3) EACH OF THE STATE DEPARTMENTS SHALL EXPEND NO MORE 18,097
THAN THREE PER CENT OF ITS TITLE XX APPROPRIATION FOR STATE 18,098
ADMINISTRATIVE COSTS. EACH OF THE DEPARTMENT'S RESPECTIVE LOCAL 18,099
440
AGENCIES SHALL EXPEND NO MORE THAN FOURTEEN PER CENT OF ITS TITLE 18,101
XX APPROPRIATION FOR LOCAL ADMINISTRATIVE COSTS.
(4) THE DEPARTMENT OF HUMAN SERVICES SHALL EXPEND NO MORE 18,103
THAN TWO PER CENT OF ITS TITLE XX APPROPRIATION FOR THE TRAINING 18,106
OF THE FOLLOWING:
(a) EMPLOYEES OF COUNTY DEPARTMENTS OF HUMAN SERVICES; 18,109
(b) PROVIDERS OF SERVICES UNDER CONTRACT WITH THE STATE 18,112
DEPARTMENTS' RESPECTIVE LOCAL AGENCIES;
(c) EMPLOYEES OF A PUBLIC CHILDREN SERVICES AGENCY 18,114
DIRECTLY ENGAGED IN PROVIDING TITLE XX SERVICES. 18,117
(D) THE DEPARTMENT OF HUMAN SERVICES SHALL PREPARE A 18,120
BIENNIAL COMPREHENSIVE TITLE XX SOCIAL SERVICES PLAN ON THE 18,121
INTENDED USE OF TITLE XX FUNDS. THE DEPARTMENT SHALL DEVELOP A 18,122
METHOD FOR OBTAINING PUBLIC COMMENT DURING THE DEVELOPMENT OF THE 18,123
PLAN AND FOLLOWING ITS COMPLETION. 18,124
FOR EACH STATE FISCAL YEAR, THE DEPARTMENT OF HUMAN 18,126
SERVICES SHALL PREPARE A REPORT ON THE ACTUAL USE OF TITLE XX 18,128
FUNDS. THE DEPARTMENT SHALL MAKE THE REPORT AVAILABLE FOR PUBLIC 18,129
INSPECTION.
THE DEPARTMENTS OF MENTAL HEALTH AND MENTAL RETARDATION AND 18,132
DEVELOPMENTAL DISABILITIES SHALL PREPARE AND SUBMIT TO THE
DEPARTMENT OF HUMAN SERVICES THE PORTIONS OF EACH BIENNIAL PLAN 18,133
AND ANNUAL REPORT THAT APPLY TO SERVICES FOR MENTAL HEALTH AND 18,134
MENTAL RETARDATION AND DEVELOPMENTAL DISABILITIES. EACH 18,135
RESPECTIVE LOCAL AGENCY OF THE THREE STATE DEPARTMENTS SHALL 18,136
SUBMIT INFORMATION AS NECESSARY FOR THE PREPARATION OF BIENNIAL 18,137
PLANS AND ANNUAL REPORTS. 18,138
(E) EACH COUNTY DEPARTMENT SHALL ADOPT A COUNTY PROFILE 18,141
FOR THE ADMINISTRATION AND PROVISION OF TITLE XX SOCIAL SERVICES 18,142
IN THE COUNTY. IN DEVELOPING ITS COUNTY PROFILE, THE COUNTY 18,143
DEPARTMENT SHALL TAKE INTO CONSIDERATION THE COMMENTS AND 18,144
RECOMMENDATIONS RECEIVED FROM THE PUBLIC BY THE COUNTY HUMAN 18,145
SERVICES PLANNING COMMITTEE PURSUANT TO SECTION 329.06 OF THE 18,146
REVISED CODE. AS PART OF ITS PREPARATION OF THE COUNTY PROFILE, 18,148
441
THE COUNTY DEPARTMENT MAY PREPARE A LOCAL NEEDS REPORT ANALYZING 18,149
THE NEED FOR TITLE XX SOCIAL SERVICES. 18,150
THE COUNTY DEPARTMENT SHALL SUBMIT THE COUNTY PROFILE TO 18,153
THE BOARD OF COUNTY COMMISSIONERS FOR ITS REVIEW. ONCE THE
COUNTY PROFILE HAS BEEN APPROVED BY THE BOARD, THE COUNTY 18,154
DEPARTMENT SHALL FILE A COPY OF THE COUNTY PROFILE WITH THE STATE 18,156
DEPARTMENT OF HUMAN SERVICES. THE STATE DEPARTMENT SHALL APPROVE 18,157
THE COUNTY PROFILE IF IT MEETS THE STANDARDS FOR APPROVAL 18,158
ESTABLISHED IN RULES ADOPTED UNDER THIS SECTION.
(F) ANY OF THE THREE STATE DEPARTMENTS AND THEIR 18,161
RESPECTIVE LOCAL AGENCIES MAY REQUIRE THAT AN ENTITY UNDER 18,162
CONTRACT TO PROVIDE SOCIAL SERVICES WITH TITLE XX FUNDS SUBMIT TO 18,163
AN AUDIT ON THE BASIS OF ALLEGED MISUSE OR IMPROPER ACCOUNTING OF 18,164
FUNDS. THE THREE STATE DEPARTMENTS AND THEIR RESPECTIVE LOCAL 18,165
AGENCIES MAY TERMINATE OR REFUSE TO ENTER INTO A TITLE XX 18,166
CONTRACT WITH A PROVIDER OF SOCIAL SERVICES IF THERE ARE ADVERSE 18,167
FINDINGS IN AN AUDIT THAT ARE THE RESPONSIBILITY OF THE PROVIDER. 18,168
THE AMOUNT OF ANY ADVERSE FINDINGS SHALL NOT BE REIMBURSED WITH 18,169
TITLE XX FUNDS. THE COST OF CONDUCTING AN AUDIT SHALL BE 18,170
REIMBURSED UNDER A SUBSEQUENT OR AMENDED TITLE XX CONTRACT WITH 18,171
THE PROVIDER. 18,172
(G) IF FEDERAL FUNDS RECEIVED BY THE DEPARTMENT OF HUMAN 18,175
SERVICES FOR USE UNDER CHAPTER 5107. OF THE REVISED CODE ARE 18,177
TRANSFERRED BY THE CONTROLLING BOARD FOR USE IN PROVIDING SOCIAL 18,178
SERVICES UNDER THIS SECTION, THE DEPARTMENT SHALL DISTRIBUTE THE 18,179
FUNDS SOLELY TO THE COUNTY DEPARTMENTS OF HUMAN SERVICES. 18,180
(H) The department of human services may adopt rules under 18,182
Chapter 119. of the Revised Code necessary to carry out the 18,183
purposes of this section. RULES ADOPTED UNDER THIS DIVISION 18,184
SHALL BE ADOPTED IN ACCORDANCE WITH CHAPTER 119. OF THE REVISED 18,187
CODE, UNLESS THEY ARE INTERNAL MANAGEMENT RULES GOVERNING FISCAL 18,188
AND ADMINISTRATIVE MATTERS. INTERNAL MANAGEMENT RULES MAY BE 18,189
ADOPTED IN ACCORDANCE WITH SECTION 111.15 OF THE REVISED CODE. 18,191
Sec. 5101.54. (A) The department of human services shall 18,200
442
administer THE food stamp assistance under PROGRAM IN ACCORDANCE 18,202
WITH the "Food Stamp Act of 1977," 78 91 Stat. 703 958, 7 18,203
U.S.C.A. 2011, as amended. The department may: 18,205
(1) Prepare and submit to the secretary of the United 18,207
States department of agriculture a plan for the administration of 18,208
the food stamp program; 18,209
(2) Prescribe forms for applications, certificates, 18,211
reports, records, and accounts of county departments of human 18,212
services, and other matters; 18,213
(3) Require such reports and information from each county 18,215
department of human services as may be necessary and advisable; 18,216
(4) Administer and expend any sums appropriated by the 18,218
general assembly for the purposes of this section and all sums 18,219
paid to the state by the United States as authorized by the Food 18,220
Stamp Act of 1977; 18,221
(5) Conduct such investigations as are necessary; 18,223
(6) Enter into interagency agreements and cooperate with 18,225
investigations conducted by the department of public safety, 18,226
including providing information for investigative purposes, 18,227
exchanging property and records, passing through federal 18,228
financial participation, modifying any agreements with the United 18,229
States department of agriculture, providing for the supply, 18,230
security, and accounting of food stamp coupons for investigative 18,231
purposes, and meeting any other requirements necessary for the
detection and deterrence of illegal activities in the state food 18,232
stamp program; 18,233
(7) Adopt rules for participation by IN ACCORDANCE WITH 18,236
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 18,241
BENEFITS, INCLUDING RULES SPECIFYING WHICH RECIPIENTS ARE SUBJECT 18,242
TO THE REQUIREMENTS AND ESTABLISHING SANCTIONS FOR FAILURE TO 18,243
SATISFY THE REQUIREMENTS. THE RULES SHALL BE CONSISTENT WITH 7 18,244
U.S.C.A. 2015 AND, TO THE EXTENT PRACTICABLE, MAY PROVIDE FOR 18,245
443
FOOD STAMP BENEFIT RECIPIENTS TO PARTICIPATE IN WORK ACTIVITIES, 18,246
DEVELOPMENTAL ACTIVITIES, AND ALTERNATIVE WORK ACTIVITIES 18,247
ESTABLISHED UNDER SECTIONS 5107.40 TO 5107.68 of the Revised Code 18,249
as required by the "Food Security Act," 99 Stat. 1354 (1985), 18,250
THAT ARE COMPARABLE TO PROGRAMS AUTHORIZED BY 7 U.S.C.A. 2011, as 18,251
amended; 2015(d)(4). THE RULES MAY REFERENCE RULES ADOPTED UNDER 18,252
SECTION 5107.13 OF THE REVISED CODE GOVERNING WORK ACTIVITIES, 18,253
DEVELOPMENTAL ACTIVITIES, AND ALTERNATIVE WORK ACTIVITIES
ESTABLISHED UNDER SECTIONS 5107.40 TO 5107.68 OF THE REVISED 18,254
CODE.
(8) Provide, by rule or otherwise, for procedures to carry 18,256
out ADOPT RULES IN ACCORDANCE WITH SECTION 111.15 OF THE REVISED 18,258
CODE THAT ARE CONSISTENT WITH THE FOOD STAMP ACT OF 1977, AS 18,259
AMENDED, AND REGULATIONS PROMULGATED THEREUNDER GOVERNING THE 18,260
FOLLOWING:
(a) ELIGIBILITY REQUIREMENTS FOR THE FOOD STAMP PROGRAM; 18,262
(b) SANCTIONS FOR FAILURE TO COMPLY WITH ELIGIBILITY 18,264
REQUIREMENTS; 18,265
(c) ALLOTMENT OF FOOD STAMP COUPONS; 18,267
(d) TO THE EXTENT PERMITTED UNDER FEDERAL STATUTES AND 18,269
REGULATIONS, A SYSTEM UNDER WHICH SOME OR ALL RECIPIENTS OF FOOD 18,270
STAMP BENEFITS SUBJECT TO EMPLOYMENT AND TRAINING REQUIREMENTS 18,271
ESTABLISHED BY RULES ADOPTED UNDER DIVISION (A)(7) OF THIS 18,273
SECTION RECEIVE FOOD STAMP BENEFITS AFTER SATISFYING THE
REQUIREMENTS; 18,274
(e) ADMINISTRATION OF THE PROGRAM BY COUNTY DEPARTMENTS OF 18,276
HUMAN SERVICES; 18,277
(f) OTHER REQUIREMENTS NECESSARY FOR THE efficient 18,279
administration of the program by county departments of human 18,281
services.
(9) SUBMIT A PLAN TO THE UNITED STATES SECRETARY OF 18,284
AGRICULTURE FOR THE DEPARTMENT TO OPERATE A SIMPLIFIED FOOD STAMP 18,285
PROGRAM PURSUANT TO 7 U.S.C.A. 2035 UNDER WHICH REQUIREMENTS 18,287
GOVERNING THE WORK COMPONENT OF THE OHIO WORKS FIRST PROGRAM 18,288
444
ESTABLISHED UNDER SECTION 5107.03 OF THE REVISED CODE ALSO GOVERN 18,289
THE FOOD STAMP PROGRAM IN THE CASE OF HOUSEHOLDS RECEIVING FOOD 18,290
STAMP BENEFITS AND PARTICIPATING IN THE WORK COMPONENT. 18,291
(B) Except while in the custody of the United States 18,293
postal service, food stamps and any document necessary to obtain 18,294
food stamps are the property of the department of human services 18,295
from the time they are received in accordance with federal 18,296
regulations by the department from the federal agency responsible 18,297
for such delivery until they are received by a household entitled 18,298
to receive them or by the authorized representative of the 18,299
household. 18,300
(C) A household that is entitled to receive food stamps 18,302
under the "Food Stamp Act of 1977," 78 91 Stat. 703 958, 7 18,305
U.S.C.A. 2011, as amended, and that is determined to be in
immediate need of food assistance, shall receive certification of 18,306
eligibility for program benefits, pending verification, within 18,308
twenty-four hours, OR, IF MITIGATING CIRCUMSTANCES OCCUR, WITHIN 18,309
SEVENTY-TWO HOURS, after application, if:
(1) The results of the application interview indicate that 18,311
the household will be eligible upon full verification; 18,312
(2) Information sufficient to confirm the statements in 18,314
the application has been obtained from at least one additional 18,315
source, not a member of the applicant's household. Such 18,316
information shall be recorded in the case file, and shall 18,317
include: 18,318
(a) The name of the person who provided the name of the 18,320
information source; 18,321
(b) The name and address of the information source; 18,323
(c) A summary of the information obtained. 18,325
The period of temporary eligibility shall not exceed one 18,327
month from the date of certification of temporary eligibility. 18,328
If eligibility is established by full verification, benefits 18,329
shall continue without interruption as long as eligibility 18,330
continues. 18,331
445
AT THE TIME OF APPLICATION, THE COUNTY DEPARTMENT OF HUMAN 18,333
SERVICES SHALL PROVIDE TO A HOUSEHOLD DESCRIBED IN THIS DIVISION 18,334
A LIST OF COMMUNITY ASSISTANCE PROGRAMS THAT PROVIDE EMERGENCY 18,335
FOOD.
(D) All applications shall be approved or denied through 18,337
full verification within thirty days from receipt of the 18,338
application by the county department of human services. 18,339
(E) Nothing in this section shall be construed to prohibit 18,341
the certification of households that qualify under federal 18,342
regulations to receive food stamps without charge under the "Food 18,343
Stamp Act of 1964 1977," 78 91 Stat. 703 958, 7 U.S.C.A. 2011, as 18,345
amended. 18,346
(F) Any person who applies for food stamps under this 18,348
section shall receive a voter registration application under 18,349
section 3503.10 of the Revised Code.
Sec. 5101.544. Subject to the terms and conditions of IF 18,359
THE BENEFITS OF A HOUSEHOLD ARE REDUCED UNDER A FEDERAL, STATE, 18,360
OR LOCAL MEANS-TESTED PUBLIC ASSISTANCE PROGRAM FOR FAILURE OF A 18,361
MEMBER OF THE HOUSEHOLD TO PERFORM AN ACTION REQUIRED UNDER THE 18,362
PROGRAM, THE HOUSEHOLD MAY NOT RECEIVE, FOR THE DURATION OF THE 18,363
REDUCTION, AN INCREASED ALLOTMENT OF FOOD STAMP BENEFITS AS THE 18,364
RESULT OF A DECREASE IN THE INCOME OF THE HOUSEHOLD TO THE EXTENT 18,365
THAT THE DECREASE IS THE RESULT OF THE REDUCTION. TO THE EXTENT 18,366
FEDERAL LAW AND REGULATIONS OR A federal waivers granted pursuant 18,368
to an application made under section 5101.09 of the Revised Code, 18,369
a sanction or WAIVER PERMIT, AN incentive payment under the LEAP 18,370
program established under section 5107.30 5107.33 of the Revised 18,371
Code and a sanction under the JOBS program established under 18,372
sections 5101.80 to 5101.94 of the Revised Code shall not change 18,374
the amount RESULT IN A DECREASE IN THE ALLOTMENT of food stamps a 18,376
food stamps recipient is eligible to receive STAMP BENEFITS A 18,377
HOUSEHOLD RECEIVES. 18,378
If any provision of this section conflicts with the terms 18,380
and conditions of a federal waiver granted pursuant to an 18,381
446
application made under section 5101.09 THE DEPARTMENT OF HUMAN 18,382
SERVICES SHALL ADOPT RULES IN ACCORDANCE WITH CHAPTER 119. of the 18,384
Revised Code, TO IMPLEMENT THIS SECTION. THE RULES SHALL BE
CONSISTENT WITH 7 U.S.C.A. 2017(d), FEDERAL REGULATIONS, AND the 18,386
terms and conditions of the federal waiver prevail AUTHORIZING 18,387
THE LEAP PROGRAM.
Sec. 5101.58. The AS USED IN THIS SECTION AND SECTION 18,396
5101.59 OF THE REVISED CODE, "PUBLIC ASSISTANCE" MEANS AID 18,398
PROVIDED UNDER CHAPTER 5111. OR 5115. OF THE REVISED CODE AND 18,400
PARTICIPATION IN THE WORK COMPONENT OF THE OHIO WORKS FIRST 18,402
PROGRAM ESTABLISHED UNDER SECTION 5107.03 OF THE REVISED CODE. 18,403
THE acceptance of aid pursuant to Chapter 5107., 5111., or 18,406
5115. of the Revised Code PUBLIC ASSISTANCE gives a right of 18,408
subrogation to the department of human services and the A COUNTY 18,409
department of human services of any county against the liability 18,410
of a third party for the cost of medical services and care
arising out of injury, disease, or disability of the PUBLIC 18,411
ASSISTANCE recipient OR PARTICIPANT. When an action or claim is 18,412
brought against a third party by a PUBLIC ASSISTANCE recipient of 18,414
aid under Chapter 5107., 5111., or 5115. of the Revised Code 18,416
PARTICIPANT, the entire amount of any settlement or compromise of 18,417
the action or claim, or any court award or judgment, is subject 18,418
to the subrogation right of the department of human services or 18,419
the COUNTY department of human services of any county. The 18,420
department's OR COUNTY DEPARTMENT'S subrogated claim shall not 18,421
exceed the amount of medical expenses paid by the departments on 18,422
behalf of the recipient OR PARTICIPANT. Any settlement, 18,423
compromise, judgment, or award that excludes the cost of medical 18,425
services or care shall not preclude the departments from 18,426
enforcing their rights under this section. 18,427
Prior to initiating any recovery action, the recipient or 18,429
his PARTICIPANT, OR THE RECIPIENT'S OR PARTICIPANT'S 18,430
representative, shall disclose the identity of any third party 18,432
against whom the recipient OR PARTICIPANT has or may have a right 18,433
447
of recovery. Disclosure shall be made to the department of human 18,435
services when medical expenses have been paid pursuant to Chapter 18,436
5107., 5111., or 5115. of the Revised Code. Disclosure shall be 18,437
made to both the department of human services and the appropriate 18,438
county department of human services when medical expenses have 18,439
been paid pursuant to Chapter 5115. of the Revised Code. No 18,440
settlement, compromise, judgment, or award or any recovery in any 18,441
action or claim by a recipient OR PARTICIPANT where the 18,442
departments have a right of subrogation shall be made final 18,443
without first giving the appropriate departments notice and a 18,444
reasonable opportunity to perfect their rights of subrogation. 18,445
If the departments are not given appropriate notice, the 18,446
recipient OR PARTICIPANT is liable to reimburse the departments 18,447
for the recovery received to the extent of medical payments made 18,448
by the departments. The departments shall be permitted to 18,449
enforce their subrogation rights against the third party even 18,450
though they accepted prior payments in discharge of their rights 18,451
under this section if, at the time the departments received such 18,452
payments, they were not aware that additional medical expenses 18,453
had been incurred but had not yet been paid by the departments. 18,454
The third party becomes liable to the department of human 18,455
services or county department of human services as soon as the 18,456
third party is notified in writing of the valid claims for 18,457
subrogation under this section.
Subrogation does not apply to that portion of any judgment, 18,459
award, settlement, or compromise of a claim, to the extent of 18,460
attorneys' fees, costs, or other expenses incurred by a recipient 18,461
OR PARTICIPANT in securing the judgment, award, settlement, or 18,462
compromise, or to the extent of medical, surgical, and hospital 18,464
expenses paid by such recipient OR PARTICIPANT from his THE 18,465
RECIPIENT'S OR PARTICIPANT'S own resources. Attorney fees and 18,467
costs or other expenses in securing any recovery shall not be 18,468
assessed against any subrogated claims of the departments. 18,469
To enforce their subrogation rights, the departments may do 18,471
448
any of the following: 18,472
(A) Intervene or join in any action or proceeding brought 18,474
by the recipient or PARTICIPANT OR on his THE RECIPIENT'S OR 18,475
PARTICIPANT'S behalf against any third party who may be liable 18,478
for the cost of medical services and care arising out of the 18,479
recipient's OR PARTICIPANT'S injury, disease, or disability;
(B) Institute and pursue legal proceedings against any 18,481
third party who may be liable for the cost of medical services 18,482
and care arising out of the recipient's OR PARTICIPANT'S injury, 18,483
disease, or disability; 18,484
(C) Initiate legal proceedings in conjunction with the 18,486
injured, diseased, or disabled recipient or his PARTICIPANT OR 18,487
THE RECIPIENT'S OR PARTICIPANT'S legal representative. 18,488
Subrogation rights created by this section may be enforced 18,490
separately or jointly by the department of human services and the 18,491
county department of human services. 18,492
The right of subrogation given to the department under this 18,494
section does not include rights to support from any other person 18,495
assigned to the state under sections 5107.07 5107.25 and 5115.13 18,497
of the Revised Code, but includes payments made by a third party 18,498
under contract with a person having a duty to support. 18,499
Sec. 5101.59. (A) The application for or acceptance of 18,508
aid under Chapter 5107., 5111., or 5115. of the Revised Code 18,510
PUBLIC ASSISTANCE constitutes an automatic assignment of certain 18,511
rights to the department of human services. This assignment 18,512
includes the rights of the applicant or, recipient, OR 18,513
PARTICIPANT and also the rights of any other member of the 18,515
assistance group for whom the applicant or, recipient, OR 18,516
PARTICIPANT can legally make an assignment.
Pursuant to this section, the applicant or, recipient, OR 18,519
PARTICIPANT assigns to the department any rights to medical
support available to him THE APPLICANT, RECIPIENT, OR PARTICIPANT 18,520
or for other members of the assistance group under an order of a 18,522
court or administrative agency, and any rights to payments from 18,523
449
any third party liable to pay for the cost of medical care and 18,524
services arising out of injury, disease, or disability of the 18,525
applicant or, recipient, PARTICIPANT, or other members of the 18,526
assistance group. 18,527
Medicare benefits shall not be assigned pursuant to this 18,529
section. Benefits assigned to the department by operation of 18,530
this section are directly reimbursable to the department by 18,531
liable third parties. 18,532
(B) Refusal by the applicant or, recipient, OR PARTICIPANT 18,535
to cooperate in obtaining medical support and payments for 18,536
himself SELF or any other member of the assistance group renders 18,537
the applicant or, recipient, OR PARTICIPANT ineligible for PUBLIC 18,538
assistance, unless cooperation is waived by the department. 18,539
Eligibility shall continue for any individual who cannot legally 18,540
assign his THE INDIVIDUAL'S own rights and who would have been 18,541
eligible for PUBLIC assistance but for the refusal to assign his 18,542
THE INDIVIDUAL'S rights or to cooperate as required by this 18,544
section by another person legally able to assign his THE 18,545
INDIVIDUAL'S rights.
If the applicant or, recipient, OR PARTICIPANT or any 18,548
member of the assistance group becomes ineligible for aid under 18,549
Chapter 5107., 5111., or 5115. of the Revised Code PUBLIC 18,551
ASSISTANCE, the department shall restore to him THE APPLICANT, 18,552
RECIPIENT, PARTICIPANT, OR MEMBER OF THE ASSISTANCE GROUP any 18,553
future rights to benefits assigned under this section. 18,554
The rights of assignment given to the department under this 18,556
section do not include rights to support assigned under section 18,557
5107.07 5107.25 or 5115.13 of the Revised Code. 18,558
(C) THE DEPARTMENT MAY ADOPT RULES IN ACCORDANCE WITH 18,561
CHAPTER 119. OF THE REVISED CODE TO IMPLEMENT THIS SECTION,
INCLUDING RULES THAT SPECIFY WHAT CONSTITUTES COOPERATING WITH 18,562
EFFORTS TO OBTAIN MEDICAL SUPPORT AND PAYMENTS AND WHEN THE 18,563
COOPERATION REQUIREMENT MAY BE WAIVED.
Sec. 5101.93. (A) There is hereby established a welfare 18,573
450
oversight council consisting of ten EIGHT VOTING members, four of 18,574
whom shall be members of the house of representatives, two 18,575
appointed by the speaker and two appointed by the minority leader 18,576
of the house of representatives, not more than two of whom shall 18,577
be members of the same political party, and four of whom shall be 18,578
members of the senate, two appointed by the president and two 18,579
appointed by the minority leader of the senate, not more than two 18,580
of whom shall be members of the same political party. The 18,581
director of administrative services, the administrator of the 18,582
bureau of employment services, and the director of human services 18,583
shall be ex officio nonvoting members, and two representatives of 18,584
the general public appointed by the governor shall be nonvoting 18,585
members of the council. The council may, by a majority vote, add 18,587
other nonvoting members to the council. A vacancy on the council 18,589
shall be filled in the same manner as the original appointment. 18,590
(B) The speaker of the house of representatives shall 18,592
designate the initial chairperson of the welfare oversight 18,593
council and the president of the senate shall designate the 18,594
initial vice-chairperson of the council. Thereafter, the 18,595
authority to designate the chairperson and the vice-chairperson 18,596
shall alternate between the speaker of the house and the 18,597
president of the senate. The chairperson and vice-chairperson 18,598
and other members of the council shall serve one-year terms. The 18,599
THE council shall meet at least once every three months. 18,602
The TWICE A YEAR IN COLUMBUS OR OTHER LOCATIONS SELECTED BY THE 18,603
CHAIRPERSON TO MONITOR AND REVIEW THE OHIO WORKS FIRST PROGRAM 18,605
ESTABLISHED UNDER CHAPTER 5107. OF THE REVISED CODE AND THE 18,608
DEPARTMENT OF HUMAN SERVICES, COUNTY DEPARTMENTS OF HUMAN 18,609
SERVICES, CHILD SUPPORT ENFORCEMENT AGENCIES, AND PUBLIC CHILDREN 18,610
SERVICES AGENCIES. THE COUNCIL MAY VISIT THE DEPARTMENT, COUNTY 18,611
DEPARTMENTS, AND AGENCIES. 18,612
THE chairperson of the council shall determine the agenda 18,615
for each meeting of the council, except that if at least four 18,616
legislative members of the council submit a written request to 18,617
451
the chairperson to consider an item, the chairperson shall place 18,618
the item on the agenda of the council's next regularly scheduled 18,619
meeting occurring more than ten days after the written request is 18,620
submitted to the chairperson.
(C) The members of the welfare oversight council shall 18,622
serve without compensation but shall be reimbursed for their 18,623
actual and necessary expenses incurred in the discharge of their 18,624
official duties. In the discharge of its duties the council may 18,626
issue subpoenas compelling the attendance of witnesses and the 18,627
production of any records of the state department OF HUMAN
SERVICES or local agencies. The council shall adopt rules to 18,628
implement this section. 18,629
(D) The welfare oversight council shall monitor and review 18,632
the department of human services and county departments of human 18,633
services in their implementation of sections 5101.80 to 5101.94 18,634
of the Revised Code and the implementation of other programs 18,635
within the jurisdiction of the state and county departments. The 18,636
council shall advise the general assembly on the performance of 18,637
the state and DEPARTMENT OF HUMAN SERVICES, county departments 18,638
with regard to the requirements of sections 5101.80 to 5101.94 of 18,639
the Revised Code and such other programs OF HUMAN SERVICES, CHILD 18,640
SUPPORT ENFORCEMENT AGENCIES, AND PUBLIC CHILDREN SERVICES 18,641
AGENCIES. The council shall also submit recommendations to the 18,643
general assembly for any changes in law that the council 18,644
considers necessary or appropriate.
Sec. 5101.97. (A)(1) Not later than January 1, 1996 1998, 18,654
and the first day of each July and January thereafter, the 18,655
department of human services shall submit four reports, one for 18,656
each of COMPLETE A REPORT ON THE CHARACTERISTICS OF THE 18,657
INDIVIDUALS WHO PARTICIPATE IN OR RECEIVE SERVICES THROUGH THE 18,658
PROGRAMS OPERATED BY THE DEPARTMENT AND THE OUTCOMES OF THE 18,659
INDIVIDUALS' PARTICIPATION IN OR RECEIPT OF SERVICES THROUGH THE 18,660
PROGRAMS. THE REPORT SHALL INCLUDE INFORMATION ON the following: 18,662
(A) The job opportunities and basic skills training 18,664
452
program (a) WORK ACTIVITIES, DEVELOPMENTAL ACTIVITIES, AND 18,665
ALTERNATIVE WORK ACTIVITIES established under section 5101.81 18,667
SECTIONS 5107.40 TO 5107.68 of the Revised Code; 18,668
(B)(b) Programs of publicly funded child day-care, as 18,670
defined in section 5104.01 of the Revised Code; 18,671
(C)(c) Child support enforcement programs; 18,673
(D)(d) Births to recipients of the medical assistance 18,675
program established under Chapter 5111. of the Revised Code. 18,676
(2) NOT LATER THAN JULY 1, 1999, AND THE FIRST DAY OF EACH 18,680
JULY THEREAFTER, THE DEPARTMENT SHALL COMPLETE A PROGRESS REPORT 18,681
ON THE PARTNERSHIP AGREEMENTS BETWEEN THE DIRECTOR OF HUMAN 18,682
SERVICES AND BOARDS OF COUNTY COMMISSIONERS UNDER SECTION 5101.21 18,683
OF THE REVISED CODE. THE REPORT SHALL INCLUDE A REVIEW OF 18,685
WHETHER THE COUNTY SOCIAL SERVICE AGENCIES SATISFIED PERFORMANCE 18,686
STANDARDS INCLUDED IN THE AGREEMENTS.
(3) The department shall submit the four semiannual 18,688
reports REQUIRED UNDER DIVISIONS (A)(1) AND (2) OF THIS SECTION 18,690
to the speaker and minority leader of the house of
representatives, the president and minority leader of the senate, 18,692
the legislative budget officer, the director of budget and 18,693
management, and each board of county commissioners. Each report 18,694
shall address the six-month period that ended six months prior to 18,695
the deadline for the report to be submitted. The department 18,696
shall provide copies of each report to any person or government 18,697
entity on request.
In designing the format for each report, the department 18,699
shall consult with individuals, organizations, and government 18,700
entities interested in the operation of the program to which the 18,701
report will pertain PROGRAMS OPERATED BY THE DEPARTMENT, so that 18,702
it is THE REPORTS ARE designed to enable the general assembly and 18,704
the public to evaluate the program's effectiveness OF THE 18,705
PROGRAMS and identify any needs THAT the program is PROGRAMS ARE 18,706
not meeting. The department shall complete the format for each 18,707
of the four reports no later than September 30, 1995.
453
(B) WHENEVER THE FEDERAL GOVERNMENT REQUIRES THAT THE 18,710
DEPARTMENT SUBMIT A REPORT ON A PROGRAM THAT IS OPERATED BY THE 18,711
DEPARTMENT OR IS OTHERWISE UNDER THE DEPARTMENT'S JURISDICTION, 18,712
THE DEPARTMENT SHALL PREPARE AND SUBMIT THE REPORT IN ACCORDANCE 18,713
WITH THE FEDERAL REQUIREMENTS APPLICABLE TO THAT REPORT. TO THE 18,714
EXTENT POSSIBLE, THE DEPARTMENT MAY COORDINATE THE PREPARATION 18,715
AND SUBMISSION OF A PARTICULAR REPORT WITH ANY OTHER REPORT, 18,716
PLAN, OR OTHER DOCUMENT REQUIRED TO BE SUBMITTED TO THE FEDERAL 18,717
GOVERNMENT, AS WELL AS WITH ANY REPORT REQUIRED TO BE SUBMITTED 18,718
TO THE GENERAL ASSEMBLY. THE REPORTS REQUIRED BY THE PERSONAL 18,720
RESPONSIBILITY AND WORK OPPORTUNITY RECONCILIATION ACT OF 1996 18,722
(P.L. 104-193) MAY BE SUBMITTED AS AN ANNUAL SUMMARY. 18,723
Sec. 5101.99. (A) Except as provided under section 18,732
5101.88 or 5101.881 of the Revised Code, any person, other than 18,735
an employer of persons under sections 5101.80 to 5101.94 of the 18,736
Revised Code, who violates section 5101.94 of the Revised Code 18,738
shall be denied assistance under Chapter 5107. of the Revised 18,740
Code for six months following the determination of such 18,741
violation.
(B) Any employer who violates section 5101.94 of the 18,743
Revised Code shall be subject to a fine of one thousand dollars 18,744
and imprisonment for six months. 18,745
(C) Whoever violates division (A) or (B) of section 18,747
5101.61 of the Revised Code shall be fined not more than five 18,749
hundred dollars.
(D)(B) Whoever violates division (F) of section 5101.31 of 18,752
the Revised Code shall be fined not more than five hundred
dollars, or imprisoned not more than six months, or both. 18,754
(C) WHOEVER VIOLATES DIVISION (A) OF SECTION 5101.27 OF 18,757
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 18,766
the Revised Code: 18,767
(A) "Institution" or "association" includes any 18,769
incorporated or unincorporated organization, society, 18,770
454
association, or agency, public or private, that receives or cares 18,771
for children for two or more consecutive weeks; any individual 18,773
who, for hire, gain, or reward, receives or cares for children 18,774
for two or more consecutive weeks, unless the individual is
related to them by blood or marriage; and any individual not in 18,775
the regular employ of a court, or of an institution or 18,777
association certified in accordance with section 5103.03 of the 18,778
Revised Code, who in any manner becomes a party to the placing of 18,779
children in foster homes, unless the individual is related to 18,780
such children by blood or marriage, or is the appointed guardian
of such children; provided, that any organization, society, 18,781
association, school, agency, child guidance center, detention or 18,782
rehabilitation facility, or children's clinic licensed, 18,783
regulated, approved, operated under the direction of, or 18,784
otherwise certified by the department of education, a local board 18,785
of education, the department of youth services, the department of 18,786
mental health, or the department of mental retardation and 18,787
developmental disabilities, or any individual who provides care 18,788
for only a single-family group, placed there by their parents or 18,789
other relative having custody, shall not be considered as being 18,790
within the purview of these sections. 18,791
(B) "Family foster home," "foster home," "private child 18,794
placing agency," "private noncustodial agency," "public children 18,795
services agency," and "treatment foster home" have HAS the same 18,796
meanings MEANING as in section 2151.011 of the Revised Code. 18,797
(C) "TREATMENT FOSTER HOME" MEANS A FAMILY FOSTER HOME 18,799
THAT INCORPORATES SPECIAL PSYCHOLOGICAL OR MEDICAL TREATMENT 18,800
DESIGNED TO CARE FOR THE SPECIFIC NEEDS OF THE CHILDREN RECEIVED 18,801
IN THE FAMILY FOSTER HOME AND THAT RECEIVES AND CARES FOR 18,802
CHILDREN WHO ARE EMOTIONALLY OR BEHAVIORALLY DISTURBED, MEDICALLY 18,803
FRAGILE REQUIRING SPECIAL MEDICAL TREATMENT DUE TO PHYSICAL
AILMENT OR CONDITION, MENTALLY RETARDED, OR DEVELOPMENTALLY 18,804
DISABLED.
Sec. 5103.154. (A) Information concerning all children 18,814
455
who are, pursuant to section 2151.353 or 5103.15 of the Revised 18,815
Code, in the permanent custody of an institution or association 18,816
certified by the department of human services under section
5103.03 of the Revised Code shall be listed with the department 18,817
of human services within ninety days after permanent custody is 18,819
effective, unless the child has been placed for adoption or 18,820
unless an application for placement was initiated under section 18,821
5103.16 of the Revised Code.
(B) All persons who wish to adopt children, and are 18,823
approved by an agency so empowered under this chapter, shall be 18,824
listed with the department of human services within ninety days 18,825
of approval, unless a person requests in writing that that 18,826
person's name not be so listed, or has had a child placed in that 18,828
person's home in preparation for adoption, or has filed a 18,829
petition for adoption.
(C) All persons who wish to adopt a child with special 18,831
needs as defined in rules adopted under section 5153.163 of the 18,832
Revised Code, and who are approved by an agency so empowered 18,833
under this chapter, shall be listed separately by the department 18,834
of human services within ninety days of approval, unless a person 18,835
requests in writing that that person's name not be so listed, or 18,836
has had a child with special needs placed in that person's home 18,837
in preparation for adoption, or has filed a petition for 18,839
adoption.
(D) The department shall forward information on such 18,841
children and listed persons at least quarterly, to all county 18,842
departments of human services, county PUBLIC children services 18,843
boards, AGENCIES and all certified agencies. 18,844
(E) The appropriate listed names shall be removed when a 18,846
child is placed in an adoptive home or when a person withdraws an 18,847
application for adoption. 18,848
(F) No later than six months after the end of each fiscal 18,850
year, the department of human services shall compile a report of 18,851
its conclusions regarding the effectiveness of its actions 18,852
456
pursuant to this section and of the restrictions on placement 18,853
under division (E) of section 5153.163 of the Revised Code in 18,855
increasing adoptive placements of children with special needs,
together with its recommendations, and shall submit a copy of the 18,856
report to the chairpersons of the principal committees of the 18,857
senate and the house of representatives who consider welfare 18,858
legislation.
Sec. 5104.01. As used in this chapter: 18,867
(A) "ADMINISTRATOR" MEANS THE PERSON RESPONSIBLE FOR THE 18,869
DAILY OPERATION OF A CENTER OR TYPE A HOME. THE ADMINISTRATOR 18,870
AND THE OWNER MAY BE THE SAME PERSON. 18,871
(B) "APPROVED CHILD DAY CAMP" MEANS A CHILD DAY CAMP 18,873
APPROVED PURSUANT TO SECTION 5104.22 OF THE REVISED CODE. 18,874
(C) "AUTHORIZED PROVIDER" MEANS A PERSON AUTHORIZED BY A 18,876
COUNTY DIRECTOR OF HUMAN SERVICES TO OPERATE A CERTIFIED TYPE B 18,877
FAMILY DAY-CARE HOME. 18,878
(D) "CARETAKER PARENT" MEANS THE FATHER OR MOTHER OF A 18,880
CHILD WHOSE PRESENCE IN THE HOME IS NEEDED AS THE CARETAKER OF 18,881
THE CHILD, A PERSON WHO HAS LEGAL CUSTODY OF A CHILD AND WHOSE 18,882
PRESENCE IN THE HOME IS NEEDED AS THE CARETAKER OF THE CHILD, A 18,883
GUARDIAN OF A CHILD WHOSE PRESENCE IN THE HOME IS NEEDED AS THE 18,884
CARETAKER OF THE CHILD, AND ANY OTHER PERSON WHO STANDS IN LOCO 18,885
PARENTIS WITH RESPECT TO THE CHILD AND WHOSE PRESENCE IN THE HOME 18,886
IS NEEDED AS THE CARETAKER OF THE CHILD. 18,887
(E) "CERTIFIED TYPE B FAMILY DAY-CARE HOME" AND "CERTIFIED 18,890
TYPE B HOME" MEAN A TYPE B FAMILY DAY-CARE HOME THAT IS CERTIFIED 18,891
BY THE DIRECTOR OF THE COUNTY DEPARTMENT OF HUMAN SERVICES
PURSUANT TO SECTION 5104.11 OF THE REVISED CODE TO RECEIVE PUBLIC 18,892
FUNDS FOR PROVIDING CHILD DAY-CARE PURSUANT TO THIS CHAPTER AND 18,893
ANY RULES ADOPTED UNDER IT. 18,894
(F) "CHARTERED NONPUBLIC SCHOOL" MEANS A SCHOOL THAT MEETS 18,897
STANDARDS FOR NONPUBLIC SCHOOLS PRESCRIBED BY THE STATE BOARD OF 18,898
EDUCATION FOR NONPUBLIC SCHOOLS PURSUANT TO SECTION 3301.07 OF 18,899
THE REVISED CODE.
457
(G) "CHILD" INCLUDES AN INFANT, TODDLER, PRESCHOOL CHILD, 18,901
OR SCHOOL CHILD. 18,902
(H) "CHILD CARE BLOCK GRANT ACT" MEANS THE "CHILD CARE AND 18,905
DEVELOPMENT BLOCK GRANT ACT OF 1990," ESTABLISHED IN SECTION 5082 18,906
OF THE "OMNIBUS BUDGET RECONCILIATION ACT OF 1990," 104 STAT. 18,908
1388-236 (1990), 42 U.S.C. 9858, AS AMENDED.
(I) "CHILD DAY CAMP" MEANS A PROGRAM IN WHICH ONLY SCHOOL 18,910
CHILDREN ATTEND OR PARTICIPATE, THAT OPERATES FOR NO MORE THAN 18,911
SEVEN HOURS PER DAY, THAT OPERATES ONLY DURING ONE OR MORE PUBLIC 18,912
SCHOOL DISTRICT'S REGULAR VACATION PERIODS OR FOR NO MORE THAN 18,913
FIFTEEN WEEKS DURING THE SUMMER, AND THAT OPERATES OUTDOOR 18,914
ACTIVITIES FOR EACH CHILD WHO ATTENDS OR PARTICIPATES IN THE 18,915
PROGRAM FOR A MINIMUM OF FIFTY PER CENT OF EACH DAY THAT CHILDREN 18,916
ATTEND OR PARTICIPATE IN THE PROGRAM, EXCEPT FOR ANY DAY WHEN 18,917
HAZARDOUS WEATHER CONDITIONS PREVENT THE PROGRAM FROM OPERATING 18,918
OUTDOOR ACTIVITIES FOR A MINIMUM OF FIFTY PER CENT OF THAT DAY. 18,919
FOR PURPOSES OF THIS DIVISION, THE MAXIMUM SEVEN HOURS OF 18,920
OPERATION TIME DOES NOT INCLUDE TRANSPORTATION TIME FROM A 18,921
CHILD'S HOME TO A CHILD DAY CAMP AND FROM A CHILD DAY CAMP TO A 18,922
CHILD'S HOME. 18,923
(J) "Child day-care" means administering to the needs of 18,925
infants, toddlers, pre-school PRESCHOOL children, and school 18,926
children outside of school hours by persons other than their 18,927
parents or guardians, custodians, or relatives by blood, 18,928
marriage, or adoption for any part of the twenty-four-hour day in 18,929
a place or residence other than a child's own home. 18,930
(B)(K) "CHILD DAY-CARE CENTER" AND "CENTER" MEAN ANY PLACE 18,932
IN WHICH CHILD DAY-CARE OR PUBLICLY FUNDED CHILD DAY-CARE IS 18,933
PROVIDED FOR THIRTEEN OR MORE CHILDREN AT ONE TIME OR ANY PLACE 18,934
THAT IS NOT THE PERMANENT RESIDENCE OF THE LICENSEE OR 18,935
ADMINISTRATOR IN WHICH CHILD DAY-CARE OR PUBLICLY FUNDED CHILD 18,936
DAY-CARE IS PROVIDED FOR SEVEN TO TWELVE CHILDREN AT ONE TIME. 18,937
IN COUNTING CHILDREN FOR THE PURPOSES OF THIS DIVISION, ANY 18,938
CHILDREN UNDER SIX YEARS OF AGE WHO ARE RELATED TO A LICENSEE, 18,939
458
ADMINISTRATOR, OR EMPLOYEE AND WHO ARE ON THE PREMISES OF THE 18,940
CENTER SHALL BE COUNTED. "CHILD DAY-CARE CENTER" AND "CENTER" DO 18,941
NOT INCLUDE ANY OF THE FOLLOWING: 18,942
(1) A PLACE LOCATED IN AND OPERATED BY A HOSPITAL, AS 18,944
DEFINED IN SECTION 3727.01 OF THE REVISED CODE, IN WHICH THE 18,945
NEEDS OF CHILDREN ARE ADMINISTERED TO, IF ALL THE CHILDREN WHOSE 18,946
NEEDS ARE BEING ADMINISTERED TO ARE MONITORED UNDER THE ON-SITE 18,947
SUPERVISION OF A PHYSICIAN LICENSED UNDER CHAPTER 4731. OF THE 18,948
REVISED CODE OR A REGISTERED NURSE LICENSED UNDER CHAPTER 4723. 18,949
OF THE REVISED CODE, AND THE SERVICES ARE PROVIDED ONLY FOR 18,950
CHILDREN WHO, IN THE OPINION OF THE CHILD'S PARENT, GUARDIAN, OR 18,951
CUSTODIAN, ARE EXHIBITING SYMPTOMS OF A COMMUNICABLE DISEASE OR 18,952
OTHER ILLNESS OR ARE INJURED; 18,953
(2) A CHILD DAY CAMP; 18,955
(3) A PLACE LOCATED AT A CHILD DAY CAMP THAT PROVIDES 18,957
CHILD DAY-CARE, BUT NOT PUBLICLY FUNDED CHILD DAY-CARE, IF ALL OF 18,958
THE FOLLOWING APPLY: 18,959
(a) AN ORGANIZED RELIGIOUS BODY PROVIDES THE CHILD 18,962
DAY-CARE;
(b) A PARENT, CUSTODIAN, OR GUARDIAN OF AT LEAST ONE CHILD 18,965
RECEIVING CHILD DAY-CARE IS ON THE PREMISES AND READILY 18,966
ACCESSIBLE AT ALL TIMES;
(c) THE CHILD DAY-CARE IS NOT PROVIDED FOR MORE THAN 18,968
THIRTY DAYS A YEAR; 18,969
(d) THE CHILD DAY-CARE IS PROVIDED ONLY FOR PRESCHOOL AND 18,971
SCHOOL CHILDREN. 18,972
(L) "CHILD DAY-CARE RESOURCE AND REFERRAL SERVICE 18,974
ORGANIZATION" MEANS A COMMUNITY-BASED NONPROFIT ORGANIZATION THAT 18,975
PROVIDES CHILD DAY-CARE RESOURCE AND REFERRAL SERVICES BUT NOT 18,976
CHILD DAY-CARE.
(M) "CHILD DAY-CARE RESOURCE AND REFERRAL SERVICES" MEANS 18,978
ALL OF THE FOLLOWING SERVICES: 18,979
(1) MAINTENANCE OF A UNIFORM DATA BASE OF ALL CHILD 18,981
DAY-CARE PROVIDERS IN THE COMMUNITY THAT ARE IN COMPLIANCE WITH 18,982
459
THIS CHAPTER, INCLUDING CURRENT OCCUPANCY AND VACANCY DATA; 18,983
(2) PROVISION OF INDIVIDUALIZED CONSUMER EDUCATION TO 18,985
FAMILIES SEEKING CHILD DAY-CARE; 18,986
(3) PROVISION OF TIMELY REFERRALS OF AVAILABLE CHILD 18,988
DAY-CARE PROVIDERS TO FAMILIES SEEKING CHILD DAY-CARE; 18,989
(4) RECRUITMENT OF CHILD DAY-CARE PROVIDERS; 18,991
(5) ASSISTANCE IN THE DEVELOPMENT, CONDUCT, AND 18,993
DISSEMINATION OF TRAINING FOR CHILD DAY-CARE PROVIDERS AND 18,995
PROVISION OF TECHNICAL ASSISTANCE TO CURRENT AND POTENTIAL CHILD 18,996
DAY-CARE PROVIDERS, EMPLOYERS, AND THE COMMUNITY;
(6) COLLECTION AND ANALYSIS OF DATA ON THE SUPPLY OF AND 18,998
DEMAND FOR CHILD DAY-CARE IN THE COMMUNITY; 18,999
(7) TECHNICAL ASSISTANCE CONCERNING LOCALLY, STATE, AND 19,001
FEDERALLY FUNDED CHILD DAY-CARE AND EARLY CHILDHOOD EDUCATION 19,002
PROGRAMS;
(8) STIMULATION OF EMPLOYER INVOLVEMENT IN MAKING CHILD 19,004
DAY-CARE MORE AFFORDABLE, MORE AVAILABLE, SAFER, AND OF HIGHER 19,005
QUALITY FOR THEIR EMPLOYEES AND FOR THE COMMUNITY; 19,006
(9) PROVISION OF WRITTEN EDUCATIONAL MATERIALS TO 19,008
CARETAKER PARENTS AND INFORMATIONAL RESOURCES TO CHILD DAY-CARE 19,009
PROVIDERS; 19,010
(10) COORDINATION OF SERVICES AMONG CHILD DAY-CARE 19,012
RESOURCE AND REFERRAL SERVICE ORGANIZATIONS TO ASSIST IN 19,013
DEVELOPING AND MAINTAINING A STATEWIDE SYSTEM OF CHILD DAY-CARE 19,014
RESOURCE AND REFERRAL SERVICES IF REQUIRED BY THE DEPARTMENT OF 19,015
HUMAN SERVICES;
(11) COOPERATION WITH THE COUNTY DEPARTMENT OF HUMAN 19,017
SERVICES IN ENCOURAGING THE ESTABLISHMENT OF PARENT COOPERATIVE 19,018
CHILD DAY-CARE CENTERS AND PARENT COOPERATIVE TYPE A FAMILY 19,020
DAY-CARE HOMES.
(N) "CHILD-CARE STAFF MEMBER" MEANS AN EMPLOYEE OF A CHILD 19,023
DAY-CARE CENTER OR TYPE A FAMILY DAY-CARE HOME WHO IS PRIMARILY 19,024
RESPONSIBLE FOR THE CARE AND SUPERVISION OF CHILDREN. THE 19,025
ADMINISTRATOR MAY BE A PART-TIME CHILD-CARE STAFF MEMBER WHEN NOT 19,026
460
INVOLVED IN OTHER DUTIES.
(O) "DROP-IN CHILD DAY-CARE CENTER," "DROP-IN CENTER," 19,028
"DROP-IN TYPE A FAMILY DAY-CARE HOME," AND "DROP-IN TYPE A HOME" 19,030
MEAN A CENTER OR TYPE A HOME THAT PROVIDES CHILD DAY-CARE OR
PUBLICLY FUNDED CHILD DAY-CARE FOR CHILDREN ON A TEMPORARY, 19,031
IRREGULAR BASIS. 19,032
(P) "EMPLOYEE" MEANS A PERSON WHO EITHER: 19,034
(1) RECEIVES COMPENSATION FOR DUTIES PERFORMED IN A CHILD 19,036
DAY-CARE CENTER OR TYPE A FAMILY DAY-CARE HOME; 19,037
(2) IS ASSIGNED SPECIFIC WORKING HOURS OR DUTIES IN A 19,039
CHILD DAY-CARE CENTER OR TYPE A FAMILY DAY-CARE HOME. 19,040
(Q) "EMPLOYER" MEANS A PERSON, FIRM, INSTITUTION, 19,042
ORGANIZATION, OR AGENCY THAT OPERATES A CHILD DAY-CARE CENTER OR 19,043
TYPE A FAMILY DAY-CARE HOME SUBJECT TO LICENSURE UNDER THIS 19,044
CHAPTER.
(R) "FEDERAL POVERTY LINE" MEANS THE OFFICIAL POVERTY 19,046
GUIDELINE AS REVISED ANNUALLY IN ACCORDANCE WITH SECTION 673(2) 19,047
OF THE "OMNIBUS BUDGET RECONCILIATION ACT OF 1981," 95 STAT. 511, 19,049
42 U.S.C. 9902, AS AMENDED, FOR A FAMILY SIZE EQUAL TO THE SIZE 19,050
OF THE FAMILY OF THE PERSON WHOSE INCOME IS BEING DETERMINED. 19,051
(S) "HEAD START PROGRAM" MEANS A COMPREHENSIVE CHILD 19,053
DEVELOPMENT PROGRAM THAT RECEIVES FUNDS DISTRIBUTED UNDER THE 19,055
"HEAD START ACT," 95 STAT. 499 (1981), 42 U.S.C. 9831, AS 19,056
AMENDED, OR UNDER SECTION 3301.31 OF THE REVISED CODE.
(T) "INCOME" MEANS GROSS INCOME, AS DEFINED IN SECTION 19,058
5107.03 OF THE REVISED CODE, LESS ANY AMOUNTS REQUIRED BY FEDERAL 19,059
STATUTES OR REGULATIONS TO BE DISREGARDED. 19,060
(U) "INDICATOR CHECKLIST" MEANS AN INSPECTION TOOL, USED 19,062
IN CONJUNCTION WITH AN INSTRUMENT-BASED PROGRAM MONITORING 19,063
INFORMATION SYSTEM, THAT CONTAINS SELECTED LICENSING REQUIREMENTS 19,064
THAT ARE STATISTICALLY RELIABLE INDICATORS OR PREDICTORS OF A 19,065
CHILD DAY-CARE CENTER OR TYPE A FAMILY DAY-CARE HOME'S COMPLIANCE 19,066
WITH LICENSING REQUIREMENTS.
(V) "INFANT" MEANS A CHILD WHO IS LESS THAN EIGHTEEN 19,069
461
MONTHS OF AGE.
(W) "IN-HOME AIDE" MEANS A PERSON CERTIFIED BY A COUNTY 19,071
DIRECTOR OF HUMAN SERVICES PURSUANT TO SECTION 5104.12 OF THE 19,072
REVISED CODE TO PROVIDE PUBLICLY FUNDED CHILD DAY-CARE TO A CHILD 19,073
IN A CHILD'S OWN HOME PURSUANT TO THIS CHAPTER AND ANY RULES 19,074
ADOPTED UNDER IT. 19,075
(X) "INSTRUMENT-BASED PROGRAM MONITORING INFORMATION 19,077
SYSTEM" MEANS A METHOD TO ASSESS COMPLIANCE WITH LICENSING 19,078
REQUIREMENTS FOR CHILD DAY-CARE CENTERS AND TYPE A FAMILY 19,079
DAY-CARE HOMES IN WHICH EACH LICENSING REQUIREMENT IS ASSIGNED A 19,080
WEIGHT INDICATIVE OF THE RELATIVE IMPORTANCE OF THE REQUIREMENT 19,081
TO THE HEALTH, GROWTH, AND SAFETY OF THE CHILDREN THAT IS USED TO 19,082
DEVELOP AN INDICATOR CHECKLIST.
(Y) "LICENSE CAPACITY" MEANS THE MAXIMUM NUMBER IN EACH 19,084
AGE CATEGORY OF CHILDREN WHO MAY BE CARED FOR IN A CHILD DAY-CARE 19,085
CENTER OR TYPE A FAMILY DAY-CARE HOME AT ONE TIME AS DETERMINED 19,086
BY THE DIRECTOR OF HUMAN SERVICES CONSIDERING BUILDING OCCUPANCY 19,087
LIMITS ESTABLISHED BY THE DEPARTMENT OF COMMERCE, NUMBER OF 19,088
AVAILABLE CHILD-CARE STAFF MEMBERS, AMOUNT OF AVAILABLE INDOOR 19,089
FLOOR SPACE AND OUTDOOR PLAY SPACE, AND AMOUNT OF AVAILABLE PLAY 19,090
EQUIPMENT, MATERIALS, AND SUPPLIES.
(Z) "LICENSED PRESCHOOL PROGRAM" OR "LICENSED SCHOOL CHILD 19,093
PROGRAM" MEANS A PRESCHOOL PROGRAM OR SCHOOL CHILD PROGRAM, AS 19,094
DEFINED IN SECTION 3301.52 OF THE REVISED CODE, THAT IS LICENSED 19,095
BY THE DEPARTMENT OF EDUCATION PURSUANT TO SECTIONS 3301.52 TO 19,096
3301.59 OF THE REVISED CODE.
(AA) "LICENSEE" MEANS THE OWNER OF A CHILD DAY-CARE CENTER 19,098
OR TYPE A FAMILY DAY-CARE HOME THAT IS LICENSED PURSUANT TO THIS 19,099
CHAPTER AND WHO IS RESPONSIBLE FOR ENSURING ITS COMPLIANCE WITH 19,100
THIS CHAPTER AND RULES PROMULGATED PURSUANT TO THIS CHAPTER. 19,101
(BB) "OPERATE A CHILD DAY CAMP" MEANS TO OPERATE, 19,103
ESTABLISH, MANAGE, CONDUCT, OR MAINTAIN A CHILD DAY CAMP. 19,104
(CC) "OWNER" INCLUDES A PERSON, AS DEFINED IN SECTION 1.59 19,106
OF THE REVISED CODE, OR GOVERNMENT ENTITY. 19,107
462
(DD) "PARENT COOPERATIVE CHILD DAY-CARE CENTER," "PARENT 19,109
COOPERATIVE CENTER," "PARENT COOPERATIVE TYPE A FAMILY DAY-CARE 19,110
HOME," AND "PARENT COOPERATIVE TYPE A HOME" MEAN A CORPORATION OR 19,111
ASSOCIATION ORGANIZED FOR PROVIDING EDUCATIONAL SERVICES TO THE 19,112
CHILDREN OF MEMBERS OF THE CORPORATION OR ASSOCIATION, WITHOUT 19,113
GAIN TO THE CORPORATION OR ASSOCIATION AS AN ENTITY, IN WHICH THE 19,114
SERVICES OF THE CORPORATION OR ASSOCIATION ARE PROVIDED ONLY TO 19,115
CHILDREN OF THE MEMBERS OF THE CORPORATION OR ASSOCIATION, 19,116
OWNERSHIP AND CONTROL OF THE CORPORATION OR ASSOCIATION RESTS 19,117
SOLELY WITH THE MEMBERS OF THE CORPORATION OR ASSOCIATION, AND AT 19,118
LEAST ONE PARENT-MEMBER OF THE CORPORATION OR ASSOCIATION IS ON 19,119
THE PREMISES OF THE CENTER OR TYPE A HOME DURING ITS HOURS OF 19,120
OPERATION. 19,121
(EE) "PART-TIME CHILD DAY-CARE CENTER," "PART-TIME 19,123
CENTER," "PART-TIME TYPE A FAMILY DAY-CARE HOME," AND "PART-TIME 19,124
TYPE A HOME" MEAN A CENTER OR TYPE A HOME THAT PROVIDES CHILD 19,125
DAY-CARE OR PUBLICLY FUNDED CHILD DAY-CARE FOR NO MORE THAN FOUR 19,126
HOURS A DAY FOR ANY CHILD. 19,127
(FF) "PLACE OF WORSHIP" MEANS A BUILDING WHERE ACTIVITIES 19,129
OF AN ORGANIZED RELIGIOUS GROUP ARE CONDUCTED AND INCLUDES THE 19,130
GROUNDS AND ANY OTHER BUILDINGS ON THE GROUNDS USED FOR SUCH 19,131
ACTIVITIES. 19,132
(GG) "PRESCHOOL CHILD" MEANS A CHILD WHO IS THREE YEARS 19,134
OLD OR OLDER BUT IS NOT A SCHOOL CHILD. 19,135
(HH) "PROTECTIVE DAY-CARE" MEANS PUBLICLY FUNDED CHILD 19,137
DAY-CARE FOR THE DIRECT CARE AND PROTECTION OF A CHILD TO WHOM 19,138
EITHER OF THE FOLLOWING APPLIES: 19,139
(1) A CASE PLAN PREPARED AND MAINTAINED FOR THE CHILD 19,141
PURSUANT TO SECTION 2151.412 OF THE REVISED CODE INDICATES A NEED 19,142
FOR PROTECTIVE DAY-CARE AND THE CHILD RESIDES WITH A PARENT, 19,143
STEPPARENT, GUARDIAN, OR ANOTHER PERSON WHO STANDS IN LOCO 19,144
PARENTIS AS DEFINED IN RULES ADOPTED UNDER SECTION 5104.38 OF THE 19,145
REVISED CODE;
(2) THE CHILD AND THE CHILD'S CARETAKER EITHER TEMPORARILY 19,147
463
RESIDE IN A FACILITY PROVIDING EMERGENCY SHELTER FOR HOMELESS 19,149
FAMILIES OR ARE DETERMINED BY THE COUNTY DEPARTMENT OF HUMAN 19,150
SERVICES TO BE HOMELESS, AND ARE OTHERWISE INELIGIBLE FOR 19,151
PUBLICLY FUNDED CHILD DAY-CARE. 19,152
(II) "Publicly funded child day-care" means administering 19,154
to the needs of infants, toddlers, pre-school PRESCHOOL children, 19,156
and school children during any part of the twenty-four-hour day
by persons other than their caretaker parents for remuneration 19,157
wholly or in part with federal or state funds distributed by the 19,158
department of human services. 19,159
(C) "Child day-care center" and "center" mean any place in 19,161
which child day-care or publicly funded child day-care is 19,162
provided for thirteen or more children at one time or any place 19,163
that is not the permanent residence of the licensee or 19,164
administrator in which child day-care or publicly funded child 19,165
day-care is provided for seven to twelve children at one time. 19,166
In counting children for the purposes of this division, any 19,167
children under six years of age who are related to a licensee, 19,168
administrator, or employee and who are on the premises of the 19,169
center shall be counted. "Child day-care center" and "center" do 19,170
not include any of the following: 19,171
(1) A place located in and operated by a hospital, as 19,173
defined in section 3727.01 of the Revised Code, in which the 19,174
needs of children are administered to, if all the children whose 19,175
needs are being administered to are monitored under the on-site 19,176
supervision of a physician licensed under Chapter 4731. of the 19,177
Revised Code or a registered nurse licensed under Chapter 4723. 19,178
of the Revised Code, and the services are provided only for 19,179
children who, in the opinion of the child's parent, guardian, or 19,180
custodian, are exhibiting symptoms of a communicable disease or 19,181
other illness or are injured; 19,182
(2) A child day camp; 19,184
(3) A place located at a child day camp that provides 19,186
child day-care, but not publicly funded child day-care, to 19,187
464
pre-school children if all of the following apply: 19,188
(a) An organized religious body operates the child day 19,190
camp and provides the child day-care; 19,191
(b) The child day camp is registered with the department 19,193
of human services under section 5104.21 of the Revised Code; 19,194
(c) A parent, custodian, or guardian of at least one 19,196
pre-school child receiving child day-care at the child day camp 19,197
is on the premises and readily accessible at all times; 19,198
(d) The child day-care is not provided for more than 19,200
thirty days a year; 19,201
(e) The child day-care is provided while school children 19,203
attend the child day camp. 19,204
(D)(JJ) "RELIGIOUS ACTIVITIES" MEANS ANY OF THE FOLLOWING: 19,206
WORSHIP OR OTHER RELIGIOUS SERVICES; RELIGIOUS INSTRUCTION; 19,207
SUNDAY SCHOOL CLASSES OR OTHER RELIGIOUS CLASSES CONDUCTED DURING 19,208
OR PRIOR TO WORSHIP OR OTHER RELIGIOUS SERVICES; YOUTH OR ADULT 19,209
FELLOWSHIP ACTIVITIES; CHOIR OR OTHER MUSICAL GROUP PRACTICES OR 19,210
PROGRAMS; MEALS; FESTIVALS; OR MEETINGS CONDUCTED BY AN ORGANIZED 19,211
RELIGIOUS GROUP. 19,212
(KK) "SCHOOL CHILD" MEANS A CHILD WHO IS ENROLLED IN OR IS 19,214
ELIGIBLE TO BE ENROLLED IN A GRADE OF KINDERGARTEN OR ABOVE BUT 19,215
IS LESS THAN FIFTEEN YEARS OLD. 19,216
(LL) "SCHOOL CHILD DAY-CARE CENTER," "SCHOOL CHILD 19,218
CENTER," "SCHOOL CHILD TYPE A FAMILY DAY-CARE HOME," AND "SCHOOL 19,219
CHILD TYPE A FAMILY HOME" MEAN A CENTER OR TYPE A HOME THAT 19,220
PROVIDES CHILD DAY-CARE FOR SCHOOL CHILDREN ONLY AND THAT DOES 19,222
EITHER OR BOTH OF THE FOLLOWING: 19,223
(1) OPERATES ONLY DURING THAT PART OF THE DAY THAT 19,225
IMMEDIATELY PRECEDES OR FOLLOWS THE PUBLIC SCHOOL DAY OF THE 19,226
SCHOOL DISTRICT IN WHICH THE CENTER OR TYPE A HOME IS LOCATED; 19,227
(2) OPERATES ONLY WHEN THE PUBLIC SCHOOLS IN THE SCHOOL 19,229
DISTRICT IN WHICH THE CENTER OR TYPE A HOME IS LOCATED ARE NOT 19,230
OPEN FOR INSTRUCTION WITH PUPILS IN ATTENDANCE. 19,231
(MM) "SPECIAL NEEDS DAY-CARE" MEANS PUBLICLY FUNDED CHILD 19,233
465
DAY-CARE THAT IS PROVIDED FOR A CHILD WHO IS PHYSICALLY OR 19,234
DEVELOPMENTALLY HANDICAPPED, MENTALLY RETARDED, OR MENTALLY ILL. 19,235
(NN) "STATE MEDIAN INCOME" MEANS THE STATE MEDIAN INCOME 19,237
CALCULATED BY THE DEPARTMENT OF DEVELOPMENT PURSUANT TO DIVISION 19,238
(A)(1)(g) OF SECTION 5709.61 OF THE REVISED CODE. 19,239
(OO) "TODDLER" MEANS A CHILD WHO IS AT LEAST EIGHTEEN 19,241
MONTHS OF AGE BUT LESS THAN THREE YEARS OF AGE. 19,242
(PP) "Type A family day-care home" and "type A home" mean 19,244
a permanent residence of the administrator in which child 19,245
day-care or publicly funded child day-care is provided for seven 19,246
to twelve children at one time or a permanent residence of the 19,247
administrator in which child day-care is provided for four to 19,248
twelve children at one time if four or more children at one time 19,249
are under two years of age. In counting children for the 19,250
purposes of this division, any children under six years of age 19,251
who are related to a licensee, administrator, or employee and who 19,252
are on the premises of the type A home shall be counted. "Type A 19,253
family day-care home" does not include a residence in which the 19,254
needs of children are administered to, if all of the children 19,255
whose needs are being administered to are siblings of the same 19,256
immediate family and the residence is the home of the siblings. 19,257
"Type A family day-care home" and "type A home" do not include 19,258
any child day camp. 19,259
(E)(QQ) "Type B family day-care home" and "type B home" 19,261
mean a permanent residence of the provider in which child 19,262
day-care is provided for one to six children at one time and in 19,263
which no more than three children are under two years of age at 19,264
one time. In counting children for the purposes of this 19,265
division, any children under six years of age who are related to 19,266
the provider and who are on the premises of the type B home shall 19,267
be counted. "Type B family day-care home" does not include a 19,268
residence in which the needs of children are administered to, if 19,269
all of the children whose needs are being administered to are 19,270
siblings of the same immediate family and the residence is the 19,271
466
home of the siblings. "Type B family day-care home" and "type B 19,272
home" do not include any child day camp. 19,273
(F) "Certified type B family day-care home" and "certified 19,275
type B home" mean a type B family day-care home that is certified 19,276
by the director of the county department of human services 19,277
pursuant to section 5104.11 of the Revised Code to receive public 19,278
funds for providing child day-care pursuant to this chapter and 19,279
any rules adopted under it. 19,280
(G) "Infant" means a child who is less than twelve months 19,282
of age, or a child who is at least twelve months of age but is 19,283
less than eighteen months of age. 19,284
(H) "Toddler" means a child who is at least eighteen 19,286
months of age but less than thirty months of age, or a child who 19,287
is at least thirty months of age but less than three years of 19,288
age. 19,289
(I) "Pre-school child" means a child who is three years 19,291
old, or is four or five years old but is not a school child. 19,292
(J) "School child" means a child who is enrolled in or is 19,294
eligible to be enrolled in a grade of kindergarten or above but 19,295
is less than eleven years old, or a child who is at least eleven 19,296
years old but is less than fifteen years old. 19,297
(K) "Child" includes an infant, toddler, pre-school child, 19,299
or school child. 19,300
(L) "Administrator" means the person responsible for the 19,302
daily operation of the center or type A home. The administrator 19,303
and the owner may be the same person. 19,304
(M) "Owner" includes a person, firm, organization, 19,306
institution, or agency. 19,307
(N) "Child-care staff member" means any employee of a 19,309
child day-care center or type A family day-care home who is 19,310
primarily responsible for the care and supervision of children. 19,311
The administrator may be a part-time child-care staff member when 19,312
not involved in other duties. 19,313
(O) "Authorized provider" means a person authorized by a 19,315
467
county director of human services to operate a certified type B 19,316
family day-care home. 19,317
(P) "License capacity" means the maximum number in each 19,319
age category of children, as established in divisions (G) to (J) 19,320
of this section, who may be cared for in a child day-care center 19,321
or type A family day-care home at one time as determined by the 19,322
director of human services considering building occupancy limits 19,323
established by the department of commerce, number of available 19,324
child-care staff members, amount of available indoor floor space 19,326
and outdoor play space, and amount of available play equipment, 19,327
materials, and supplies. The license capacity specified on the 19,328
provisional license or license issued under section 5104.03 of 19,329
the Revised Code shall be the maximum number of children in each 19,330
age category of children who may be cared for in the center or 19,331
type A home at one time.
(Q) "Employee" means a person who either: 19,333
(1) Receives compensation for duties performed in a child 19,335
day-care center or type A family day-care home; 19,336
(2) Is assigned specific working hours or duties in a 19,338
child day-care center or type A family day-care home. 19,339
(R) "Employer" means a person, firm, institution, 19,341
organization, or agency that operates a child day-care center or 19,342
type A family day-care home that is subject to licensure pursuant 19,343
to this chapter. 19,344
(S) "In-home aide" means a person certified by a county 19,346
director of human services pursuant to section 5104.12 of the 19,347
Revised Code to provide publicly funded child day-care to a child 19,348
in a child's own home pursuant to this chapter and any rules 19,349
adopted under it. 19,350
(T) "Parent cooperative child day-care center," "parent 19,352
cooperative center," "parent cooperative type A family day-care 19,353
home," and "parent cooperative type A home" mean a corporation or 19,354
association organized for providing educational services to the 19,355
children of members of the corporation or association, without 19,356
468
gain to the corporation or association as an entity, in which the 19,357
services of the corporation or association are provided only to 19,358
children of the members of the corporation or association, 19,359
ownership and control of the corporation or association rests 19,360
solely with the members of the corporation or association, and at 19,361
least one parent-member of the corporation or association is on 19,362
the premises of the center or type A home during its hours of 19,363
operation. 19,364
(U) "Part-time child day-care center," "part-time center," 19,366
"part-time type A family day-care home," and "part-time type A 19,367
home" mean a center or type A home that provides child day-care 19,368
or publicly funded child day-care for no more than four hours a 19,369
day for any child. 19,370
(V) "Drop-in child day-care center," "drop-in center," 19,372
"drop-in type A family day-care home," and "drop-in type A home" 19,373
mean a center or type A home that provides child day-care or 19,374
publicly funded child day-care for children on a temporary, 19,375
irregular basis. 19,376
(W) "School child day-care center," "school child center," 19,378
"school child type A family day-care home," and "school child 19,379
type A family home" mean a center or type A home that provides 19,380
child day-care for school children only and that does either or 19,381
both of the following: 19,382
(1) Operates only during that part of the day that 19,384
immediately precedes or follows the public school day of the 19,385
school district in which the center or type A home is located; 19,386
(2) Operates only when the public schools in the school 19,388
district in which the center or type A home is located are not 19,389
open for instruction with pupils in attendance. 19,390
(X) "Place of worship" means a cathedral, chapel, church, 19,392
mosque, synagogue, temple, or other building where activities of 19,393
an organized religious group are conducted and includes the 19,394
grounds and any other buildings on the grounds used for such 19,395
activities. 19,396
469
(Y) "Religious activities" means: worship or other 19,398
religious services; religious instruction; Sunday school classes 19,399
or other religious classes conducted during or prior to worship 19,400
or other religious services; youth or adult fellowship 19,401
activities; choir or other musical group practices or programs; 19,402
meals; festivals; or meetings conducted by an organized religious 19,403
group. 19,404
(Z) "Licensee" means the owner of a child day-care center 19,406
or type A family day-care home that is licensed pursuant to this 19,407
chapter and who is responsible for ensuring its compliance with 19,408
this chapter and rules promulgated pursuant to this chapter. 19,409
(AA) "Chartered nonpublic school" means a school that 19,411
meets standards for nonpublic schools prescribed by the state 19,412
board of education for nonpublic schools pursuant to section 19,413
3301.07 of the Revised Code. 19,414
(BB) "Caretaker parent" means the father or mother of a 19,416
child whose presence in the home is needed as the caretaker of 19,417
the child, a person who has legal custody of a child and whose 19,418
presence in the home is needed as the caretaker of the child, a 19,419
guardian of a child whose presence in the home is needed as the 19,420
caretaker of the child, and any other person who stands in loco 19,421
parentis with respect to the child and whose presence in the home 19,422
is needed as the caretaker of the child. 19,423
(CC) "Protective day-care" means publicly funded child 19,425
day-care for the direct care and protection of a child to whom 19,426
either of the following applies: 19,427
(1) A case plan prepared and maintained for the child 19,429
pursuant to section 2151.412 of the Revised Code indicates a need 19,430
for protective day-care and the child resides with a parent, 19,431
stepparent, guardian, or another person who stands in loco 19,432
parentis as defined in rules adopted under section 5104.38 of the 19,433
Revised Code; 19,434
(2) The child and the child's caretaker either temporarily 19,436
reside in a facility providing emergency shelter for homeless 19,438
470
families or are determined by the county department of human 19,439
services to be homeless, and are otherwise ineligible for 19,440
publicly funded child day-care. 19,441
(DD) "Special needs day-care" means publicly funded child 19,443
day-care that is provided for a child who is physically or 19,444
developmentally handicapped, mentally retarded, or mentally ill. 19,445
(EE) "Federal poverty line" means the official poverty 19,447
guideline as revised annually in accordance with section 673(2) 19,448
of the "Omnibus Budget Reconciliation Act of 1981," 95 Stat. 511, 19,449
42 U.S.C. 9902, as amended, for a family size equal to the size 19,450
of the family of the person whose income is being determined. 19,451
(FF) "Child day-care resource and referral service 19,453
organization" means any community-based nonprofit organization 19,454
that does not provide child day-care and that provides child 19,455
day-care resource and referral services. 19,456
(GG) "Child day-care resource and referral services" means 19,458
all of the following services: 19,459
(1) Maintenance of a uniform data base of all child 19,461
day-care providers in the community that are in compliance with 19,462
this chapter, including current occupancy and vacancy data; 19,463
(2) Provision of individualized consumer education to 19,465
families seeking child day-care; 19,466
(3) Provision of timely referrals of available child 19,468
day-care providers to families seeking child day-care; 19,469
(4) Recruitment of child day-care providers; 19,471
(5) Coordination of training for child day-care providers 19,473
and provision of technical assistance to current and potential 19,474
child day-care providers, employers, and the community; 19,475
(6) Collection and analysis of data on the supply of and 19,477
demand for child day-care in the community; 19,478
(7) Coordination of locally, state, and federally funded 19,480
child day-care and early childhood education programs; 19,481
(8) Stimulation of employer involvement in making child 19,483
day-care more affordable, more available, safer, and of higher 19,484
471
quality for their employees and for the community; 19,485
(9) Provision of written educational materials to 19,487
caretaker parents and informational resources to child day-care 19,488
providers. 19,489
(HH) "Head start program" means a comprehensive child 19,491
development program that receives funds distributed under the 19,492
"Head Start Act," 95 Stat. 499 (1981), 42 U.S.C. 9831, as 19,493
amended. 19,494
(II) "Child care block grant act" means the "Child Care 19,496
and Development Block Grant Act of 1990," established in section 19,497
5082 of the "Omnibus Budget Reconciliation Act of 1990," 104 19,498
Stat. 1388-236 (1990), 42 U.S.C. 9858, as amended. 19,499
(JJ) "Licensed preschool program" or "licensed school 19,501
child program" means a preschool program or school child program, 19,502
as defined in section 3301.52 of the Revised Code, that is 19,503
licensed by the department of education pursuant to sections 19,504
3301.52 to 3301.59 of the Revised Code. 19,505
(KK) "Adjusted income" means adjusted gross income, as 19,507
defined in section 5747.01 of the Revised Code, minus any 19,508
adjustments allowed in rules adopted under section 5104.38 of the 19,509
Revised Code.
(LL) "State median income" means the state median income 19,511
calculated by the department of development pursuant to division 19,512
(A)(1)(g) of section 5709.61 of the Revised Code. 19,513
(MM) "Child day camp" means a program in which only school 19,515
children attend or participate, that operates for no more than 19,516
seven hours per day, that operates only during one or more public 19,517
school district's regular vacation periods or for no more than 19,518
fifteen weeks during the summer, and that operates outdoor 19,519
activities for each child who attends or participates in the 19,520
program for a minimum of fifty per cent of each day that children 19,521
attend or participate in the program, except for any day when 19,522
hazardous weather conditions prevent the program from operating 19,523
outdoor activities for a minimum of fifty per cent of that day. 19,524
472
For purposes of this division, the maximum seven hours of 19,525
operation time does not include transportation time from a 19,526
child's home to a child day camp and from a child day camp to a 19,527
child's home. 19,528
(NN) "Operate a child day camp" means to operate, 19,530
establish, manage, conduct, or maintain a child day camp. 19,531
(OO) "Approved child day camp" means a child day camp 19,533
approved pursuant to section 5104.22 of the Revised Code. 19,534
Sec. 5104.011. (A) The director of human services shall 19,543
promulgate rules pursuant to Chapter 119. of the Revised Code 19,544
governing the operation of child day-care centers, including, but 19,545
not limited to, parent cooperative centers, part-time centers, 19,546
drop-in centers, and school child centers, which rules shall 19,547
reflect the various forms of child day-care and the needs of 19,548
children receiving child day-care or publicly funded child 19,549
day-care and, no later than January 1, 1992, shall include 19,550
specific rules for school child day-care centers that are 19,551
developed in consultation with the department of education. The 19,552
rules shall not require an existing school facility that is in 19,553
compliance with applicable building codes to undergo an 19,554
additional building code inspection or to have structural 19,555
modifications. The rules shall include the following: 19,556
(1) Submission of a site plan and descriptive plan of 19,558
operation to demonstrate how the center proposes to meet the 19,559
requirements of this chapter and rules promulgated pursuant to 19,560
this chapter for the initial license application; 19,561
(2) Standards for ensuring that the physical surroundings 19,563
of the center are safe and sanitary including, but not limited 19,564
to, the physical environment, the physical plant, and the 19,565
equipment of the center; 19,566
(3) Standards for the supervision, care, and discipline of 19,568
children receiving child day-care or publicly funded child 19,569
day-care in the center; 19,570
(4) Standards for a program of activities, and for play 19,572
473
equipment, materials, and supplies, to enhance the development of 19,573
each child; however, any educational curricula, philosophies, and 19,574
methodologies that are developmentally appropriate and that 19,575
enhance the social, emotional, intellectual, and physical 19,576
development of each child shall be permissible. As used in this 19,577
division, "program" does not include instruction in religious or 19,578
moral doctrines, beliefs, or values that is conducted at child 19,579
day-care centers owned and operated by churches and does include 19,580
methods of disciplining children at child day-care centers. 19,581
(5) Admissions policies and procedures, health care 19,583
policies and procedures, including, but not limited to, 19,584
procedures for the isolation of children with communicable 19,585
diseases, first aid and emergency procedures, procedures for 19,586
discipline and supervision of children, standards for the 19,587
provision of nutritious meals and snacks, and procedures for 19,588
screening children and employees, including, but not limited to, 19,589
any necessary physical examinations and immunizations; 19,590
(6) Methods for encouraging parental participation in the 19,592
center and methods for ensuring that the rights of children, 19,593
parents, and employees are protected and that responsibilities of 19,594
parents and employees are met; 19,595
(7) Procedures for ensuring the safety and adequate 19,597
supervision of children traveling off the premises of the center 19,598
while under the care of a center employee; 19,599
(8) Procedures for record keeping, organization, and 19,601
administration; 19,602
(9) Procedures for issuing, renewing, denying, and 19,604
revoking a license that are not otherwise provided for in Chapter 19,605
119. of the Revised Code; 19,606
(10) Inspection procedures; 19,608
(11) Procedures and standards for setting initial and 19,610
renewal license application fees; 19,611
(12) Procedures for receiving, recording, and responding 19,613
to complaints about centers; 19,614
474
(13) Procedures for enforcing section 5104.04 of the 19,616
Revised Code; 19,617
(14) A standard requiring the inclusion, on and after July 19,619
1, 1987, of a current department of human services toll-free 19,620
telephone number on each center provisional license or license 19,621
which any person may use to report a suspected violation by the 19,622
center of this chapter or rules promulgated pursuant to this 19,623
chapter; 19,624
(15) Requirements for the training of administrators and 19,626
child-care staff members in first aid, in prevention, 19,627
recognition, and management of communicable diseases, and in 19,628
child abuse recognition and prevention. Training requirements 19,629
for child day-care centers adopted under this division shall be 19,630
consistent with divisions (B)(6) and (C)(1) of this section. 19,631
(16) Procedures to be used by licensees for checking the 19,633
references of potential employees of centers and procedures to be 19,634
used by the director for checking the references of applicants 19,635
for licenses to operate centers; 19,636
(17) Standards providing for the special needs of children 19,638
who are handicapped or who require treatment for health 19,639
conditions while the child is receiving child day-care or 19,640
publicly funded child day-care in the center; 19,641
(18) Any other procedures and standards necessary to carry 19,643
out this chapter. 19,644
(B)(1) The child day-care center shall have, for each 19,646
child for whom the center is licensed, at least thirty-five 19,647
square feet of usable indoor floor space wall-to-wall regularly 19,648
available for the child day-care operation exclusive of any parts 19,649
of the structure in which the care of children is prohibited by 19,650
law or by rules adopted by the board of building standards. The 19,651
minimum of thirty-five square feet of usable indoor floor space 19,652
shall not include hallways, kitchens, storage areas, or any other 19,653
areas that are not available for the care of children, as 19,654
determined by the director, in meeting the space requirement of 19,655
475
this division, and bathrooms shall be counted in determining 19,656
square footage only if they are used exclusively by children 19,657
enrolled in the center, except that the exclusion of hallways, 19,658
kitchens, storage areas, bathrooms not used exclusively by 19,659
children enrolled in the center, and any other areas not 19,660
available for the care of children from the minimum of 19,661
thirty-five square feet of usable indoor floor space shall not 19,662
apply to: 19,663
(a) Centers licensed prior to or on September 1, 1986, 19,665
that continue under licensure after that date; 19,666
(b) Centers licensed prior to or on September 1, 1986, 19,668
that are issued a new license after that date solely due to a 19,669
change of ownership of the center. 19,670
(2) The child day-care center shall have on the site a 19,672
safe outdoor play space which is enclosed by a fence or otherwise 19,673
protected from traffic or other hazards. The play space shall 19,674
contain not less than sixty square feet per child using such 19,675
space at any one time, and shall provide an opportunity for 19,676
supervised outdoor play each day in suitable weather. The 19,677
director may exempt a center from the requirement of this 19,678
division, if an outdoor play space is not available and if all of 19,679
the following are met: 19,680
(a) The center provides an indoor recreation area that has 19,682
not less than sixty square feet per child using the space at any 19,683
one time, that has a minimum of one thousand four hundred forty 19,684
square feet of space, and that is separate from the indoor space 19,685
required under division (B)(1) of this section. 19,686
(b) The director has determined that there is regularly 19,688
available and scheduled for use a conveniently accessible and 19,689
safe park, playground, or similar outdoor play area for play or 19,690
recreation. 19,691
(c) The children are closely supervised during play and 19,693
while traveling to and from the area. 19,694
The director also shall exempt from the requirement of this 19,696
476
division a child day-care center that was licensed prior to 19,697
September 1, 1986, if the center received approval from the 19,698
director prior to September 1, 1986, to use a park, playground, 19,699
or similar area, not connected with the center, for play or 19,700
recreation in lieu of the outdoor space requirements of this 19,701
section and if the children are closely supervised both during 19,702
play and while traveling to and from the area and except if the 19,703
director determines upon investigation and inspection pursuant to 19,704
section 5104.04 of the Revised Code and rules promulgated 19,705
pursuant to that section that the park, playground, or similar 19,706
area, as well as access to and from the area, is unsafe for the 19,707
children. 19,708
(3) The child day-care center shall have at least two 19,710
responsible adults available on the premises at all times when 19,711
seven or more children are in the center. The center shall 19,712
organize the children in the center in small groups, shall 19,713
provide child-care staff to give continuity of care and 19,714
supervision to the children on a day-by-day basis, and shall 19,715
ensure that no child is left alone or unsupervised. Except as 19,716
otherwise provided in division (E) of this section, the maximum 19,717
number of children per child-care staff member and maximum group 19,718
size, by age category of children, are as follows: 19,719
Maximum Number of 19,721
Children Per Maximum 19,722
Age Category Child-Care Group 19,723
of Children Staff Member Size 19,724
(a) Infants: 19,725
(i) Less than twelve 19,726
months old 5:1, or 19,727
12:2 if two 19,728
child-care 19,729
staff members 19,730
are in the room 12 19,731
(ii) At least twelve 19,732
477
months old, but 19,733
less than eighteen 19,734
months old 6:1 12 19,735
(b) Toddlers: 19,736
(i) At least eighteen 19,737
months old, but 19,738
less than thirty 19,739
months old 7:1 14 19,740
(ii) At least thirty months 19,741
old, but less than 19,742
three years old 8:1 16 19,743
(c) Pre-school PRESCHOOL 19,744
children: 19,745
(i) Three years old 12:1 24 19,746
(ii) Four years old and 19,747
five years old who 19,748
are not school 19,749
children 14:1 28 19,750
(d) School children: 19,751
(i) A child who is 19,752
enrolled in or is 19,753
eligible to be 19,754
enrolled in a grade 19,755
of kindergarten 19,756
or above, but 19,757
is less than 19,758
eleven years old 18:1 36 19,760
(ii) Eleven through fourteen 19,761
years old 20:1 40 19,762
Except as otherwise provided in division (E) of this 19,765
section, the maximum number of children per child-care staff 19,766
member and maximum group size requirements of the younger age 19,767
group shall apply when age groups are combined. 19,768
(4)(a) The child day-care center administrator shall show 19,770
478
the director both of the following: 19,771
(i) Evidence of at least high school graduation or 19,773
certification of high school equivalency by the state board of 19,774
education or the appropriate agency of another state; 19,775
(ii) Evidence of having completed at least two years of 19,777
training in an accredited college, university, or technical 19,778
college, including courses in child development or early 19,779
childhood education, or at least two years of experience in 19,780
supervising and giving daily care to children attending an 19,781
organized group program. 19,782
(b) In addition to the requirements of division (B)(4)(a) 19,784
of this section, any administrator employed or designated on or 19,785
after September 1, 1986, shall show evidence of, and any 19,786
administrator employed or designated prior to September 1, 1986, 19,787
shall show evidence within six years after such date of, at least 19,788
one of the following: 19,789
(i) Two years of experience working as a child-care staff 19,791
member in a center and at least four courses in child development 19,792
or early childhood education from an accredited college, 19,793
university, or technical college, except that a person who has 19,794
two years of experience working as a child-care staff member in a 19,795
particular center and who has been promoted to or designated as 19,796
administrator of that center shall have one year from the time 19,797
the person was promoted to or designated as administrator to 19,798
complete the required four courses; 19,799
(ii) Two years of training, including at least four 19,801
courses in child development or early childhood education from an 19,802
accredited college, university, or technical college; 19,803
(iii) A child development associate credential issued by 19,805
the national child development associate credentialing 19,806
commission; 19,807
(iv) An associate or higher degree in child development or 19,809
early childhood education from an accredited college, technical 19,810
college, or university, or a license designated for teaching in 19,811
479
an associate teaching position in a preschool setting issued by 19,812
the state board of education. 19,813
(5) All child-care staff members of a child day-care 19,815
center shall be at least eighteen years of age, and shall furnish 19,816
the director evidence of at least high school graduation or 19,817
certification of high school equivalency by the state board of 19,818
education or the appropriate agency of another state or evidence 19,819
of completion of a training program approved by the department of 19,820
human services or state board of education, except as follows: 19,821
(a) A child-care staff member may be less than eighteen 19,823
years of age if the staff member is either of the following: 19,824
(i) A graduate of a two-year vocational child-care 19,826
training program approved by the state board of education; 19,827
(ii) A student enrolled in the second year of a vocational 19,829
child-care training program approved by the state board of 19,830
education which leads to high school graduation, provided that 19,831
the student performs the student's duties in the child day-care 19,833
center under the continuous supervision of an experienced
child-care staff member, receives periodic supervision from the 19,834
vocational child-care training program teacher-coordinator in the 19,835
student's high school, and meets all other requirements of this 19,836
chapter and rules promulgated pursuant to this chapter. 19,837
(b) A child-care staff member shall be exempt from the 19,839
educational requirements of this division if the staff member: 19,841
(i) Prior to January 1, 1972, was employed or designated 19,843
by a child day-care center and has been continuously employed 19,844
since either by the same child day-care center employer or at the 19,845
same child day-care center; or 19,846
(ii) Is a student enrolled in the second year of a 19,848
vocational child-care training program approved by the state 19,849
board of education which leads to high school graduation, 19,850
provided that the student performs the student's duties in the 19,852
child day-care center under the continuous supervision of an
experienced child-care staff member, receives periodic 19,853
480
supervision from the vocational child-care training program 19,854
teacher-coordinator in the student's high school, and meets all 19,856
other requirements of this chapter and rules promulgated pursuant
to this chapter. 19,857
(6) Every child day-care staff member of a child day-care 19,859
center annually shall complete fifteen hours of inservice 19,860
training in child development or early childhood education, child 19,861
abuse recognition and prevention, first aid, and in prevention, 19,862
recognition, and management of communicable diseases, until a 19,863
total of forty-five hours of training has been completed, unless 19,864
the staff member furnishes one of the following to the director: 19,866
(a) Evidence of an associate or higher degree in child 19,868
development or early childhood education from an accredited 19,869
college, university, or technical college; 19,870
(b) A license designated for teaching in an associate 19,872
teaching position in a preschool setting issued by the state 19,873
board of education;
(c) Evidence of a child development associate credential; 19,875
(d) Evidence of a preprimary credential from the American 19,877
Montessori society or the association Montessori international. 19,878
For the purposes of division (B)(6) of this section, "hour" means 19,879
sixty minutes. 19,880
(7) The administrator of each child day-care center shall 19,882
prepare at least once annually and for each group of children at 19,883
the center a roster of names and telephone numbers of parents, 19,884
custodians, or guardians of each group of children attending the 19,885
center and upon request shall furnish the roster for each group 19,886
to the parents, custodians, or guardians of the children in that 19,887
group. The administrator may prepare a roster of names and 19,888
telephone numbers of all parents, custodians, or guardians of 19,889
children attending the center and upon request shall furnish the 19,890
roster to the parents, custodians, or guardians of the children 19,891
who attend the center. The administrator shall not include in 19,892
any roster the name or telephone number of any parent, custodian, 19,893
481
or guardian who requests the administrator not to include the 19,894
parent's, custodian's, or guardian's name or number and shall not 19,895
furnish any roster to any person other than a parent, custodian, 19,896
or guardian of a child who attends the center. 19,897
(C)(1) Each child day-care center shall have on the center 19,899
premises and readily available at all times at least one 19,900
child-care staff member who has completed a course in first aid 19,901
and in prevention, recognition, and management of communicable 19,902
diseases which is approved by the state department of health and 19,903
a staff member who has completed a course in child abuse 19,904
recognition and prevention training which is approved by the 19,905
department of human services. 19,906
(2) The administrator of each child day-care center shall 19,908
maintain enrollment, health, and attendance records for all 19,909
children attending the center and health and employment records 19,910
for all center employees. The records shall be confidential, 19,911
except as otherwise provided in division (B)(7) of this section 19,912
and except that they shall be disclosed by the administrator to 19,913
the director upon request for the purpose of administering and 19,914
enforcing this chapter and rules adopted pursuant to this 19,915
chapter. Neither the center nor the licensee, administrator, or 19,916
employees of the center shall be civilly or criminally liable in 19,917
damages or otherwise for records disclosed to the director by the 19,918
administrator pursuant to this division. It shall be a defense 19,919
to any civil or criminal charge based upon records disclosed by 19,920
the administrator to the director that the records were disclosed 19,921
pursuant to this division. 19,922
(3)(a) Any parent who is the residential parent and legal 19,924
custodian of a child enrolled in a child day-care center and any 19,925
custodian or guardian of such a child shall be permitted 19,926
unlimited access to the center during its hours of operation for 19,927
the purposes of contacting their children, evaluating the care 19,928
provided by the center, evaluating the premises of the center, or 19,929
for other purposes approved by the director. A parent of a child 19,930
482
enrolled in a child day-care center who is not the child's 19,931
residential parent shall be permitted unlimited access to the 19,932
center during its hours of operation for those purposes under the 19,933
same terms and conditions under which the residential parent of 19,934
that child is permitted access to the center for those purposes. 19,935
However, the access of the parent who is not the residential 19,936
parent is subject to any agreement between the parents and, to 19,937
the extent described in division (C)(3)(b) of this section, is 19,938
subject to any terms and conditions limiting the right of access 19,939
of the parent who is not the residential parent, as described in 19,940
division (I) of section 3109.051 of the Revised Code, that are 19,941
contained in a visitation order or decree issued under that 19,942
section, section 3109.11 or 3109.12 of the Revised Code, or any 19,943
other provision of the Revised Code. 19,944
(b) If a parent who is the residential parent of a child 19,946
has presented the administrator or the administrator's designee 19,948
with a copy of a visitation order that limits the terms and 19,949
conditions under which the parent who is not the residential 19,950
parent is to have access to the center, as described in division 19,951
(I) of section 3109.051 of the Revised Code, the parent who is 19,952
not the residential parent shall be provided access to the center 19,953
only to the extent authorized in the order. If the residential 19,954
parent has presented such an order, the parent who is not the 19,955
residential parent shall be permitted access to the center only 19,956
in accordance with the most recent order that has been presented 19,957
to the administrator or the administrator's designee by the 19,958
residential parent or the parent who is not the residential 19,959
parent.
(c) Upon entering the premises pursuant to division 19,961
(C)(3)(a) or (b) of this section, the parent who is the 19,962
residential parent and legal custodian, the parent who is not the 19,963
residential parent, or the custodian or guardian shall notify the 19,964
administrator or the administrator's designee of the parent's, 19,966
custodian's, or guardian's presence.
483
(D) The director of human services, in addition to the 19,968
rules adopted under division (A) of this section, shall adopt 19,969
rules establishing minimum requirements for child day-care 19,970
centers. The rules shall include, but not be limited to, the 19,971
requirements set forth in divisions (B) and (C) of this section. 19,972
Except as provided in section 5104.07 of the Revised Code, the 19,973
rules shall not change the square footage requirements of 19,974
division (B)(1) or (2) of this section; the maximum number of 19,975
children per child-care staff member and maximum group size 19,976
requirements of division (B)(3) of this section; the educational 19,977
and experience requirements of division (B)(4) of this section; 19,978
the age, educational, and experience requirements of division 19,979
(B)(5) of this section; the number of inservice training hours 19,980
required under division (B)(6) of this section; or the 19,981
requirement for at least annual preparation of a roster for each 19,982
group of children of names and telephone numbers of parents, 19,983
custodians, or guardians of each group of children attending the 19,984
center that must be furnished upon request to any parent, 19,985
custodian, or guardian of any child in that group required under 19,986
division (B)(7) of this section; however, the rules shall provide 19,987
procedures for determining compliance with those requirements. 19,988
(E)(1) When age groups are combined, the maximum number of 19,990
children per child-care staff member shall be determined by the 19,991
age of the youngest child in the group, except that when no more 19,992
than one child thirty months of age or older receives services in 19,993
a group in which all the other children are in the next older age 19,994
group, the maximum number of children per child-care staff member 19,995
and maximum group size requirements of the older age group 19,996
established under division (B)(3) of this section shall apply. 19,997
(2) The maximum number of toddlers or pre-school PRESCHOOL 19,999
children per child-care staff member in a room where children are 20,000
napping shall be twice the maximum number of children per 20,001
child-care staff member established under division (B)(3) of this 20,002
section if all the following criteria are met: 20,003
484
(a) At least one child-care staff member is present in the 20,005
room. 20,006
(b) Sufficient child-care staff members are on the child 20,008
day-care center premises to meet the maximum number of children 20,009
per child-care staff member requirements established under 20,010
division (B)(3) of this section. 20,011
(c) Naptime preparations are complete and all napping 20,013
children are resting or sleeping on cots. 20,014
(d) The maximum number established under division (E)(2) 20,016
of this section is in effect for no more than one and one-half 20,017
hours during a twenty-four-hour day. 20,018
(F) The director of human services shall promulgate rules 20,020
pursuant to Chapter 119. of the Revised Code governing the 20,021
operation of type A family day-care homes, including, but not 20,022
limited to, parent cooperative type A homes, part-time type A 20,023
homes, drop-in type A homes, and school child type A homes, which 20,024
shall reflect the various forms of child day-care and the needs 20,025
of children receiving child day-care. The rules shall include 20,026
the following: 20,027
(1) Submission of a site plan and descriptive plan of 20,029
operation to demonstrate how the type A home proposes to meet the 20,030
requirements of this chapter and rules promulgated pursuant to 20,031
this chapter for the initial license application; 20,032
(2) Standards for ensuring that the physical surroundings 20,034
of the type A home are safe and sanitary, including, but not 20,035
limited to, the physical environment, the physical plant, and the 20,036
equipment of the type A home; 20,037
(3) Standards for the supervision, care, and discipline of 20,039
children receiving child day-care or publicly funded child 20,040
day-care in the type A home; 20,041
(4) Standards for a program of activities, and for play 20,043
equipment, materials, and supplies, to enhance the development of 20,044
each child; however, any educational curricula, philosophies, and 20,045
methodologies that are developmentally appropriate and that 20,046
485
enhance the social, emotional, intellectual, and physical 20,047
development of each child shall be permissible; 20,048
(5) Admissions policies and procedures, health care 20,050
policies and procedures, including, but not limited to, 20,051
procedures for the isolation of children with communicable 20,052
diseases, first aid and emergency procedures, procedures for 20,053
discipline and supervision of children, standards for the 20,054
provision of nutritious meals and snacks, and procedures for 20,055
screening children and employees, including, but not limited to, 20,056
any necessary physical examinations and immunizations; 20,057
(6) Methods for encouraging parental participation in the 20,059
type A home and methods for ensuring that the rights of children, 20,060
parents, and employees are protected and that the 20,061
responsibilities of parents and employees are met; 20,062
(7) Procedures for ensuring the safety and adequate 20,064
supervision of children traveling off the premises of the type A 20,065
home while under the care of a type A home employee; 20,066
(8) Procedures for record keeping, organization, and 20,068
administration; 20,069
(9) Procedures for issuing, renewing, denying, and 20,071
revoking a license that are not otherwise provided for in Chapter 20,072
119. of the Revised Code; 20,073
(10) Inspection procedures; 20,075
(11) Procedures and standards for setting initial and 20,077
renewal license application fees; 20,078
(12) Procedures for receiving, recording, and responding 20,080
to complaints about type A homes; 20,081
(13) Procedures for enforcing section 5104.04 of the 20,083
Revised Code; 20,084
(14) A standard requiring the inclusion, on or after July 20,086
1, 1987, of a current department of human services toll-free 20,087
telephone number on each type A home provisional license or 20,088
license which any person may use to report a suspected violation 20,089
by the type A home of this chapter or rules promulgated pursuant 20,090
486
this chapter; 20,091
(15) Requirements for the training of administrators and 20,093
child-care staff members in first aid, in prevention, 20,094
recognition, and management of communicable diseases, and in 20,095
child abuse recognition and prevention; 20,096
(16) Procedures to be used by licensees for checking the 20,098
references of potential employees of type A homes and procedures 20,099
to be used by the director for checking the references of 20,100
applicants for licenses to operate type A homes; 20,101
(17) Standards providing for the special needs of children 20,103
who are handicapped or who require treatment for health 20,104
conditions while the child is receiving child day-care or 20,105
publicly funded child day-care in the type A home; 20,106
(18) Standards for the maximum number of children per 20,108
child-care staff member; 20,109
(19) Requirements for the amount of usable indoor floor 20,111
space for each child; 20,112
(20) Requirements for safe outdoor play space; 20,114
(21) Qualifications and training requirements for 20,116
administrators and for child-care staff members; 20,117
(22) Procedures for granting a parent who is the 20,119
residential parent and legal custodian, or a custodian or 20,120
guardian access to the type A home during its hours of operation; 20,121
(23) Standards for the preparation and distribution of a 20,123
roster of parents, custodians, and guardians; 20,124
(24) Any other procedures and standards necessary to carry 20,126
out this chapter. 20,127
(G) The director of human services shall promulgate rules 20,129
pursuant to Chapter 119. of the Revised Code governing the 20,130
certification of type B family day-care homes. The rules shall 20,131
include procedures, standards, and other necessary provisions for 20,132
granting limited certification to type B family day-care homes 20,133
that are operated by adult providers who provide child day-care 20,134
for eligible children who are great-grandchildren, grandchildren, 20,135
487
nieces, nephews, or siblings of the provider or; for eligible 20,136
children whose caretaker parent is a grandchild, child, niece, 20,137
nephew, or sibling of the provider; OR FOR ELIGIBLE CHILDREN ALL 20,139
OF WHOM ARE THE CHILDREN OF THE SAME CARETAKER PARENT. The rules
shall require, and shall include procedures for the director to 20,141
ensure, that type B family day-care homes that receive a limited 20,142
certification provide child day-care to children in a safe and 20,143
sanitary manner. With regard to providers who apply for limited 20,144
certification, a provider shall be granted a provisional limited 20,145
certification on signing a declaration under oath attesting that 20,146
the provider meets the standards for limited certification. Such 20,147
provisional limited certifications shall remain in effect for no 20,148
more than sixty calendar days and shall entitle the provider to 20,149
offer publicly funded child day-care during the provisional 20,150
period. Prior to the expiration of the provisional limited 20,151
certificate, a county department of human services shall inspect 20,152
the home and shall grant limited certification to the provider if 20,153
the provider meets the requirements of this division. Limited 20,154
certificates remain valid for two years unless earlier revoked. 20,155
Providers operating under limited certification shall be 20,156
inspected annually.
The rules shall provide for safeguarding the health, 20,158
safety, and welfare of children receiving child day-care or 20,159
publicly funded child day-care in a certified type B home and 20,160
shall include the following: 20,161
(1) Standards for ensuring that the type B home and the 20,163
physical surroundings of the type B home are safe and sanitary, 20,164
including, but not limited to, physical environment, physical 20,165
plant, and equipment; 20,166
(2) Standards for the supervision, care, and discipline of 20,168
children receiving child day-care or publicly funded child 20,169
day-care in the home; 20,170
(3) Standards for a program of activities, and for play 20,172
equipment, materials, and supplies to enhance the development of 20,173
488
each child; however, any educational curricula, philosophies, and 20,174
methodologies that are developmentally appropriate and that 20,175
enhance the social, emotional, intellectual, and physical 20,176
development of each child shall be permissible; 20,177
(4) Admission policies and procedures, health care, first 20,179
aid and emergency procedures, procedures for the care of sick 20,180
children, procedures for discipline and supervision of children, 20,181
nutritional standards, and procedures for screening children and 20,182
authorized providers, including, but not limited to, any 20,183
necessary physical examinations and immunizations; 20,184
(5) Methods of encouraging parental participation and 20,186
ensuring that the rights of children, parents, and authorized 20,187
providers are protected and the responsibilities of parents and 20,188
authorized providers are met; 20,189
(6) Standards for the safe transport of children when 20,191
under the care of authorized providers; 20,192
(7) Procedures for issuing, renewing, denying, refusing to 20,194
renew, or revoking certificates; 20,195
(8) Procedures for the inspection of type B family 20,197
day-care homes that require, at a minimum, that each type B 20,198
family day-care home be inspected prior to certification to 20,199
ensure that the home is safe and sanitary; 20,200
(9) Procedures for record keeping and evaluation; 20,202
(10) Procedures for receiving, recording, and responding 20,204
to complaints; 20,205
(11) Standards providing for the special needs of children 20,207
who are handicapped or who receive treatment for health 20,208
conditions while the child is receiving child day-care or 20,209
publicly funded child day-care in the type B home; 20,210
(12) Requirements for the amount of usable indoor floor 20,212
space for each child; 20,213
(13) Requirements for safe outdoor play space; 20,215
(14) Qualification and training requirements for 20,217
authorized providers; 20,218
489
(15) Procedures for granting a parent who is the 20,220
residential parent and legal custodian, or a custodian or 20,221
guardian access to the type B home during its hours of operation; 20,222
(16) Any other procedures and standards necessary to carry 20,224
out this chapter. 20,225
(H) The director shall promulgate rules pursuant to 20,227
Chapter 119. of the Revised Code governing the certification of 20,228
in-home aides. The rules shall include procedures, standards, 20,229
and other necessary provisions for granting limited certification 20,230
to in-home aides who provide child day-care for eligible children 20,231
who are great-grandchildren, grandchildren, nieces, nephews, or 20,232
siblings of the in-home aide or for eligible children whose 20,233
caretaker parent is a grandchild, child, niece, nephew, or 20,234
sibling of the in-home aide. The rules shall require, and shall 20,235
include procedures for the director to ensure, that in-home aides 20,236
that receive a limited certification provide child day-care to 20,237
children in a safe and sanitary manner. The rules shall provide 20,238
for safeguarding the health, safety, and welfare of children 20,239
receiving publicly funded child day-care in their own home and 20,240
shall include the following: 20,241
(1) Standards for ensuring that the child's home and the 20,243
physical surroundings of the child's home are safe and sanitary, 20,244
including, but not limited to, physical environment, physical 20,245
plant, and equipment; 20,246
(2) Standards for the supervision, care, and discipline of 20,248
children receiving publicly funded child day-care in their own 20,249
home; 20,250
(3) Standards for a program of activities, and for play 20,252
equipment, materials, and supplies to enhance the development of 20,253
each child; however, any educational curricula, philosophies, and 20,254
methodologies that are developmentally appropriate and that 20,255
enhance the social, emotional, intellectual, and physical 20,256
development of each child shall be permissible; 20,257
(4) Health care, first aid, and emergency procedures, 20,259
490
procedures for the care of sick children, procedures for 20,260
discipline and supervision of children, nutritional standards, 20,261
and procedures for screening children and in-home aides, 20,262
including, but not limited to, any necessary physical 20,263
examinations and immunizations; 20,264
(5) Methods of encouraging parental participation and 20,266
ensuring that the rights of children, parents, and in-home aides 20,267
are protected and the responsibilities of parents and in-home 20,268
aides are met; 20,269
(6) Standards for the safe transport of children when 20,271
under the care of in-home aides; 20,272
(7) Procedures for issuing, renewing, denying, refusing to 20,274
renew, or revoking certificates; 20,275
(8) Procedures for inspection of homes of children 20,277
receiving publicly funded child day-care in their own homes; 20,278
(9) Procedures for record keeping and evaluation; 20,280
(10) Procedures for receiving, recording, and responding 20,282
to complaints; 20,283
(11) Qualifications and training requirements for in-home 20,285
aides; 20,286
(12) Standards providing for the special needs of children 20,288
who are handicapped or who receive treatment for health 20,289
conditions while the child is receiving publicly funded child 20,290
day-care in the child's own home; 20,291
(13) Any other procedures and standards necessary to carry 20,293
out this chapter. 20,294
(I) The director of human services shall send copies of 20,296
proposed rules to each licensee and each county director of human 20,297
services and shall give public notice of hearings regarding the 20,298
rules to each licensee and each county director of human services 20,299
at least thirty days prior to the date of the public hearing, in 20,300
accordance with section 119.03 of the Revised Code. Prior to the 20,301
effective date of a rule, the director of human services shall 20,302
provide copies of the adopted rule to each licensee and each 20,303
491
county director of human services. 20,304
The county director of human services shall send copies of 20,306
proposed rules to each authorized provider and in-home aide and 20,307
shall give public notice of hearings regarding the rules to each 20,308
authorized provider and in-home aide at least thirty days prior 20,309
to the date of the public hearing, in accordance with section 20,310
119.03 of the Revised Code. Prior to the effective date of a 20,311
rule, the county director of human services shall provide copies 20,312
of the adopted rule to each authorized provider and in-home aide. 20,313
Additional copies of proposed and adopted rules shall be 20,315
made available by the director of human services to the public on 20,316
request at no charge. 20,317
(J) The director of human services shall review all rules 20,319
promulgated pursuant to this chapter at least once every seven 20,320
years. 20,321
(K) Notwithstanding any provision of the Revised Code, the 20,323
director of human services shall not regulate in any way under 20,324
this chapter or rules promulgated pursuant to this chapter, 20,325
instruction in religious or moral doctrines, beliefs, or values. 20,326
Sec. 5104.03. (A) Any person, firm, organization, 20,336
institution, or agency desiring to establish a child day-care 20,337
center or type A family day-care home shall apply for a license 20,338
to the director of human services on such form as the director 20,339
prescribes. The director shall provide at no charge to each 20,340
applicant for licensure a copy of the day-care license 20,341
requirements in Chapter 5104. of the Revised Code and of the 20,342
rules promulgated pursuant to Chapter 5104. of the Revised Code. 20,343
The director shall mail application forms for renewal of license 20,344
at least one hundred twenty days prior to the date of expiration 20,345
of the license, and the application for renewal shall be filed 20,346
with the director at least sixty days before the date of 20,347
expiration. Fees shall be set by the director pursuant to 20,348
section 5104.011 of the Revised Code and shall be paid at the 20,349
time of application for or renewal of a license to operate a 20,350
492
center or type A home. Fees collected under this section shall 20,351
be paid into the state treasury to the credit of the general 20,352
revenue fund. 20,353
(B) Upon filing of the application for a license, the 20,355
director shall investigate and inspect the center or type A home 20,356
to determine the license capacity for each age category of 20,357
children of the center or type A home and to determine whether 20,358
the center or type A home complies with Chapter 5104. of the 20,359
Revised Code and rules promulgated pursuant to Chapter 5104. of 20,360
the Revised Code. When, after investigation and inspection, the 20,361
director is satisfied that Chapter 5104. of the Revised Code and 20,362
rules promulgated pursuant to Chapter 5104. of the Revised Code 20,363
are complied with, a provisional license shall be issued as soon 20,364
as practicable in such form and manner as prescribed by the 20,365
director. The provisional license shall be valid for six months 20,366
from the date of issuance unless revoked. 20,367
(C) The director shall investigate and inspect the center 20,369
or type A home at least once during operation under the 20,370
provisional license. If after the investigation and inspection 20,371
the director determines that the requirements of Chapter 5104. of 20,372
the Revised Code and rules promulgated pursuant to Chapter 5104. 20,373
of the Revised Code are met, the director shall issue a license 20,374
to be effective for two years from the date of issuance of the 20,375
provisional license. 20,376
(D) Upon the filing of an application for renewal of a 20,378
license by the center or type A home, the director shall 20,379
investigate and inspect the center or type A home. If the 20,380
director determines that the requirements of Chapter 5104. and 20,381
rules promulgated pursuant to Chapter 5104. of the Revised Code 20,382
are met, the director shall renew the license to be effective for 20,383
two years from the expiration date of the previous license. 20,384
(E) The license or provisional license shall state the 20,386
name of the licensee, the name of the administrator, the address 20,387
of the center or type A home, and the license capacity for each 20,388
493
age category of children. After July 1, 1987, the provisional 20,389
license or license shall include thereon, in accordance with 20,390
section 5104.011 of the Revised Code, the toll-free TELEPHONE 20,391
number to be used by persons suspecting that the center or type A 20,392
home has violated a provision of Chapter 5104., or rules 20,393
promulgated pursuant to Chapter 5104. of the Revised Code. A 20,394
license or provisional license is valid only for the licensee, 20,395
administrator, address, and license capacity for each age 20,396
category of children designated on the license. The LICENSE 20,397
CAPACITY SPECIFIED ON THE LICENSE OR PROVISIONAL LICENSE IS THE 20,398
MAXIMUM NUMBER OF CHILDREN IN EACH AGE CATEGORY THAT MAY BE CARED 20,399
FOR IN THE CENTER OR TYPE A HOME AT ONE TIME. 20,400
THE center or type A home licensee shall notify the 20,403
director when the administrator of the center or home changes. 20,404
The director shall amend the current license or provisional 20,405
license to reflect a change in an administrator, if the 20,406
administrator meets the requirements of Chapter 5104. of the 20,407
Revised Code and rules promulgated pursuant to Chapter 5104. of 20,408
the Revised Code, or a change in license capacity for any age 20,409
category of children as determined by the director of human 20,410
services.
(F) If the director revokes a license or refuses to renew 20,412
a license to a center or a type A home, he THE DIRECTOR shall not 20,414
issue a license to the owner of the center or type A home within 20,415
two years from the date of the revocation of a license or refusal 20,416
to renew a license. If during the application for licensure or 20,417
renewal of licensure process the director determines that the 20,418
license of the owner has been revoked or renewal of licensure has 20,419
been denied, the investigation of the center or type A home shall 20,420
cease, and shall not constitute denial of the application. All 20,421
actions of the director with respect to licensing centers or type 20,422
A homes, renewing a license, refusal to license or renew a 20,423
license, and revocation of a license shall be in accordance with 20,424
Chapter 119. of the Revised Code. Any applicant who is denied a 20,425
494
license or any owner whose license is not renewed or is revoked 20,426
may appeal in accordance with section 119.12 of the Revised Code. 20,427
Sec. 5104.04. (A) The director DEPARTMENT of human 20,436
services shall establish procedures to be followed in 20,438
investigating, inspecting, and licensing child day-care centers 20,439
and type A family day-care homes. 20,440
(B)(1) The director DEPARTMENT shall, at least twice 20,443
during every twelve-month period of operation of a center or type 20,444
A home, inspect the center or type A home and. THE DEPARTMENT 20,445
SHALL INSPECT A PART-TIME CENTER OR PART-TIME TYPE A HOME AT 20,446
LEAST ONCE DURING EVERY TWELVE-MONTH PERIOD OF OPERATION. THE 20,447
DEPARTMENT SHALL provide a written inspection report to the 20,448
licensee within a reasonable time after each inspection. THE 20,449
LICENSEE SHALL DISPLAY ALL WRITTEN REPORTS OF INSPECTIONS 20,450
CONDUCTED DURING THE CURRENT LICENSING PERIOD IN A CONSPICUOUS
PLACE IN THE CENTER OR TYPE A HOME. 20,451
At least one inspection shall be unannounced and all 20,453
inspections may be unannounced. No person, firm, organization, 20,454
institution, or agency shall interfere with the inspection of a 20,455
center or type A home by any state or local official when he is 20,456
ENGAGED IN performing duties required of him THE STATE OR LOCAL 20,458
OFFICIAL by Chapter 5104. of the Revised Code or rules 20,460
promulgated pursuant to Chapter 5104. of the Revised Code, 20,461
including inspecting the center or type A home, reviewing 20,462
records, or interviewing licensees, employees, children, or 20,463
parents.
Upon receipt of any complaint that a center or type A home 20,465
is out of compliance with the requirements of Chapter 5104. of 20,466
the Revised Code or rules promulgated pursuant to Chapter 5104. 20,467
of the Revised Code, the director DEPARTMENT shall investigate 20,468
and may inspect a center or type A home. 20,469
(2) IF THE DEPARTMENT IMPLEMENTS AN INSTRUMENT-BASED 20,471
PROGRAM MONITORING INFORMATION SYSTEM, IT MAY USE AN INDICATOR 20,472
CHECKLIST TO COMPLY WITH DIVISION (B)(1) OF THIS SECTION. 20,473
495
(3) THE DEPARTMENT SHALL, AT LEAST ONCE DURING EVERY 20,475
TWELVE-MONTH PERIOD OF OPERATION OF A CENTER OR TYPE A HOME, 20,476
COLLECT INFORMATION CONCERNING THE AMOUNTS CHARGED BY THE CENTER 20,477
OR HOME FOR PROVIDING CHILD DAY-CARE SERVICES FOR USE IN 20,478
ESTABLISHING RATES OF REIMBURSEMENT PURSUANT TO SECTION 5104.30 20,479
OF THE REVISED CODE.
(C) In the event a licensed center or type A home is 20,481
determined to be out of compliance with the requirements of 20,482
Chapter 5104. of the Revised Code or rules promulgated pursuant 20,483
to Chapter 5104. of the Revised Code, the director DEPARTMENT 20,484
shall notify the licensee of the center or type A home in writing 20,486
regarding the nature of the violation, what must be done to 20,487
correct the violation, and by what date the correction must be 20,488
made. If the correction is not made by the date established by 20,489
the director DEPARTMENT, he THE DEPARTMENT may commence action 20,490
under Chapter 119. of the Revised Code to revoke the license. 20,493
(D) The director DEPARTMENT may deny or revoke a license, 20,495
or refuse to renew a license of a center or type A home, if the 20,497
applicant knowingly makes a false statement on the application, 20,498
does not comply with the requirements of Chapter 5104. or rules 20,499
promulgated pursuant to Chapter 5104. of the Revised Code, or has 20,500
pleaded guilty TO or been convicted of an offense described in 20,501
section 5104.09 of the Revised Code. 20,502
(E) If the director DEPARTMENT finds, after notice and 20,504
hearing pursuant to Chapter 119. of the Revised Code, that any 20,505
person, firm, organization, institution, or agency licensed under 20,506
section 5104.03 of the Revised Code is in violation of any 20,507
provision of Chapter 5104. of the Revised Code or rules 20,508
promulgated pursuant to Chapter 5104. of the Revised Code, the 20,509
director DEPARTMENT may issue an order of revocation to the 20,511
center or type A home revoking the license previously issued by 20,512
him THE DEPARTMENT. Upon the issuance of any order of 20,514
revocation, the person whose license is revoked may appeal in
accordance with section 119.12 of the Revised Code. 20,515
496
(F) The surrender of a center or type A home license to 20,517
the director DEPARTMENT or the withdrawal of an application for 20,518
licensure by the owner or administrator of the center or type A 20,520
home shall not prohibit the director DEPARTMENT from instituting 20,521
any of the actions set forth in this section. 20,523
(G) Whenever the director DEPARTMENT receives a complaint, 20,525
is advised, or otherwise has any reason to believe that a center 20,526
or type A home is providing child day-care without a license 20,527
issued or renewed pursuant to section 5104.03 and is not exempt 20,528
from licensing pursuant to section 5104.02 of the Revised Code, 20,529
he THE DEPARTMENT shall investigate the center or type A home and 20,530
may inspect the areas children have access to or areas necessary 20,531
for the care of children in the center or type A home during 20,532
suspected hours of operation to determine whether the center or 20,533
type A home is subject to the requirements of Chapter 5104. or 20,534
rules promulgated pursuant to Chapter 5104. of the Revised Code. 20,535
(H) The director DEPARTMENT, upon determining that the 20,537
center or type A home is operating without a license, shall 20,539
notify the attorney general, the prosecuting attorney of the 20,540
county in which the center or type A home is located, or the city 20,541
attorney, village solicitor, or other chief legal officer of the 20,542
municipal corporation in which the center or type A home is 20,543
located, that the center or type A home is operating without a 20,544
license. Upon receipt of the notification, the attorney general, 20,545
prosecuting attorney, city attorney, village solicitor, or other 20,546
chief legal officer of a municipal corporation shall file a 20,547
complaint in the court of common pleas of the county in which the 20,548
center or type A home is located requesting that the court grant 20,549
an order enjoining the owner from operating the center or type A 20,550
home. The court shall grant such injunctive relief upon a showing 20,551
that the respondent named in the complaint is operating a center 20,552
or type A home and is doing so without a license. 20,553
(I) THE DEPARTMENT SHALL PREPARE AN ANNUAL REPORT ON 20,555
INSPECTIONS CONDUCTED UNDER THIS SECTION. THE REPORT SHALL 20,556
497
INCLUDE THE NUMBER OF INSPECTIONS CONDUCTED, THE NUMBER AND TYPES 20,557
OF VIOLATIONS FOUND, AND THE STEPS TAKEN TO ADDRESS THE 20,558
VIOLATIONS. THE DEPARTMENT SHALL FILE THE REPORT WITH THE 20,559
GOVERNOR, THE PRESIDENT AND MINORITY LEADER OF THE SENATE, AND 20,560
THE SPEAKER AND MINORITY LEADER OF THE HOUSE OF REPRESENTATIVES
ON OR BEFORE THE FIRST DAY OF JANUARY OF EACH YEAR, BEGINNING IN 20,561
1999.
Sec. 5104.081. There is hereby created in the THE 20,570
department of human services a division of child day-care. The 20,571
division BUREAU shall administer and enforce the requirements of 20,573
this chapter and any rules adopted under it EMPLOY AT LEAST ONE 20,574
SENIOR-LEVEL FULL-TIME EMPLOYEE WHO SHALL MANAGE AND OVERSEE ALL 20,575
CHILD DAY-CARE FUNCTIONS UNDER THE AUTHORITY OF THE DEPARTMENT. 20,576
Sec. 5104.11. (A) After receipt of an application for 20,586
certification from a type B family day-care home, the county 20,587
director of human services shall inspect. If it complies with 20,589
this chapter and any applicable rules adopted under this chapter, 20,590
the county department shall certify the type B family day-care 20,591
home to provide publicly funded child day-care pursuant to this 20,592
chapter and any rules adopted under it. A THE DIRECTOR OF HUMAN 20,593
SERVICES OR A county director of human services may contract with 20,594
A GOVERNMENT ENTITY OR a private nonprofit entity for that entity 20,595
to inspect and certify type B family day-care homes pursuant to 20,596
this section. The county department of human services, 20,597
GOVERNMENT ENTITY, or nonprofit entity shall conduct the 20,599
inspection prior to the issuance of a certificate for the type B 20,600
home and, as part of that inspection, shall ensure that the type 20,601
B home is safe and sanitary. An authorized provider of a type B 20,602
family day-care home that receives a certificate pursuant to this 20,603
section to provide publicly funded child day-care is an 20,604
independent contractor and is not an employee of the county 20,605
department of human services that issues the certificate. 20,606
(B) Every person desiring to receive certification for a 20,608
type B family day-care home shall apply for certification to the 20,609
498
county director of human services on such forms as the director 20,610
of human services prescribes. The county director shall provide 20,611
at no charge to each applicant a copy of rules for certifying 20,612
type B family day-care homes adopted pursuant to this chapter. 20,613
(C) If the county director of human services determines 20,615
that the type B family day-care home complies with this chapter 20,616
and any rules adopted under it, he THE COUNTY DIRECTOR shall 20,617
issue to the provider a certificate to provide publicly funded 20,619
child day-care for twelve months. The county director may revoke 20,620
the certificate when he determines AFTER DETERMINING that 20,621
revocation is necessary. The authorized provider shall post the 20,623
certificate in a conspicuous place in the certified type B home 20,624
that is accessible to parents, custodians, or guardians at all 20,625
times. The certificate shall state the name and address of the 20,626
authorized provider, the maximum number of children who may be 20,627
cared for at any one time in the certified type B home, the 20,628
expiration date of the certification, and the name and telephone 20,629
number of the county director who issued the certificate. 20,630
(D) The county director shall inspect every certified type 20,632
B family day-care home at least twice within each twelve-month 20,633
period of the operation of the certified type B home. A minimum 20,634
of one inspection shall be unannounced and all inspections may be 20,635
unannounced. Upon receipt of a complaint, the county director 20,636
shall investigate and may inspect the certified type B home. The 20,637
authorized provider shall permit the county director to inspect 20,638
any part of the certified type B home. The county director shall 20,639
prepare a written inspection report and furnish one copy to the 20,640
authorized provider within a reasonable time after the 20,641
inspection. 20,642
(E) The county director of human services, in accordance 20,644
with rules adopted pursuant to section 5104.052 of the Revised 20,645
Code regarding fire safety and fire prevention, shall inspect 20,646
each type B home that applies to be certified that is providing 20,647
or is to provide publicly funded child day-care. 20,648
499
(F) All materials that are supplied by the department of 20,650
human services to type A family day-care home providers, type B 20,651
family day-care home providers, in-home aides, persons who desire 20,652
to be type A family day-care home providers, type B family 20,653
day-care home providers, or in-home aides, and caretaker parents 20,654
shall be written at no higher than the sixth grade reading level. 20,655
The department may employ a readability expert to verify its 20,656
compliance with this division. 20,657
Sec. 5104.13. NO LATER THAN JULY 1, 1998, AND AT 20,659
REASONABLE INTERVALS THEREAFTER, THE DEPARTMENT OF HUMAN SERVICES 20,660
SHALL PUBLISH A GUIDE DESCRIBING STATE STATUTES AND RULES 20,661
GOVERNING THE CERTIFICATION OF TYPE B FAMILY DAY-CARE HOMES. THE 20,662
DEPARTMENT SHALL DISTRIBUTE THE GUIDE TO COUNTY DEPARTMENTS OF 20,663
HUMAN SERVICES IN SUFFICIENT NUMBER THAT A COPY IS AVAILABLE TO 20,664
EACH TYPE B HOME PROVIDER.
Sec. 5104.30. (A) The department of human services is 20,673
hereby designated as the state agency responsible for 20,674
administration and coordination of federal and state funding for 20,675
publicly funded child day-care in this state. The PUBLICLY 20,676
FUNDED CHILD DAY-CARE SHALL BE PROVIDED TO THE FOLLOWING: 20,677
(1) RECIPIENTS OF TRANSITIONAL CHILD DAY-CARE AS PROVIDED 20,679
UNDER SECTION 5104.34 OF THE REVISED CODE; 20,680
(2) PARTICIPANTS IN THE WORK COMPONENT OF THE OHIO WORKS 20,683
FIRST PROGRAM ESTABLISHED UNDER CHAPTER 5107. OF THE REVISED
CODE;
(3) SUBJECT TO AVAILABLE FUNDS, OTHER INDIVIDUALS 20,685
DETERMINED ELIGIBLE IN ACCORDANCE WITH RULES ADOPTED UNDER 20,686
SECTION 5104.38 OF THE REVISED CODE.
THE department shall apply to the United States department 20,689
of health and human services for authority to operate a 20,690
coordinated program for publicly funded child day-care, if the 20,691
director of human services determines that the application is 20,692
necessary. For purposes of this section, the department of human 20,693
services may enter into agreements with other state agencies that 20,694
500
are involved in regulation or funding of child day-care. The 20,695
department shall consider the special needs of migrant workers 20,696
when it administers and coordinates publicly funded child 20,697
day-care and shall develop appropriate procedures for 20,698
accommodating the needs of migrant workers for publicly funded 20,699
child day-care.
(B) The department of human services shall distribute 20,701
state and federal funds for publicly funded child day-care, 20,702
including appropriations of state funds for publicly funded child 20,703
day-care and appropriations of federal funds for publicly funded 20,704
child day-care under Title IV-A of the "Social Security Act," 49 20,705
Stat. 627 (1935), 42 U.S.C.A. 601, as amended, Title XX of the 20,706
"Social Security Act," 88 Stat. 2337 (1974), 42 U.S.C.A. 1397, as 20,707
amended, the "Family Support Act of 1988," 102 Stat. 2343, 42 20,708
U.S.C.A. 1305 note, as amended, section 5081 of the "Omnibus 20,709
Budget Reconciliation Act of 1990," 104 Stat. 1388-233, 42 U.S.C. 20,710
602(i), as amended, and the child care block grant act. The 20,711
department may use any state funds appropriated for publicly 20,712
funded child day-care as the state share required to match any 20,713
federal funds appropriated for publicly funded child day-care. 20,714
(C) The department may use federal funds available under 20,716
the child care block grant act to hire staff to prepare any rules 20,717
required under this chapter and to administer and coordinate 20,718
federal and state funding for publicly funded child day-care. In 20,719
accordance with the applicable provisions of sections 20,720
658(E)(c)(3)(C), (G), and (H) of the child care block grant act, 20,721
42 U.S.C. 9858(c)(c)(3)(C), (e), and (f), the department shall 20,722
allocate and use at least twenty-five per cent of those federal 20,723
funds for a program of grants and loans that are distributed upon 20,724
application for proposals to improve the quality, and increase 20,725
the supply, of child day-care and to provide before school, after 20,726
school, and early childhood development services, shall use not 20,727
less than seventy-five per cent of the twenty-five per cent 20,728
allocated for the grant and loan program to establish or to 20,729
501
expand and conduct, through grants or contracts, early childhood 20,730
development programs or before school and after school child 20,731
day-care programs, and shall use not less than twenty per cent of 20,732
the twenty-five per cent allocated for the grant and loan program 20,733
for child day-care resource and referral services, for grants and 20,734
loans to assist providers of child day-care in meeting the 20,735
requirements of this chapter, to monitor compliance with this 20,736
chapter, to provide training and technical assistance relative to 20,737
child day-care, and to improve compensation paid to child 20,738
day-care staff.
The department shall establish procedures for requesting 20,740
proposals and awarding grants under this division for expanding 20,741
and conducting early childhood development programs or before 20,742
school and after school child day-care programs. Each county may 20,743
submit only one coordinated proposal. The proposal shall include 20,744
a community needs assessment and evidence of broad community 20,745
participation in the proposal's development. The proposal may 20,746
provide that funds are to be divided among several child care 20,747
programs or prospective child care programs. At minimum, the 20,748
county coordinated proposal shall be endorsed by a majority of 20,749
the following: the director of the county department of human 20,750
services, the superintendents of school districts in which the 20,751
programs are proposed, the head start programs in the county, and 20,752
the child day-care resource and referral service organizations 20,753
serving the county. NOT MORE THAN FIVE PER CENT OF THE AGGREGATE 20,755
AMOUNT OF THOSE FEDERAL FUNDS RECEIVED FOR A FISCAL YEAR MAY BE
EXPENDED FOR ADMINISTRATIVE COSTS. THE DEPARTMENT SHALL ALLOCATE 20,756
AND USE AT LEAST FOUR PER CENT OF THE FEDERAL FUNDS FOR THE 20,757
FOLLOWING:
(1) ACTIVITIES DESIGNED TO PROVIDE COMPREHENSIVE CONSUMER 20,759
EDUCATION TO PARENTS AND THE PUBLIC; 20,760
(2) ACTIVITIES THAT INCREASE PARENTAL CHOICE; 20,762
(3) ACTIVITIES, INCLUDING CHILD DAY-CARE RESOURCE AND 20,764
REFERRAL SERVICES, DESIGNED TO IMPROVE THE QUALITY, AND INCREASE 20,765
502
THE SUPPLY, OF CHILD DAY-CARE.
(D) The department shall ensure that any federal funds 20,767
received by the state under the child care block grant act will 20,768
be used only to supplement, and will not be used to supplant, 20,769
federal, state, and local funds available on the effective date 20,770
of that act for publicly funded child day-care and related 20,771
programs. A county department of human services may purchase 20,772
child day-care from funds obtained through any other means. 20,773
(E) The department shall encourage the development of 20,775
suitable child day-care throughout the state, especially in areas 20,776
with high concentrations of recipients of public assistance and 20,777
families with low adjusted incomes. The department shall 20,778
encourage the development of suitable child day-care designed to 20,779
accommodate the special needs of migrant workers. On request, 20,780
the department, through its employees or contracts with state or 20,781
community child day-care resource and referral service 20,782
organizations, shall provide consultation to groups and 20,783
individuals interested in developing child day-care. The 20,784
department of human services may enter into interagency 20,785
agreements with the department of education, the board of 20,786
regents, the department of development, and other state agencies 20,787
and entities whenever the cooperative efforts of the other state 20,788
agencies and entities are necessary for the department of human 20,789
services to fulfill its duties and responsibilities under this 20,790
chapter. 20,791
THE DEPARTMENT MAY DEVELOP AND MAINTAIN A REGISTRY OF 20,793
PERSONS PROVIDING CHILD DAY-CARE AND MAY ADOPT RULES PURSUANT TO 20,794
CHAPTER 119. OF THE REVISED CODE ESTABLISHING PROCEDURES AND 20,795
REQUIREMENTS FOR ITS ADMINISTRATION.
(F) Based upon the market rate surveys it conducts in 20,797
accordance with rules adopted under Chapter 119. of the Revised 20,798
Code, the department of human services shall establish a maximum 20,799
rate of assistance that it will reimburse county departments of 20,800
human services for payments made to a child day-care center, type 20,801
503
A family day-care home, certified type B family day-care home, 20,802
certified in-home aide, approved child day camp, licensed school 20,803
child program, or licensed preschool program, which rate of 20,804
assistance may include a specific maximum rate for child day-care 20,805
that meets the performance standards of the "Head Start Act," 95 20,806
Stat. 499, 42 U.S.C. 9831 (1981), as amended, or that is 20,807
accredited by a nationally recognized early childhood education 20,808
or child care organization that provides on-site peer review and 20,809
has written standards exceeding the child day-care licensing 20,810
standards of this state that are reviewed periodically by its 20,811
members. If the department chooses to include a specific maximum 20,812
rate for child day-care received from providers accredited by 20,813
nationally recognized organizations, the department may annually 20,814
compile and publish a list of the organizations that qualify as 20,815
such accrediting organizations under this division. The 20,816
department may adopt rules regarding specific maximum rates, but 20,817
shall not implement them prior to July 1, 1992. The department 20,818
shall use the rate adopted for day-care of school children during 20,819
vacation hours when determining the maximum rate of assistance 20,820
that it will reimburse county departments of human services for 20,821
payments made to an approved child day camp. 20,822
The maximum rate may be waived by the department upon the 20,824
request of a county department of human services for an increase 20,825
in the rate of assistance based on the special needs of a child, 20,826
the special circumstances of a family, or unique child day-care 20,827
market conditions. The maximum rate may vary from county to 20,828
county according to variations in the cost of their services. 20,829
(G) The department shall adopt rules in accordance with 20,831
Chapter 119. of the Revised Code establishing A PROCEDURE FOR 20,832
DETERMINING RATES OF REIMBURSEMENT AND a procedure for paying 20,833
providers of publicly funded child day-care. IN ESTABLISHING 20,834
RATES OF REIMBURSEMENT PURSUANT TO THIS DIVISION, THE DEPARTMENT 20,835
SHALL USE THE INFORMATION OBTAINED UNDER DIVISION (B)(3) OF 20,836
SECTION 5104.04 OF THE REVISED CODE AND MAY ESTABLISH DIFFERENT 20,837
504
RATES OF REIMBURSEMENT BASED ON THE GEOGRAPHIC LOCATION OF THE
PROVIDER, TYPE OF CARE PROVIDED, AGE OF THE CHILD SERVED, SPECIAL 20,838
NEEDS OF THE CHILD, WHETHER EXPANDED HOURS OF SERVICE ARE 20,839
PROVIDED, WHETHER WEEKEND SERVICE IS PROVIDED, WHETHER THE 20,840
PROVIDER HAS EXCEEDED THE MINIMUM REQUIREMENTS OF STATE STATUTES 20,841
AND RULES GOVERNING CHILD DAY-CARE, AND ANY OTHER FACTORS THE 20,842
DEPARTMENT CONSIDERS APPROPRIATE.
Sec. 5104.301. A COUNTY DEPARTMENT OF HUMAN SERVICES MAY 20,844
ESTABLISH A PROGRAM TO ENCOURAGE THE ORGANIZATION OF PARENT 20,845
COOPERATIVE CHILD DAY-CARE CENTERS AND PARENT COOPERATIVE TYPE A 20,847
FAMILY DAY-CARE HOMES FOR RECIPIENTS OF PUBLICLY FUNDED CHILD 20,848
DAY-CARE. A PROGRAM ESTABLISHED UNDER THIS SECTION MAY INCLUDE 20,849
ANY OF THE FOLLOWING: 20,850
(A) RECRUITMENT OF PARENTS INTERESTED IN ORGANIZING A 20,853
PARENT COOPERATIVE CHILD DAY-CARE CENTER OR PARENT COOPERATIVE 20,854
TYPE A FAMILY DAY-CARE HOME; 20,855
(B) PROVISION OF TECHNICAL ASSISTANCE IN ORGANIZING A 20,858
PARENT COOPERATIVE CHILD DAY-CARE CENTER OR PARENT COOPERATIVE 20,859
TYPE A FAMILY DAY-CARE HOME; 20,860
(C) ASSISTANCE IN THE DEVELOPING, CONDUCTING, AND 20,863
DISSEMINATING TRAINING FOR PARENTS INTERESTED IN ORGANIZING A 20,864
PARENT COOPERATIVE CHILD DAY-CARE CENTER OR PARENT COOPERATIVE 20,865
TYPE A FAMILY DAY-CARE HOME. 20,866
A COUNTY DEPARTMENT THAT IMPLEMENTS A PROGRAM UNDER THIS 20,868
SECTION SHALL RECEIVE FROM THE STATE FUNDS APPROPRIATED FOR THE 20,870
OHIO WORKS FIRST PROGRAM ESTABLISHED UNDER CHAPTER 5107. OF THE 20,872
REVISED CODE A FIVE THOUSAND DOLLAR INCENTIVE PAYMENT FOR EACH 20,874
PARENT COOPERATIVE CHILD DAY-CARE CENTER OR PARENT COOPERATIVE 20,875
TYPE A FAMILY DAY-CARE HOME ORGANIZED PURSUANT TO THIS SECTION. 20,877
PARENTS OF CHILDREN ENROLLED IN A PARENT COOPERATIVE CHILD 20,879
DAY-CARE CENTER OR PARENT COOPERATIVE TYPE A FAMILY DAY-CARE HOME 20,881
PURSUANT TO THIS SECTION SHALL BE REQUIRED TO WORK IN THE CENTER 20,882
OR HOME A MINIMUM OF FOUR HOURS PER WEEK. THE DEPARTMENT OF 20,883
HUMAN SERVICES SHALL INCREASE THE CASH ASSISTANCE PAYMENT 20,884
505
PROVIDED UNDER THE WORK COMPONENT OF THE OHIO WORKS FIRST PROGRAM 20,886
ESTABLISHED UNDER CHAPTER 5107. OF THE REVISED CODE TO AN 20,889
ASSISTANCE GROUP THAT PARTICIPATES IN A PARENT COOPERATIVE CHILD 20,890
DAY-CARE CENTER OR PARENT COOPERATIVE TYPE A FAMILY DAY-CARE HOME 20,892
PURSUANT TO THIS SECTION BY TWENTY-FIVE CENTS PER CHILD FOR EACH 20,894
HOUR THAT THE CHILD RECEIVES PUBLICLY FUNDED CHILD DAY-CARE IN 20,895
THE CENTER OR HOME. THE INCREASE UNDER THIS SECTION SHALL OCCUR 20,896
REGARDLESS OF WHETHER THE INCREASE RESULTS IN A CASH ASSISTANCE 20,897
PAYMENT THAT IS GREATER THAN THE PAYMENT STANDARD AS DEFINED IN 20,898
SECTION 5107.02 OF THE REVISED CODE. 20,900
THE DEPARTMENT OF HUMAN SERVICES SHALL ADOPT RULES 20,902
GOVERNING THE ESTABLISHMENT AND OPERATION OF PROGRAMS UNDER THIS 20,903
SECTION. 20,904
Sec. 5104.31. Publicly funded child day-care may be 20,913
provided only by a child day-care center or type A family 20,915
day-care home, INCLUDING A PARENT COOPERATIVE CHILD DAY-CARE 20,916
CENTER OR PARENT COOPERATIVE TYPE A FAMILY DAY-CARE HOME, 20,917
licensed by the department of human services pursuant to section 20,919
5104.03 of the Revised Code, a type B family day-care home 20,921
certified by the county department of human services pursuant to 20,922
section 5104.11 of the Revised Code, an in-home aide who has been 20,923
certified by the county department of human services pursuant to 20,925
section 5104.12 of the Revised Code, a child day camp approved 20,927
pursuant to section 5104.22 of the Revised Code, a licensed 20,929
preschool program, or a licensed school child program. 20,930
Sec. 5104.32. (A) Except as provided in divisions 20,939
DIVISION (C) and (D) of this section, all purchases of publicly 20,940
funded child day-care shall be made under a contract entered into 20,941
by a licensed child day-care center, licensed type A family 20,942
day-care home, certified type B family day-care home, certified 20,943
in-home aide, approved child day camp, licensed preschool 20,944
program, or licensed school child program and the county 20,945
department of human services. A county department of human 20,946
services may enter into a contract with a provider for publicly 20,947
506
funded child day-care for a specified period of time or upon a 20,948
continuous basis for an unspecified period of time. All 20,949
contracts for publicly funded child day-care shall be contingent 20,950
upon the availability of state and federal funds. The department 20,951
of human services shall prescribe a standard form to be used for 20,952
all contracts for the purchase of publicly funded child day-care, 20,953
regardless of the source of public funds used to purchase the 20,954
child day-care. To the extent permitted by federal law and 20,955
notwithstanding any other provision of the Revised Code that 20,956
regulates state or county contracts or contracts involving the 20,957
expenditure of state, county, or federal funds, all contracts for 20,958
publicly funded child day-care shall be entered into in 20,959
accordance with the provisions of this chapter and are exempt 20,960
from any other provision of the Revised Code that regulates state 20,961
or county contracts or contracts involving the expenditure of 20,962
state, county, or federal funds. 20,963
(B) Each contract for publicly funded child day-care shall 20,965
specify at least the following: 20,966
(1) That the provider of publicly funded child day-care 20,968
agrees to be paid for rendering services at the lower of the rate 20,969
customarily charged by the provider for children enrolled for 20,970
child day-care or the maximum rate of assistance established 20,971
under section 5104.30 of the Revised Code RATE OF REIMBURSEMENT 20,972
ESTABLISHED PURSUANT TO SECTION 5104.30 OF THE REVISED CODE; 20,973
(2) That, if a provider provides child day-care to an 20,975
individual potentially eligible for publicly funded child 20,976
day-care who is subsequently determined to be eligible, the 20,977
county department agrees to pay for all child day-care provided 20,978
between the date the county department receives the individual's 20,979
completed application and the date the individual's eligibility 20,980
is determined; 20,981
(3) Whether the county department of human services, the 20,983
provider, or a child day-care resource and referral service 20,984
organization will make eligibility determinations, whether the 20,985
507
provider or a child day-care resource and referral service 20,986
organization will be required to collect information to be used 20,987
by the county department to make eligibility determinations, and 20,988
the time period within which the provider or child day-care 20,989
resource and referral service organization is required to 20,990
complete required eligibility determinations or to transmit to 20,991
the county department any information collected for the purpose 20,992
of making eligibility determinations; 20,993
(4) That the provider shall continue to be licensed, 20,995
approved, or certified pursuant to this chapter or sections 20,996
3301.52 to 3301.59 of the Revised Code and shall comply with all 20,997
standards and other requirements in this chapter and those 20,998
sections and in rules adopted pursuant to this chapter or those 20,999
sections for maintaining the provider's license, approval, or 21,000
certification; 21,001
(5) Whether the provider will be paid by the county 21,003
department of human services or the state department of human 21,004
services; 21,005
(6) That the contract is subject to the availability of 21,007
state and federal funds. 21,008
(C) Unless specifically prohibited by federal law, the 21,010
county department of human services shall give individuals 21,011
eligible for publicly funded child day-care the option of 21,012
obtaining certificates for payment that the individual may use to 21,013
purchase services from any provider qualified to provide publicly 21,014
funded child day-care under section 5104.31 of the Revised Code. 21,015
Providers of publicly funded child day-care may present these 21,016
certificates for payment for reimbursement in accordance with 21,017
rules that the department of human services shall adopt. Only 21,018
providers may receive reimbursement for certificates for payment. 21,019
The value of the certificate for payment shall be based on the 21,020
lower of the rate customarily charged by the provider or the 21,021
maximum rate of assistance established under section 5104.30 of 21,022
the Revised Code RATE OF REIMBURSEMENT ESTABLISHED PURSUANT TO 21,023
508
SECTION 5104.30 OF THE REVISED CODE. The county department may 21,025
provide the certificates for payment to the individuals or may 21,026
contract with child day-care providers or child day-care resource 21,027
and referral service organizations that make determinations of 21,028
eligibility for publicly funded child day-care pursuant to 21,029
contracts entered into under section 5104.34 of the Revised Code 21,030
for the providers or resource and referral service organizations 21,031
to provide the certificates for payment to individuals whom they 21,032
determine are eligible for publicly funded child day-care. 21,033
(D) As used in this division, "transitional child 21,035
day-care" means the child day-care provided in accordance with 21,036
Title IV-A of the "Social Security Act," 49 Stat. 627 (1935), 42 21,037
U.S.C. 602(g), as amended, for a period of twelve months, to a 21,038
family that has ceased to receive assistance under Chapter 5107. 21,039
of the Revised Code due to employment. 21,040
Families eligible for retroactive transitional child 21,042
day-care may be reimbursed directly for the cost of child 21,043
day-care provided during the family's period of eligibility for 21,044
transitional child day-care. 21,045
Sec. 5104.34. (A)(1) Each county department of human 21,054
services shall implement procedures for making determinations of 21,055
eligibility for publicly funded child day-care. Under those 21,056
procedures, the eligibility determination for each applicant 21,057
shall be made no later than thirty calendar days from the date 21,058
the county department receives a completed application for 21,059
publicly funded child day-care. Each applicant shall be notified 21,060
promptly of the results of the eligibility determination. An 21,061
applicant aggrieved by a decision or delay in making an 21,062
eligibility determination may appeal the decision or delay to the 21,063
department of human services in accordance with section 5101.35 21,064
of the Revised Code. The due process rights of applicants shall 21,065
be protected. 21,066
To the extent permitted by federal law, the county 21,068
department may make all determinations of eligibility for 21,069
509
publicly funded child day-care, may contract with child day-care 21,070
providers or child day-care resource and referral service 21,071
organizations for the providers or resource and referral service 21,072
organizations to make all or any part of the determinations, and 21,073
may contract with child day-care providers or child day-care 21,074
resource and referral service organizations for the providers or 21,075
resource and referral service organizations to collect specified 21,076
information for use by the county department in making 21,077
determinations. If a county department contracts with a child 21,078
day-care provider or a child day-care resource and referral 21,079
service organization for eligibility determinations or for the 21,080
collection of information, the contract shall require the 21,081
provider or resource and referral service organization to make 21,082
each eligibility determination no later than thirty calendar days 21,083
from the date the provider or resource and referral organization 21,084
receives a completed application that is the basis of the 21,085
determination and to collect and transmit all necessary 21,086
information to the county department within a period of time that 21,087
enables the county department to make each eligibility 21,088
determination no later than thirty days after the filing of the 21,089
application that is the basis of the determination. 21,090
The county department may station employees of the 21,092
department in various locations throughout the county and may 21,093
assign employees of the department to hours of employment outside 21,094
the normal working hours of the department to collect information 21,095
relevant to applications for publicly funded child day-care and 21,096
to make eligibility determinations. The county department, child 21,097
day-care provider, and child day-care resource and referral 21,098
service organization shall make each determination of eligibility 21,099
for publicly funded child day-care no later than thirty days 21,100
after the filing of the application that is the basis of the 21,101
determination, shall make each determination in accordance with 21,102
any relevant rules adopted pursuant to section 5104.38 of the 21,103
Revised Code, and shall notify promptly each applicant for 21,104
510
publicly funded child day-care of the results of the 21,105
determination of the applicant's eligibility. 21,106
On or before October 1, 1991, the department of human 21,108
services shall adopt rules in accordance with Chapter 119. of the 21,109
Revised Code for monitoring the eligibility determination 21,110
process. In accordance with those rules, the state department 21,111
shall monitor eligibility determinations made by county 21,112
departments of human services and shall direct any entity that is 21,113
not in compliance with this division or any rule adopted under 21,114
this division to implement corrective action specified by the 21,115
department. 21,116
(2) FOR AN APPLICANT TO BE ELIGIBLE FOR PUBLICLY FUNDED 21,118
CHILD DAY-CARE, THE CARETAKER PARENT MUST BE EMPLOYED OR 21,119
PARTICIPATING IN A PROGRAM OF EDUCATION OR TRAINING FOR AN AMOUNT 21,120
OF TIME REASONABLY RELATED TO THE TIME THAT THE PARENT'S CHILDREN 21,121
ARE RECEIVING PUBLICLY FUNDED CHILD DAY-CARE. THIS RESTRICTION 21,122
DOES NOT APPLY TO FAMILIES WHOSE CHILDREN ARE ELIGIBLE FOR
PROTECTIVE OR SPECIAL NEEDS DAY-CARE. All eligibility 21,123
determinations for publicly funded child day-care shall be made 21,125
in accordance with rules adopted by the department of human 21,126
services pursuant to division (A) of section 5104.38 of the 21,127
Revised Code.
Families eligible for transitional child day-care, as 21,129
defined in division (D) of section 5104.32 of the Revised Code, 21,130
may be eligible for retroactive transitional child day-care 21,131
benefits, reimbursement of costs for child day-care provided 21,132
during the family's period of eligibility for transitional child 21,133
day-care, or both. 21,134
(3) AN ASSISTANCE GROUP THAT CEASES TO PARTICIPATE IN THE 21,136
WORK COMPONENT OF THE OHIO WORKS FIRST PROGRAM ESTABLISHED UNDER 21,138
CHAPTER 5107. OF THE REVISED CODE IS ELIGIBLE FOR TRANSITIONAL
CHILD DAY-CARE AT ANY TIME DURING THE IMMEDIATELY FOLLOWING 21,139
TWELVE-MONTH PERIOD THAT BOTH OF THE FOLLOWING APPLY: 21,140
(a) THE ASSISTANCE GROUP REQUIRES CHILD DAY-CARE DUE TO 21,142
511
EMPLOYMENT; 21,143
(b) THE ASSISTANCE GROUP'S INCOME IS NOT MORE THAN ONE 21,145
HUNDRED FIFTY PER CENT OF THE FEDERAL POVERTY LINE. 21,146
AN ASSISTANCE GROUP INELIGIBLE FOR ASSISTANCE UNDER THE 21,148
WORK COMPONENT PURSUANT TO SECTION 5107.17 OR SECTION 5107.21 OF 21,149
THE REVISED CODE IS NOT ELIGIBLE FOR TRANSITIONAL CHILD DAY-CARE. 21,151
(B) To the extent permitted by federal law, a county 21,153
department of human services may require a caretaker parent 21,154
determined to be eligible for publicly funded child day-care to 21,155
pay a fee according to the schedule of fees established in rules 21,156
adopted under section 5104.38 of the Revised Code, except that a 21,157
county department shall not require any caretaker parent to pay a 21,158
fee for protective day-care. Each county department shall make 21,159
protective day-care services available to children without regard 21,160
to the adjusted income or assets of the caretaker parent of the 21,162
child.
(C) A caretaker parent receiving publicly funded child 21,164
day-care shall report to the entity that determined eligibility 21,166
any changes in status with respect to employment or participation 21,167
in a program of education or training.
Sec. 5104.38. In addition to any other rules adopted under 21,176
this chapter, the department of human services shall adopt rules 21,177
in accordance with Chapter 119. of the Revised Code that 21,178
establish GOVERNING FINANCIAL AND ADMINISTRATIVE REQUIREMENTS FOR 21,180
PUBLICLY FUNDED CHILD DAY-CARE AND ESTABLISHING all of the 21,181
following:
(A) Procedures and criteria to be used in making 21,183
determinations of eligibility for publicly funded child day-care 21,184
that give priority to children of families with lower adjusted 21,185
incomes, including any amounts to be deducted from adjusted gross 21,186
income for the purpose of determining adjusted income and 21,187
procedures and criteria for eligibility for publicly funded 21,188
protective day-care;. THE RULES SHALL SPECIFY THE MAXIMUM AMOUNT 21,189
OF INCOME A FAMILY MAY HAVE FOR INITIAL ELIGIBILITY AND ALLOW A 21,190
512
FAMILY TO CONTINUE TO RECEIVE PUBLICLY FUNDED CHILD DAY-CARE 21,191
UNTIL THE FAMILY'S INCOME EXCEEDS ONE HUNDRED FIFTY PER CENT OF 21,192
THE FEDERAL POVERTY LINE.
INITIAL AND CONTINUED ELIGIBILITY FOR PUBLICLY FUNDED CHILD 21,194
DAY-CARE IS SUBJECT TO AVAILABLE FUNDS IF THE FAMILY IS NOT 21,195
RECEIVING TRANSITIONAL CHILD DAY-CARE AS PROVIDED UNDER SECTION 21,196
5104.34 OF THE REVISED CODE OR PARTICIPATING IN THE WORK
COMPONENT OF THE OHIO WORKS FIRST PROGRAM ESTABLISHED UNDER 21,198
CHAPTER 5107. OF THE REVISED CODE. IF THE DEPARTMENT MUST LIMIT
ELIGIBILITY DUE TO LACK OF AVAILABLE FUNDS, IT SHALL GIVE FIRST 21,199
PRIORITY FOR PUBLICLY FUNDED CHILD DAY-CARE TO AN ASSISTANCE 21,200
GROUP WHOSE INCOME IS NOT MORE THAN ONE HUNDRED FIFTY PER CENT OF 21,201
THE FEDERAL POVERTY LINE THAT RECEIVED TRANSITIONAL CHILD 21,202
DAY-CARE IN THE PREVIOUS MONTH BUT IS NO LONGER ELIGIBLE BECAUSE
THE TWELVE-MONTH PERIOD HAS EXPIRED. SUCH AN ASSISTANCE GROUP 21,203
SHALL CONTINUE TO RECEIVE PRIORITY FOR PUBLICLY FUNDED CHILD 21,204
DAY-CARE UNTIL ITS INCOME EXCEEDS ONE HUNDRED FIFTY PER CENT OF 21,205
THE FEDERAL POVERTY LINE.
(B) A schedule of fees requiring any or all eligible 21,207
caretaker parents to pay a fee for publicly funded child day-care 21,208
according to adjusted income and family size, which schedule of 21,210
fees shall be uniform for all types of publicly funded child 21,211
day-care, shall not apply to caretaker parents whose children 21,212
receive protective day-care EXCEPT AS AUTHORIZED BY RULE, and, to 21,213
the extent permitted by federal law, shall permit the use of 21,214
state and federal funds to pay the customary deposits and other 21,215
advance payments that a provider charges all children who receive 21,216
child day-care from that provider; 21,217
(C) A formula based upon a percentage of the county's 21,219
total expenditures for publicly funded child day-care for 21,220
determining the maximum amount of state and federal funds 21,221
appropriated for publicly funded child day-care that a county 21,222
department may use for administrative purposes; a definition of 21,223
administrative purposes that specifies that recruiting child 21,224
513
day-care providers, providing child day-care resource and 21,225
referral services through a nonprofit organization or a county 21,226
department of human services, certifying child day-care 21,227
providers, and providing technical assistance training are not 21,228
administrative purposes; a formula for allocating, during the 21,229
first year after July 22, 1991, state and federal funds available 21,230
for publicly funded child day-care to county departments of human 21,231
services to begin to recruit and certify type B family child 21,232
day-care homes, which formula is based upon the same criteria as 21,233
are used to determine state allotments under section 658(O)(b) of 21,234
the child care block grant act, 42 U.S.C. 9858(m)(b); and a 21,235
formula for allocating, after that first year, state and federal 21,236
funds available for publicly funded child day-care to county 21,237
departments for those purposes upon the basis of the number of 21,238
children receiving publicly funded child day-care in type B 21,239
family day-care homes and other performance related standards; 21,240
(D) Procedures to be followed by the department and county 21,242
departments in recruiting individuals and groups to become 21,243
providers of child day-care; 21,244
(E) Procedures to be followed in establishing state or 21,246
local programs designed to assist individuals who are eligible 21,247
for publicly funded child day-care in identifying the resources 21,248
available to them and to refer the individuals to appropriate 21,249
sources to obtain child day-care; 21,250
(F) Procedures to deal with fraud and abuse committed by 21,252
either recipients or providers of publicly funded child day-care; 21,253
(G) Procedures for establishing a child day-care grant or 21,255
loan program in accordance with the child care block grant act; 21,256
(H) Standards and procedures for applicants to apply for 21,258
grants and loans, and for the department to make grants and 21,260
loans, under the grant and loan program established pursuant to
division (C) of section 5104.30 of the Revised Code; 21,261
(I) A definition of "person who stands in loco parentis" 21,263
for the purposes of division (CC)(HH)(1) of section 5104.01 of 21,265
514
the Revised Code;
(J) Any other rules necessary to carry out sections 21,267
5104.30 to 5104.39 of the Revised Code. 21,268
Sec. 5104.39. (A) The state department of human services 21,277
shall adopt rules in accordance with Chapter 119. of the Revised 21,278
Code establishing a procedure for monitoring the expenditures of 21,279
county departments of human services to ensure that expenditures 21,280
do not exceed the available federal and state funds for publicly 21,281
funded child day-care. The RULES MAY INCLUDE PROCEDURES FOR 21,282
ESTABLISHING AN ESTIMATED NUMBER OF CHILDREN ELIGIBLE TO RECEIVE 21,283
PUBLICLY FUNDED CHILD DAY-CARE PURSUANT TO RULES ADOPTED UNDER 21,284
SECTION 5104.38 OF THE REVISED CODE WHO WILL RECEIVE PUBLICLY 21,285
FUNDED CHILD DAY-CARE BASED ON AVAILABLE FEDERAL AND STATE FUNDS.
EACH MONTH, THE state department, with the assistance of the 21,286
office of budget and management AND REPRESENTATIVES OF COUNTY 21,287
DEPARTMENTS AND CHILD DAY-CARE PROVIDERS AND ADVOCATES, shall 21,288
monitor the anticipated future expenditures of county departments 21,289
for publicly funded child day-care and shall compare those 21,290
anticipated future expenditures to available federal and state 21,291
funds for publicly funded child day-care. Whenever the state 21,292
department determines that the anticipated future expenditures of 21,293
the county departments will exceed the available federal and 21,294
state funds for publicly funded child day-care, it promptly shall 21,295
notify the county departments and, before the available state and 21,296
federal funds are used, the director of human services shall 21,297
issue and implement an administrative order that shall specify 21,298
both of the following: 21,299
(1) Priorities for allocating EXPENDING the remaining 21,301
available federal and state funds for publicly funded child 21,302
day-care;
(2) Instructions and procedures to be used by the county 21,304
departments. 21,305
The order may suspend enrollment of all new participants in 21,307
any program of publicly funded child day-care or may limit 21,308
515
enrollment of new participants to those with adjusted incomes at 21,309
or below a specified percentage below the federal poverty line, 21,311
but it shall not limit enrollment by otherwise narrowing 21,312
eligibility standards established in statute for publicly funded 21,313
child day-care. 21,314
Each county department shall comply with the order no later 21,316
than thirty days after it is issued. If the state department 21,317
fails to notify the county departments and to implement the 21,318
reallocation priorities specified in the order before the 21,319
available federal and state funds for publicly funded child 21,320
day-care are used, the state department shall provide sufficient 21,321
funds to the county departments for publicly funded child 21,322
day-care to enable each county department to pay for all publicly 21,323
funded child day-care that was provided by providers pursuant to 21,324
contract prior to the date that the county department received 21,325
notice under this division and the state department implemented 21,326
in that county the priorities. 21,327
If after issuing an order under this division to suspend or 21,329
limit enrollment of new participants the state department 21,331
determines that available state and federal funds for publicly 21,332
funded child day-care exceed the anticipated future expenditures 21,333
of the county departments, the director may issue and implement 21,334
another administrative order increasing income eligibility levels 21,335
to a specified percentage of the federal poverty line. The order 21,336
shall include instructions and procedures to be used by the
county departments. Each county department shall comply with the 21,337
order not later than thirty days after it is issued. 21,338
(B) The state department of human services shall conduct 21,340
an annual DO ALL OF THE FOLLOWING: 21,341
(1) CONDUCT A QUARTERLY evaluation of the program of 21,343
publicly funded child day-care that is operated pursuant to 21,344
sections 5104.30 to 5104.39 of the Revised Code, prepare an 21,345
annual report;
(2) PREPARE REPORTS based upon the evaluation, and file a 21,348
516
copy of the report with both houses of the general assembly. The 21,349
report shall comply with the report required to be filed by 21,350
section 658(K) of the child care block grant act, 42 U.S.C. 21,351
9858(i) EVALUATIONS THAT SPECIFY FOR EACH COUNTY THE NUMBER OF 21,352
PARTICIPANTS AND AMOUNT OF EXPENDITURES;
(3) PROVIDE COPIES OF THE REPORTS TO BOTH HOUSES OF THE 21,354
GENERAL ASSEMBLY AND, ON REQUEST, TO INTERESTED PARTIES. 21,355
Sec. 5104.42. The state department of human services SHALL 21,365
ADOPT RULES PURSUANT TO SECTION 111.15 OF THE REVISED CODE
ESTABLISHING A PAYMENT PROCEDURE FOR PUBLICLY FUNDED CHILD 21,366
DAY-CARE. THE RULES MAY PROVIDE THAT THE STATE DEPARTMENT WILL 21,367
EITHER REIMBURSE COUNTY DEPARTMENTS OF HUMAN SERVICES FOR 21,368
PAYMENTS MADE TO PROVIDERS OF PUBLICLY FUNDED CHILD DAY-CARE OR
MAKE DIRECT PAYMENTS TO PROVIDERS PURSUANT TO AN AGREEMENT 21,369
ENTERED INTO WITH A COUNTY BOARD OF COMMISSIONERS PURSUANT TO 21,370
SECTION 5101.21 OF THE REVISED CODE.
ALTERNATELY, THE STATE DEPARTMENT, by rule adopted in 21,372
accordance with section 111.15 of the Revised Code, may establish 21,373
a methodology for allocating among the county departments of 21,375
human services the state and federal funds appropriated for all 21,376
publicly funded child day-care services other than the following: 21,377
(A) Child day-care services provided to participants of 21,379
the job opportunities and basic skills training program 21,380
established under sections 5101.80 to 5101.91 of the Revised 21,381
Code;
(B) Child day-care services provided to participants of 21,383
the learning, earning, and parenting program established under 21,384
section 5107.30 of the Revised Code; 21,385
(C) Transitional child day-care, as defined in section 21,387
5104.32 of the Revised Code. IF THE 21,388
The state department CHOOSES TO ALLOCATE FUNDS FOR PUBLICLY 21,390
FUNDED CHILD DAY-CARE, IT may provide the funds to each county 21,391
department, up to the limit of the county's allocation, by 21,393
advancing the funds or reimbursing county day-care expenditures. 21,394
517
The rules adopted under this section may prescribe procedures for 21,395
making the advances or reimbursements. The rules may establish a 21,396
method under which the state department may determine which
county expenditures for day-care services, other than those 21,397
described in divisions (A) to (C) of this section, are allowable 21,398
for use of state and federal funds. 21,399
The rules may establish procedures that a county department 21,401
shall follow when the county department determines that its 21,403
anticipated future expenditures for publicly funded child 21,404
day-care services, other than those described in divisions (A) to 21,405
(C) of this section, will exceed the amount of state and federal 21,406
funds allocated by the state department. The procedures may 21,407
include suspending or limiting enrollment of new participants.
Sec. 5107.01. (A) THE OHIO GENERAL ASSEMBLY HEREBY STATES 21,411
THE FOLLOWING BELIEFS WITH REGARD TO THE OHIO WORKS FIRST 21,412
PROGRAM: 21,413
(1) THAT THE FIRST PRIORITY FOR ADULTS AND MINOR HEADS OF 21,415
HOUSEHOLD PARTICIPATING IN THE PROGRAM IS TO WORK, WHICH INCLUDES 21,417
KEEPING AN EMPLOYER'S SCHEDULE AND SATISFYING THE EMPLOYER'S WORK 21,418
REQUIREMENTS, AND TO DEVELOP MARKETABLE SKILLS. 21,419
(2) THAT MANY ADULTS AND MINOR HEADS OF HOUSEHOLD 21,421
PARTICIPATING IN THE PROGRAM NEED TO COMPLETE HIGH SCHOOL OR 21,422
RECEIVE TRAINING FOR AN OCCUPATION IN ORDER TO QUALIFY FOR 21,423
EMPLOYMENT. 21,424
(B) THE GENERAL ASSEMBLY RECOGNIZES THAT SOME PROVISIONS 21,426
OF THE OHIO WORKS FIRST PROGRAM AS OPERATED PURSUANT TO FEDERAL 21,428
WAIVERS GRANTED BY THE UNITED STATES SECRETARY OF HEALTH AND 21,430
HUMAN SERVICES PURSUANT TO REQUESTS MADE UNDER FORMER SECTION 21,431
5101.09 OF THE REVISED CODE ENACTED BY SUBSTITUTE HOUSE BILL NO. 21,437
167 OF THE 121st GENERAL ASSEMBLY AND PURSUANT TO REQUESTS MADE 21,439
UNDER SECTION 5107.33 OF THE REVISED CODE, REGARDING THE LEAP 21,442
PROGRAM, PRIOR TO THE ENACTMENT OF THE PERSONAL RESPONSIBILITY 21,444
AND WORK OPPORTUNITY RECONCILIATION ACT OF 1996 (P.L. 104-193) 21,450
ARE INCONSISTENT WITH THAT ACT. IT IS THE INTENT OF THE GENERAL
518
ASSEMBLY TO RELY ON THE FEDERAL WAIVERS FOR AUTHORITY TO CONDUCT 21,454
THE PROGRAM IN THE MANNER SPECIFIED IN THIS CHAPTER TO ENSURE THE 21,455
WORK READINESS OF PROGRAM PARTICIPANTS BY REQUIRING AT LEAST 21,456
TWENTY HOURS OF WEEKLY PARTICIPATION IN WORK ACTIVITIES AND NO 21,457
MORE THAN TEN HOURS OF WEEKLY PARTICIPATION IN DEVELOPMENTAL 21,458
ACTIVITIES IN ACCORDANCE WITH SECTIONS 5107.40 TO 5107.68 OF THE 21,459
REVISED CODE. 21,461
Sec. 5107.01 5107.02. (A) As used in this section, 21,470
"health care" means assistance provided under the medical 21,472
assistance program established pursuant to Chapter 5111. of the 21,473
Revised Code CHAPTER: 21,474
(1) "ADULT" MEANS AN INDIVIDUAL WHO IS NOT A MINOR CHILD. 21,476
(2) "ASSISTANCE GROUP" MEANS A GROUP OF INDIVIDUALS 21,478
TREATED AS A UNIT FOR PURPOSES OF DETERMINING ELIGIBILITY FOR AND 21,479
THE AMOUNT OF ASSISTANCE PROVIDED UNDER OHIO WORKS FIRST. 21,480
(3) "FEDERAL POVERTY GUIDELINES" MEANS THE POVERTY 21,482
GUIDELINES ESTABLISHED BY THE UNITED STATES DEPARTMENT OF HEALTH 21,484
AND HUMAN SERVICES IN ACCORDANCE WITH SECTION 673(2) OF THE 21,486
"OMNIBUS BUDGET RECONCILIATION ACT OF 1981," 95 STAT. 511, 42 21,487
U.S.C.A. 9902, AS AMENDED, FOR A FAMILY SIZE EQUAL TO THE SIZE OF 21,488
THE ASSISTANCE GROUP WHOSE ELIGIBILITY IS BEING DETERMINED. 21,489
(4) "MINOR CHILD" MEANS EITHER OF THE FOLLOWING: 21,491
(a) AN INDIVIDUAL WHO HAS NOT ATTAINED AGE EIGHTEEN; 21,493
(b) AN INDIVIDUAL WHO HAS NOT ATTAINED AGE NINETEEN AND IS 21,496
A FULL-TIME STUDENT IN A SECONDARY SCHOOL OR IN THE EQUIVALENT 21,497
LEVEL OF VOCATIONAL OR TECHNICAL TRAINING.
(5) "MINOR HEAD OF HOUSEHOLD" MEANS A MINOR CHILD WHO IS A 21,499
PARENT OF A CHILD INCLUDED IN THE SAME ASSISTANCE GROUP THAT DOES 21,500
NOT INCLUDE AN ADULT.
(6) "OHIO WORKS FIRST" MEANS THE PROGRAM ESTABLISHED BY 21,502
THIS CHAPTER KNOWN AS TEMPORARY ASSISTANCE FOR NEEDY FAMILIES IN 21,503
TITLE IV-A AND WHICH INCLUDES THE WORK COMPONENT AND THE 21,506
PREVENTION, RETENTION, AND CONTINGENCY COMPONENT.
(7) "PAYMENT STANDARD" MEANS THE AMOUNT SPECIFIED IN RULES 21,508
519
ADOPTED UNDER SECTION 5107.13 OF THE REVISED CODE THAT IS THE 21,509
MAXIMUM AMOUNT OF CASH ASSISTANCE AN ASSISTANCE GROUP MAY RECEIVE 21,510
UNDER THE WORK COMPONENT FROM STATE AND FEDERAL FUNDS. 21,511
(8) "PREVENTION, RETENTION, AND CONTINGENCY COMPONENT" 21,513
MEANS THE COMPONENT OF THE OHIO WORKS FIRST PROGRAM ESTABLISHED 21,514
UNDER SECTION 5107.04 OF THE REVISED CODE. 21,515
(9) "SPECIFIED RELATIVE" MEANS THE FOLLOWING INDIVIDUALS 21,517
WHO ARE AGE EIGHTEEN OR OLDER: 21,518
(a) THE FOLLOWING INDIVIDUALS RELATED BY BLOOD OR 21,520
ADOPTION: 21,521
(i) GRANDPARENTS, INCLUDING GRANDPARENTS WITH THE PREFIX 21,524
"GREAT," "GREAT-GREAT," OR "GREAT-GREAT-GREAT;"
(ii) SIBLINGS; 21,526
(iii) AUNTS, UNCLES, NEPHEWS, AND NIECES, INCLUDING SUCH 21,529
RELATIVES WITH THE PREFIX "GREAT," "GREAT-GREAT," "GRAND," OR 21,530
"GREAT-GRAND;"
(iv) FIRST COUSINS AND FIRST COUSINS ONCE REMOVED. 21,533
(b) STEPPARENTS AND STEPSIBLINGS; 21,535
(c) SPOUSES AND FORMER SPOUSES OF INDIVIDUALS NAMED IN 21,538
DIVISION (A)(9)(a) OR (b) OF THIS SECTION. 21,540
(10) "TITLE IV-A" OR "TITLE IV-D" MEAN TITLE IV-A OR TITLE 21,544
IV-D OF THE "SOCIAL SECURITY ACT," 49 STAT. 620 (1935), 42 U.S.C. 21,546
301, AS AMENDED.
(11) "WORK COMPONENT" MEANS THE COMPONENT OF THE OHIO 21,548
WORKS FIRST PROGRAM ESTABLISHED UNDER SECTION 5107.03 OF THE 21,549
REVISED CODE.
(B) THERE IS HEREBY ESTABLISHED THE OHIO WORKS FIRST 21,551
PROGRAM CONSISTING OF THE WORK COMPONENT AND THE PREVENTION, 21,552
RETENTION, AND CONTINGENCY COMPONENT. The department of human 21,554
services shall administer aid to dependent children under this 21,555
chapter THE PROGRAM in accordance with Title IV-A of the "Social 21,557
Security Act," 49 Stat. 620 (1935), 42 U.S.C. 301, as amended, 21,558
FEDERAL REGULATIONS, STATE LAW, AND THE STATE PLAN PREPARED UNDER 21,559
SECTION 5107.10 OF THE REVISED CODE as long as federal funds are 21,560
520
provided for such aid THE PROGRAM. 21,561
(C) All THE DEPARTMENT OF HUMAN SERVICES SHALL MAKE ALL 21,563
CASH ASSISTANCE payments for aid to dependent children, except 21,564
expenditures for county administration, shall be made by the 21,565
director of human services OHIO WORKS FIRST from funds 21,566
appropriated for that purpose, unless the director determines 21,567
that payments for aid and health care should be made by the 21,569
county. If the director so determines, the director shall adopt 21,570
a rule to that effect and payments made after the rule's 21,572
effective date shall be made by the county treasurer on warrant 21,573
of the county auditor. The department shall thereafter advance 21,575
from state and federal funds sufficient funds to provide the 21,576
county treasurer with the amount estimated to represent the state 21,577
and federal shares of such payments. State and federal moneys 21,578
received by the county shall be deposited in the public 21,579
assistance fund established under section 5101.161 of the Revised 21,580
Code, and all payments shall be made from that fund. Expenditures 21,581
for county administration shall be paid by the county treasurer 21,582
on warrant of the county auditor.
(D) The director may apply to the United States secretary 21,585
of health and human services for a waiver of federal requirements
to implement this division. Subject to the terms and conditions 21,587
of the waiver, the director may authorize one or more counties to 21,588
implement a program under which, in lieu of the sanctions 21,589
prescribed in sections 5101.88 and 5101.881 of the Revised Code, 21,590
payments for cash assistance under this chapter to an assistance 21,591
group that includes a member participating in the JOBS program 21,592
established under sections 5101.80 to 5101.94 of the Revised Code 21,595
shall be made after the member has participated in the program a 21,596
period of time specified in rules the department shall adopt in 21,597
accordance with Chapter 119. of the Revised Code THE OHIO WORKS 21,598
FIRST PROGRAM.
A COUNTY DEPARTMENT OF HUMAN SERVICES MAY USE COUNTY FUNDS 21,600
TO INCREASE THE AMOUNT OF CASH ASSISTANCE AN ASSISTANCE GROUP 21,601
521
RECEIVES.
Sec. 5107.03. (A) AS USED IN THIS SECTION: 21,603
(1) "COUNTABLE INCOME," "GROSS EARNED INCOME," AND "GROSS 21,605
UNEARNED INCOME" HAVE THE MEANINGS ESTABLISHED IN RULES ADOPTED 21,606
UNDER SECTION 5107.13 OF THE REVISED CODE. 21,609
(2) "GROSS INCOME" MEANS GROSS EARNED INCOME AND GROSS 21,611
UNEARNED INCOME. 21,612
(3) "STRIKE" MEANS CONTINUOUS CONCERTED ACTION IN FAILING 21,614
TO REPORT TO DUTY; WILLFUL ABSENCE FROM ONE'S POSITION; OR 21,615
STOPPAGE OF WORK IN WHOLE FROM THE FULL, FAITHFUL, AND PROPER 21,616
PERFORMANCE OF THE DUTIES OF EMPLOYMENT, FOR THE PURPOSE OF 21,617
INDUCING, INFLUENCING, OR COERCING A CHANGE IN WAGES, HOURS, 21,618
TERMS, AND OTHER CONDITIONS OF EMPLOYMENT. "STRIKE" DOES NOT 21,619
INCLUDE A STOPPAGE OF WORK BY EMPLOYEES IN GOOD FAITH BECAUSE OF 21,620
DANGEROUS OR UNHEALTHFUL WORKING CONDITIONS AT THE PLACE OF 21,621
EMPLOYMENT THAT ARE ABNORMAL TO THE PLACE OF EMPLOYMENT. 21,622
(B) THE DEPARTMENT OF HUMAN SERVICES SHALL ESTABLISH A 21,625
WORK COMPONENT AS PART OF THE OHIO WORKS FIRST PROGRAM. UNDER 21,626
THE WORK COMPONENT, AN ASSISTANCE GROUP SHALL RECEIVE, EXCEPT AS 21,627
OTHERWISE PROVIDED BY THIS CHAPTER, TIME-LIMITED CASH ASSISTANCE. 21,630
IN THE CASE OF AN ASSISTANCE GROUP THAT INCLUDES A MINOR HEAD OF 21,631
HOUSEHOLD OR ADULT, ASSISTANCE SHALL BE PROVIDED IN ACCORDANCE
WITH THE SELF-SUFFICIENCY CONTRACT ENTERED INTO UNDER SECTION 21,632
5107.20 OF THE REVISED CODE.
(C) TO BE ELIGIBLE TO PARTICIPATE IN THE WORK COMPONENT, 21,635
AN ASSISTANCE GROUP MUST MEET ALL OF THE FOLLOWING REQUIREMENTS: 21,636
(1) THE ASSISTANCE GROUP, EXCEPT AS PROVIDED IN DIVISION 21,639
(E) OF THIS SECTION, MUST INCLUDE AT LEAST ONE OF THE FOLLOWING: 21,640
(a) A MINOR CHILD WHO, EXCEPT AS PROVIDED IN SECTION 21,642
5107.29 OF THE REVISED CODE, RESIDES WITH A CUSTODIAL PARENT, 21,644
LEGAL GUARDIAN, OR SPECIFIED RELATIVE CARING FOR THE CHILD;
(b) A WOMAN AT LEAST SIX MONTHS PREGNANT. 21,646
(2) THE ASSISTANCE GROUP MUST MEET THE INCOME REQUIREMENTS 21,649
ESTABLISHED BY DIVISION (D) OF THIS SECTION. 21,650
522
(3) NO MEMBER OF THE ASSISTANCE GROUP MAY BE INVOLVED IN A 21,652
STRIKE.
(4) THE ASSISTANCE GROUP MUST SATISFY THE REQUIREMENTS FOR 21,655
THE WORK COMPONENT ESTABLISHED BY THIS CHAPTER AND SECTIONS
5101.19, 5101.58, AND 5101.59 OF THE REVISED CODE. 21,658
(5) THE ASSISTANCE GROUP MUST MEET REQUIREMENTS FOR THE 21,660
WORK COMPONENT ESTABLISHED BY RULES ADOPTED UNDER SECTION 5107.13 21,662
OF THE REVISED CODE. 21,663
(D)(1) EXCEPT AS PROVIDED IN DIVISION (D)(3) OF THIS 21,665
SECTION, TO DETERMINE WHETHER AN ASSISTANCE GROUP IS INITIALLY 21,666
ELIGIBLE TO PARTICIPATE IN THE WORK COMPONENT, A COUNTY 21,667
DEPARTMENT OF HUMAN SERVICES SHALL DO THE FOLLOWING: 21,668
(a) DETERMINE WHETHER THE ASSISTANCE GROUP'S GROSS INCOME 21,671
EXCEEDS SIXTY-THREE PER CENT OF THE FEDERAL POVERTY GUIDELINES OR 21,672
OTHER PERCENTAGE DETERMINED BY THE STATE DEPARTMENT OF HUMAN
SERVICES BASED ON CHANGES TO THE PAYMENT STANDARD. IN MAKING 21,673
THIS DETERMINATION, THE COUNTY DEPARTMENT SHALL DISREGARD AMOUNTS 21,675
THAT FEDERAL STATUTES OR REGULATIONS AND SECTIONS 5101.17 AND 21,676
5117.10 OF THE REVISED CODE REQUIRE BE DISREGARDED. THE 21,679
ASSISTANCE GROUP IS INELIGIBLE TO PARTICIPATE IN THE WORK
COMPONENT IF THE ASSISTANCE GROUP'S GROSS INCOME, LESS THE 21,680
AMOUNTS DISREGARDED, EXCEEDS SIXTY-THREE PERCENT, OR OTHER 21,681
PERCENTAGE DETERMINED BY THE STATE DEPARTMENT, OF THE FEDERAL 21,682
POVERTY GUIDELINES. 21,683
(b) IF THE ASSISTANCE GROUP'S GROSS INCOME, LESS THE 21,686
AMOUNTS DISREGARDED PURSUANT TO DIVISION (D)(1)(a) OF THIS 21,688
SECTION, DOES NOT EXCEED THE PERCENTAGE OF THE FEDERAL POVERTY 21,689
GUIDELINES SPECIFIED IN OR PURSUANT TO THAT DIVISION, DETERMINE 21,690
WHETHER THE ASSISTANCE GROUP'S COUNTABLE INCOME IS LESS THAN THE 21,691
PAYMENT STANDARD. THE ASSISTANCE GROUP IS INELIGIBLE TO 21,692
PARTICIPATE IN THE WORK COMPONENT IF THE ASSISTANCE GROUP'S 21,693
COUNTABLE INCOME EQUALS OR EXCEEDS THE PAYMENT STANDARD. 21,695
(2) TO DETERMINE WHETHER AN ASSISTANCE GROUP PARTICIPATING 21,698
IN THE WORK COMPONENT CONTINUES TO BE ELIGIBLE TO PARTICIPATE, A 21,699
523
COUNTY DEPARTMENT OF HUMAN SERVICES SHALL DETERMINE WHETHER THE 21,700
ASSISTANCE GROUP'S COUNTABLE INCOME CONTINUES TO BE LESS THAN THE 21,701
PAYMENT STANDARD. IN MAKING THIS DETERMINATION, THE COUNTY 21,702
DEPARTMENT SHALL DISREGARD THE FIRST TWO HUNDRED FIFTY DOLLARS 21,703
AND FIFTY PER CENT OF THE REMAINDER OF THE ASSISTANCE GROUP'S 21,704
GROSS EARNED INCOME FOR THE FIRST EIGHTEEN MONTHS AFTER THE FIRST 21,705
MONTH THE ASSISTANCE GROUP RECEIVES GROSS EARNED INCOME WHILE 21,706
PARTICIPATING IN THE WORK COMPONENT. NO AMOUNTS SHALL BE 21,707
DISREGARDED FROM THE ASSISTANCE GROUP'S GROSS UNEARNED INCOME. 21,708
THE ASSISTANCE GROUP CEASES TO BE ELIGIBLE TO PARTICIPATE IN THE 21,709
WORK COMPONENT IF ITS COUNTABLE INCOME, LESS THE AMOUNTS 21,710
DISREGARDED, EQUALS OR EXCEEDS THE PAYMENT STANDARD. 21,711
(3) IF AN ASSISTANCE GROUP REAPPLIES TO PARTICIPATE IN THE 21,714
WORK COMPONENT NOT MORE THAN FOUR MONTHS AFTER CEASING TO
PARTICIPATE IN THE COMPONENT, A COUNTY DEPARTMENT OF HUMAN 21,715
SERVICES SHALL USE THE INCOME REQUIREMENT ESTABLISHED BY DIVISION 21,717
(D)(2) OF THIS SECTION TO DETERMINE ELIGIBILITY FOR RESUMED 21,718
PARTICIPATION RATHER THAN THE INCOME REQUIREMENT ESTABLISHED BY 21,719
DIVISION (D)(1) OF THIS SECTION. 21,720
(E)(1) AN ASSISTANCE GROUP MAY CONTINUE TO PARTICIPATE IN 21,723
THE WORK COMPONENT EVEN THOUGH A PUBLIC CHILDREN SERVICES AGENCY 21,724
REMOVES THE ASSISTANCE GROUP'S MINOR CHILDREN FROM THE ASSISTANCE 21,725
GROUP'S HOME DUE TO ABUSE, NEGLECT, OR DEPENDENCY IF THE AGENCY 21,726
DOES BOTH OF THE FOLLOWING:
(a) NOTIFIES THE COUNTY DEPARTMENT OF HUMAN SERVICES AT 21,729
THE TIME THE AGENCY REMOVES THE CHILDREN THAT IT BELIEVES THE 21,730
CHILDREN WILL BE ABLE TO RETURN TO THE ASSISTANCE GROUP WITHIN 21,731
THREE MONTHS;
(b) INFORMS THE COUNTY DEPARTMENT AT THE END OF BOTH OF 21,734
THE FIRST TWO MONTHS AFTER THE AGENCY REMOVES THE CHILDREN THAT 21,735
THE PARENT, LEGAL GUARDIAN, OR SPECIFIED RELATIVE OF THE CHILDREN
IS COOPERATING WITH THE CASE PLANS PREPARED FOR THE CHILDREN 21,737
UNDER SECTION 2151.412 OF THE REVISED CODE AND THAT THE AGENCY IS 21,739
MAKING REASONABLE EFFORTS TO RETURN THE CHILDREN TO THE 21,740
524
ASSISTANCE GROUP.
(2) AN ASSISTANCE GROUP MAY CONTINUE TO PARTICIPATE IN THE 21,744
WORK COMPONENT PURSUANT TO DIVISION (E)(1) OF THIS SECTION FOR 21,745
NOT MORE THAN THREE PAYMENT MONTHS. THIS DIVISION DOES NOT 21,746
AFFECT THE ELIGIBILITY OF AN ASSISTANCE GROUP THAT INCLUDES A 21,747
WOMAN AT LEAST SIX MONTHS PREGNANT. 21,748
Sec. 5107.04. (A) SUBJECT TO THE AVAILABILITY OF FUNDS, 21,750
THE DEPARTMENT OF HUMAN SERVICES SHALL ESTABLISH A PREVENTION, 21,752
RETENTION, AND CONTINGENCY COMPONENT AS PART OF THE OHIO WORKS 21,753
FIRST PROGRAM FOR ASSISTANCE GROUPS THAT INCLUDE AT LEAST ONE
MINOR CHILD AND NEED ASSISTANCE IN OVERCOMING IMMEDIATE BARRIERS 21,755
TO ACHIEVING OR MAINTAINING SELF SUFFICIENCY AND PERSONAL 21,756
RESPONSIBILITY. THE DEPARTMENT SHALL ADOPT RULES UNDER SECTION
5107.13 OF THE REVISED CODE ESTABLISHING OBJECTIVE CRITERIA TO 21,758
ENSURE FAIR AND EQUITABLE DETERMINATIONS OF ELIGIBILITY FOR THE 21,759
COMPONENT AND DELIVERY OF ASSISTANCE AND SERVICES UNDER THE 21,760
COMPONENT. THE RULES SHALL SPECIFY WHICH OF THE REQUIREMENTS OF 21,761
THE WORK COMPONENT APPLY TO THE PREVENTION, RETENTION, AND 21,762
CONTINGENCY COMPONENT. TO THE EXTENT PERMITTED BY FEDERAL
STATUTES AND REGULATIONS, ASSISTANCE AND SERVICES PROVIDED UNDER 21,764
THE PREVENTION, RETENTION, AND CONTINGENCY COMPONENT ARE EXEMPT 21,765
FROM THE TIME LIMIT REQUIREMENT FOR THE WORK COMPONENT 21,766
ESTABLISHED BY SECTION 5107.23 OF THE REVISED CODE. 21,768
THE DEPARTMENT OF HUMAN SERVICES SHALL DEVELOP A WRITTEN 21,770
MODEL DESIGN FOR THE PREVENTION, RETENTION, AND CONTINGENCY 21,771
COMPONENT THAT COUNTY DEPARTMENTS OF HUMAN SERVICES MAY ADOPT 21,772
UNDER DIVISION (B) OF THIS SECTION. THE DEPARTMENT SHALL NOT 21,774
ADOPT RULES TO DEVELOP THE MODEL DESIGN. THE DEPARTMENT SHALL 21,775
PROVIDE EACH COUNTY DEPARTMENT A COPY OF THE WRITTEN MODEL 21,776
DESIGN.
(B) EACH COUNTY DEPARTMENT OF HUMAN SERVICES SHALL EITHER 21,779
ADOPT THE MODEL DESIGN FOR THE PREVENTION, RETENTION, AND 21,780
CONTINGENCY COMPONENT THE STATE DEPARTMENT OF HUMAN SERVICES 21,781
DEVELOPS UNDER DIVISION (A) OF THIS SECTION OR DEVELOP ITS OWN 21,783
525
POLICIES FOR THE COMPONENT. TO DEVELOP ITS OWN POLICIES, A 21,784
COUNTY DEPARTMENT SHALL ADOPT A WRITTEN STATEMENT OF THE POLICIES 21,785
GOVERNING THE COMPONENT. THE POLICIES MAY BE A MODIFICATION OF 21,786
THE MODEL DESIGN, DIFFERENT FROM THE MODEL DESIGN, OR A 21,787
COMBINATION. THE POLICIES SHALL ESTABLISH OR SPECIFY ELIGIBILITY 21,788
REQUIREMENTS, ASSISTANCE OR SERVICES TO BE PROVIDED UNDER THE 21,789
COMPONENT, ADMINISTRATIVE REQUIREMENTS, AND OTHER MATTERS THE 21,790
COUNTY DEPARTMENT DETERMINES NECESSARY. A COUNTY DEPARTMENT MAY 21,791
AMEND ITS STATEMENT OF POLICIES TO MODIFY, TERMINATE, AND 21,792
ESTABLISH NEW POLICIES. NO POLICY MAY CONFLICT WITH RULES 21,793
ADOPTED UNDER SECTION 5107.13 OF THE REVISED CODE. 21,795
A COUNTY DEPARTMENT SHALL INFORM THE STATE DEPARTMENT OF 21,797
WHETHER IT HAS ADOPTED THE MODEL DESIGN OR DEVELOPED ITS OWN 21,798
POLICIES FOR THE PREVENTION, RETENTION, AND CONTINGENCY 21,799
COMPONENT. IF A COUNTY DEPARTMENT DEVELOPS ITS OWN POLICIES, IT 21,800
SHALL PROVIDE THE STATE DEPARTMENT A COPY OF THE WRITTEN 21,801
STATEMENT OF POLICIES AND ANY AMENDMENTS IT ADOPTS TO THE 21,802
STATEMENT. 21,803
(C) WHEN A STATE HEARING UNDER DIVISION (B) OF SECTION 21,806
5101.35 OF THE REVISED CODE OR AN ADMINISTRATIVE APPEAL UNDER 21,809
DIVISION (C) OF THAT SECTION IS HELD REGARDING THE PREVENTION, 21,810
RETENTION, AND CONTINGENCY COMPONENT, THE HEARING OFFICER, 21,811
DIRECTOR OF HUMAN SERVICES, OR DIRECTOR'S DESIGNEE SHALL BASE THE 21,812
DECISION IN THE HEARING OR APPEAL ON THE FOLLOWING: 21,813
(1) IF THE COUNTY DEPARTMENT OF HUMAN SERVICES INVOLVED IN 21,816
THE HEARING OR APPEAL ADOPTED THE STATE DEPARTMENT OF HUMAN
SERVICES' MODEL DESIGN FOR THE COMPONENT DEVELOPED UNDER DIVISION 21,818
(A) OF THIS SECTION, THE MODEL DESIGN; 21,819
(2) IF THE COUNTY DEPARTMENT DEVELOPED ITS OWN POLICIES 21,821
FOR THE COMPONENT, THE COUNTY DEPARTMENT'S WRITTEN STATEMENT OF 21,822
POLICIES ADOPTED UNDER DIVISION (B) OF THIS SECTION AND ANY 21,824
AMENDMENTS THE COUNTY DEPARTMENT ADOPTED TO THE STATEMENT. 21,825
Sec. 5107.06. THERE IS HEREBY CREATED IN THE STATE 21,827
TREASURY THE OHIO WORKS FIRST RESERVE FUND. IF AUTHORIZED BY THE 21,829
526
AGREEMENT BETWEEN THE DIRECTOR OF BUDGET AND MANAGEMENT AND THE 21,831
UNITED STATES SECRETARY OF THE TREASURY ENTERED INTO PURSUANT TO 21,832
SECTION 131.36 OF THE REVISED CODE, THE DIRECTOR OF BUDGET AND 21,834
MANAGEMENT MAY TRANSFER TO THE OHIO WORKS FIRST RESERVE FUND 21,835
MONEY APPROPRIATED FOR THE OHIO WORKS FIRST PROGRAM THAT IS 21,837
AVAILABLE AT THE END OF A FEDERAL FISCAL YEAR AFTER THE 21,838
APPROPRIATION IS RECONCILED. THE DIRECTOR OF BUDGET AND 21,839
MANAGEMENT SHALL TRANSFER MONEY IN THE OHIO WORKS FIRST RESERVE 21,840
FUND TO THE GENERAL REVENUE FUND FOR THE PURPOSE OF FUNDING THE 21,842
OHIO WORKS FIRST PROGRAM AND, IN ACCORDANCE WITH SECTION 5101.23 21,843
OF THE REVISED CODE, TO THE SOCIAL SERVICES INCENTIVE FUND 21,846
CREATED UNDER THAT SECTION. THE DIRECTOR ALSO SHALL TRANSFER 21,847
MONEY IN THE OHIO WORKS FIRST RESERVE FUND TO THE CASH MANAGEMENT 21,849
IMPROVEMENT FUND CREATED UNDER SECTION 131.37 OF THE REVISED CODE 21,851
TO THE EXTENT TRANSFERS ARE REQUIRED BY THE AGREEMENT ENTERED 21,852
INTO PURSUANT TO SECTION 131.36 OF THE REVISED CODE. 21,854
Sec. 5107.02 5107.10. (A) The department of human 21,863
services shall: 21,864
(1) Prepare and submit to the United States secretary of 21,866
health and human services a STATE plan for aid to dependent 21,867
children THE OHIO WORKS FIRST PROGRAM AND AMENDMENTS TO THE PLAN 21,869
THAT THE DEPARTMENT DETERMINES NECESSARY;
(2) Prescribe forms for applications, certificates, 21,871
reports, records and accounts of the county administration 21,872
DEPARTMENTS OF HUMAN SERVICES, and other matters; 21,874
(3) Make such reports, in such form and containing such 21,876
information as the administration DEPARTMENT may find necessary 21,877
to assure the correctness and verification of such reports; 21,879
(4) Require such reports and information from each county 21,881
administration DEPARTMENT OF HUMAN SERVICES as may be necessary 21,882
or advisable; 21,883
(5) Provide, by rules or otherwise, for putting into 21,885
effect such methods of administration and procedure as are found 21,886
by the administration or the department to be necessary to the 21,887
527
efficient operation of the plan in the respective counties; 21,888
(6) Afford a fair hearing IN ACCORDANCE WITH SECTION 21,890
5101.35 OF THE REVISED CODE to any individual entitled thereto 21,892
under section 5107.05 of the Revised Code, in which case the 21,893
finding and order of the department shall be final APPLICANT FOR,
OR PARTICIPANT OR FORMER PARTICIPANT OF, OHIO WORKS FIRST 21,894
AGGRIEVED BY A DECISION REGARDING THE PROGRAM; 21,896
(7)(6) Administer and expend, pursuant to this chapter, 21,898
any sums appropriated by the general assembly for the purpose of 21,899
this chapter and all sums paid to the state by the secretary of 21,901
the treasury of the United States as authorized by Title IV-A of 21,903
the "Social Security Act," 49 Stat. 620 (1935), 42 U.S.C. 301, as 21,905
amended;
(8)(7) Conduct such investigations as are necessary; 21,907
(9)(8) Enter into reciprocal agreements with other states 21,909
relative to the provision of aid to dependent children OHIO WORKS 21,911
FIRST to residents and nonresidents;
(9) CONTRACT WITH A PRIVATE ENTITY TO CONDUCT AN 21,914
INDEPENDENT ON-GOING EVALUATION OF THE OHIO WORKS FIRST PROGRAM. 21,915
THE CONTRACT MUST REQUIRE THE PRIVATE ENTITY TO DO ALL OF THE 21,917
FOLLOWING:
(a) EXAMINE ISSUES OF PROCESS, PRACTICE, IMPACT, AND 21,919
OUTCOMES;
(b) STUDY FORMER PARTICIPANTS OF THE WORK COMPONENT WHO 21,921
HAVE NOT PARTICIPATED IN THE COMPONENT FOR AT LEAST ONE YEAR TO 21,922
DETERMINE WHETHER THEY ARE EMPLOYED, THE TYPE OF EMPLOYMENT IN 21,923
WHICH THEY ARE ENGAGED, THE AMOUNT OF COMPENSATION THEY ARE 21,924
RECEIVING, WHETHER THEIR EMPLOYER PROVIDES HEALTH INSURANCE, 21,925
WHETHER AND HOW OFTEN THEY HAVE RECEIVED ASSISTANCE OR SERVICES
UNDER THE PREVENTION, RETENTION, AND CONTINGENCY COMPONENT, AND 21,926
WHETHER THEY ARE SUCCESSFULLY SELF SUFFICIENT; 21,927
(c) PROVIDE THE DEPARTMENT AN INITIAL REPORT OF THE 21,929
EVALUATION NOT LATER THAN TWO YEARS AFTER THE EFFECTIVE DATE OF 21,930
THIS AMENDMENT AND PROVIDE SUBSEQUENT REPORTS AT TIMES THE 21,931
528
DEPARTMENT SPECIFIES. 21,932
(10) Adopt rules establishing eligibility requirements for 21,934
aid and the method of determining the amount of aid an assistance 21,935
group may receive under this chapter. The rules shall specify 21,936
what is considered countable income for the purpose of 21,937
determining financial eligibility and the amount of assistance an 21,938
assistance group may receive under this chapter. The rules shall 21,939
be consistent with Title IV-A of the "Social Security Act," 21,942
regulations promulgated by and the plan for aid to dependent 21,943
children approved by the United States secretary of health and 21,944
human services under Title IV-A of that act, this chapter, and 21,945
any other section of the Revised Code establishing conditions and 21,946
requirements of aid under this chapter. 21,947
(B)(1) The department shall determine a minimum standard 21,950
as of January 1, 1979, and shall update the minimum standard
annually. "Minimum standard" means the minimum amounts of income 21,951
and resources necessary for persons to maintain health and 21,952
decency. 21,953
(2) The department shall establish, by rule, a payment 21,955
standard based on state appropriations that is the maximum amount 21,956
of aid an assistance group may receive under this chapter. 21,957
(C) For the purpose of investigations, any authorized 21,959
representative of the department shall have access to all records 21,960
and information bearing thereon. 21,961
The department may adopt reasonable rules governing the 21,963
custody, use, and preservation of the records, papers, files, and 21,964
communications of the department, the county administration for 21,965
aid to dependent children, and all other state and county 21,966
officials participating in the administration of this chapter. 21,967
Wherever names and addresses of recipients of aid to dependent 21,968
children or applicants for such aid or any other disclosure of 21,969
information concerning such recipients or applicants are 21,970
furnished to or held by any other agency, department, or officer 21,971
of government, such agency, department, or officer of government 21,972
529
shall adopt rules necessary to prevent the publication of lists 21,973
thereof or the disclosure of information concerning applicants 21,974
and recipients or the use of such lists or information for 21,975
purposes not directly connected with the administration of aid to 21,976
dependent children. 21,977
No person shall, except for purposes directly connected 21,979
with the administration of public assistance, and in accordance 21,980
with the rules of the department solicit, disclose, receive, make 21,981
use of, or authorize, knowingly permit, participate in, or 21,982
acquiesce in the use of, any list of or names of, persons 21,983
applying for or receiving such assistance, directly or indirectly 21,984
derived from the records, papers, files, or communications of the 21,985
department or county administrations or agencies thereof, or 21,986
acquired in the course of the performance of official duties. 21,987
(D) Each county administration shall comply with the 21,989
rules, determinations, and orders of the department NOT LATER 21,991
THAN MARCH 1, 1998 AND THE FIRST DAY OF EACH SEPTEMBER AND MARCH 21,994
THEREAFTER UNTIL SEPTEMBER 1, 2001, PREPARE A COUNTY BY COUNTY 21,996
REPORT CONCERNING INDIVIDUALS WHO CEASE TO PARTICIPATE IN THE 21,997
WORK COMPONENT THAT CONTAINS THE REASONS THE INDIVIDUALS CEASED 21,998
TO PARTICIPATE, INCLUDING EMPLOYMENT, MARITAL STATUS, AND 21,999
RELOCATION.
(11) NOT LATER THAN JANUARY 1, 2001 AND THE FIRST DAY OF 22,003
EACH JANUARY AND JULY THEREAFTER, PREPARE A REPORT CONTAINING 22,005
INFORMATION ON THE FOLLOWING:
(a) A COUNTY BY COUNTY BREAKDOWN OF INDIVIDUALS WHO CEASE 22,008
TO PARTICIPATE IN THE WORK COMPONENT AND THE REASONS THE 22,009
INDIVIDUALS CEASED TO PARTICIPATE, INCLUDING EXHAUSTING THE TIME 22,010
LIMITS FOR PARTICIPATION SET FORTH IN SECTION 5107.23 OF THE 22,011
REVISED CODE. 22,012
(b) INDIVIDUALS WHO HAVE BEEN EXEMPTED FROM THE TIME 22,015
LIMITS SET FORTH IN SECTION 5107.23 OF THE REVISED CODE AND THE 22,017
REASONS FOR THE EXEMPTION. 22,018
(B) THE DEPARTMENT SHALL PROVIDE COPIES OF THE REPORTS IT 22,020
530
RECEIVES UNDER DIVISION (A)(9) OF THIS SECTION AND PREPARES UNDER 22,022
DIVISIONS (A)(10) AND (11) OF THIS SECTION TO THE GOVERNOR, THE 22,024
PRESIDENT AND MINORITY LEADER OF THE SENATE, AND THE SPEAKER AND 22,025
MINORITY LEADER OF THE HOUSE OF REPRESENTATIVES. THE DEPARTMENT 22,026
SHALL PROVIDE COPIES OF THE REPORTS TO ANY PRIVATE OR GOVERNMENT 22,027
ENTITY ON REQUEST.
(C) AN AUTHORIZED REPRESENTATIVE OF THE DEPARTMENT OR A 22,029
COUNTY DEPARTMENT OF HUMAN SERVICES SHALL HAVE ACCESS TO ALL 22,030
RECORDS AND INFORMATION BEARING THEREON FOR THE PURPOSES OF 22,031
INVESTIGATIONS CONDUCTED PURSUANT TO THIS SECTION. 22,032
Sec. 5107.11. (A) PRIOR TO SUBMITTING THE OHIO WORKS 22,034
FIRST PLAN REQUIRED BY SECTION 5107.10 OF THE REVISED CODE, AND 22,037
ANY AMENDMENTS TO THE PLAN, TO THE UNITED STATES SECRETARY OF 22,038
HEALTH AND HUMAN SERVICES, THE DEPARTMENT OF HUMAN SERVICES SHALL 22,039
SUBMIT THE PLAN OR AMENDMENT TO ALL OF THE FOLLOWING MEMBERS OF 22,040
THE GENERAL ASSEMBLY: 22,041
(1) THE PRESIDENT AND MINORITY LEADER OF THE SENATE; 22,043
(2) THE SPEAKER AND MINORITY LEADER OF THE HOUSE OF 22,045
REPRESENTATIVES;
(3) THE CHAIRPERSONS AND RANKING MINORITY MEMBERS OF THE 22,047
HOUSE AND SENATE COMMITTEES WITH PRIMARY RESPONSIBILITY FOR 22,048
APPROPRIATIONS.
(B) IF THE GENERAL ASSEMBLY ENACTS A CONCURRENT RESOLUTION 22,051
DISAPPROVING THE PLAN OR AN AMENDMENT NOT LATER THAN THIRTY DAYS 22,052
AFTER THE DATE THE PLAN OR AMENDMENT IS SUBMITTED UNDER THIS 22,053
SECTION, THE DEPARTMENT MAY NOT SUBMIT THE PLAN OR AMENDMENT TO 22,054
THE UNITED STATES SECRETARY OF HEALTH AND HUMAN SERVICES. 22,055
INSTEAD, IT MUST SUBMIT A NEW PLAN OR AMENDMENT TO THE MEMBERS OF 22,056
THE GENERAL ASSEMBLY LISTED IN DIVISION (A) OF THIS SECTION WITH 22,057
THE CHANGES THAT ARE STATED IN THE CONCURRENT RESOLUTION AND 22,058
CONTINUE TO SUBMIT NEW PLANS OR AMENDMENTS TO THOSE MEMBERS UNTIL 22,059
A PERIOD OF THIRTY-ONE DAYS FOLLOWING SUBMISSION OF THE PLAN OR 22,060
AMENDMENT HAS PASSED IN WHICH THE GENERAL ASSEMBLY HAS NOT 22,061
ENACTED A CONCURRENT RESOLUTION DISAPPROVING THE PLAN OR 22,062
531
AMENDMENT.
Sec. 5107.13. THE DEPARTMENT OF HUMAN SERVICES SHALL ADOPT 22,065
RULES TO IMPLEMENT THIS CHAPTER. THE RULES SHALL BE CONSISTENT 22,066
WITH TITLE IV-A, TITLE IV-D, FEDERAL REGULATIONS, STATE LAW, THE 22,068
STATE PLAN FOR OHIO WORKS FIRST SUBMITTED TO THE UNITED STATES 22,071
SECRETARY OF HEALTH AND HUMAN SERVICES UNDER SECTION 5107.10 OF 22,072
THE REVISED CODE AND AMENDMENTS TO THE PLAN, AND WAIVERS GRANTED 22,075
BY THE UNITED STATES SECRETARY. RULES GOVERNING ELIGIBILITY, 22,078
PROGRAM PARTICIPATION, AND OTHER APPLICANT AND PARTICIPANT 22,079
REQUIREMENTS SHALL BE ADOPTED IN ACCORDANCE WITH CHAPTER 119. OF 22,080
THE REVISED CODE. RULES GOVERNING FINANCIAL AND OTHER 22,083
ADMINISTRATIVE REQUIREMENTS APPLICABLE TO THE DEPARTMENT AND 22,084
COUNTY DEPARTMENTS OF HUMAN SERVICES SHALL BE ADOPTED IN 22,085
ACCORDANCE WITH SECTION 111.15 OF THE REVISED CODE. 22,087
(A) THE RULES SHALL DO, SPECIFY, ESTABLISH, OR GOVERN ALL 22,090
OF THE FOLLOWING:
(1) NOT LATER THAN THE FIRST DAY OF EACH JULY, REVISE THE 22,093
FEDERAL POVERTY GUIDELINES PURSUANT TO THE ANNUAL UPDATE BY THE 22,095
UNITED STATED DEPARTMENT OF HEALTH AND HUMAN SERVICES PUBLISHED 22,097
IN THE FEDERAL REGISTER. THE UNITED STATES DEPARTMENT OF HEALTH 22,101
AND HUMAN SERVICES' UPDATE SHALL NOT BE APPLIED UNTIL THE 22,102
EFFECTIVE DATE OF THE OHIO DEPARTMENT OF HUMAN SERVICES' RULE 22,104
REVISING THE FEDERAL POVERTY GUIDELINES.
(2) A PAYMENT STANDARD FOR THE WORK COMPONENT BASED ON 22,106
FEDERAL AND STATE APPROPRIATIONS; 22,107
(3) THE METHOD OF DETERMINING THE AMOUNT OF CASH 22,109
ASSISTANCE AN ASSISTANCE GROUP RECEIVES UNDER THE WORK COMPONENT; 22,111
(4) REQUIREMENTS FOR INITIAL AND CONTINUED ELIGIBILITY FOR 22,114
THE WORK COMPONENT, INCLUDING REQUIREMENTS REGARDING INCOME,
CITIZENSHIP, AGE, RESIDENCE, AND ASSISTANCE GROUP COMPOSITION. 22,115
THE RULES REGARDING INCOME SHALL SPECIFY WHAT IS COUNTABLE 22,116
INCOME, GROSS EARNED INCOME, AND GROSS UNEARNED INCOME FOR THE 22,117
PURPOSE OF SECTION 5107.03 OF THE REVISED CODE. THE RULES MAY 22,120
NOT PROVIDE THAT COUNTY FUNDS PROVIDED UNDER SECTION 5107.02 OF 22,121
532
THE REVISED CODE TO INCREASE THE AMOUNT OF CASH ASSISTANCE AN
ASSISTANCE GROUP RECEIVES ARE INCLUDED AS COUNTABLE INCOME, GROSS 22,122
EARNED INCOME, OR GROSS UNEARNED INCOME. 22,123
(5) OBJECTIVE CRITERIA TO ENSURE FAIR AND EQUITABLE 22,125
DETERMINATIONS OF ELIGIBILITY FOR THE PREVENTION, RETENTION, AND 22,126
CONTINGENCY COMPONENT AND DELIVERY OF ASSISTANCE AND SERVICES 22,127
UNDER THE COMPONENT. THE RULES SHALL SPECIFY WHICH REQUIREMENTS 22,128
OF THE WORK COMPONENT APPLY TO THE PREVENTION, RETENTION, AND 22,129
CONTINGENCY COMPONENT. 22,130
(6) FOR THE PURPOSE OF SECTION 5107.15 OF THE REVISED 22,134
CODE, APPLICATION AND VERIFICATION PROCEDURES, INCLUDING THE 22,135
INFORMATION AN APPLICATION MUST CONTAIN; 22,136
(7) THE EXTENT TO WHICH A PARTICIPANT OF THE WORK 22,138
COMPONENT MUST NOTIFY, PURSUANT TO SECTION 5107.15 OF THE REVISED 22,140
CODE, A COUNTY DEPARTMENT OF HUMAN SERVICES OF ADDITIONAL INCOME 22,142
NOT PREVIOUSLY REPORTED TO THE COUNTY DEPARTMENT; 22,143
(8) THE IMPLEMENTATION OF SECTION 5107.17 OF THE REVISED 22,147
CODE;
(9) GOOD CAUSE FOR AN ASSISTANCE GROUP TO REAPPLY TO 22,149
PARTICIPATE IN THE WORK COMPONENT PURSUANT TO DIVISION (B) OF 22,150
SECTION 5107.23 OF THE REVISED CODE;
(10) REQUIREMENTS FOR THE COLLECTION AND DISTRIBUTION OF 22,152
SUPPORT PAYMENTS OWED PARTICIPANTS OF THE WORK COMPONENT PURSUANT 22,154
TO SECTION 5107.25 OF THE REVISED CODE; 22,156
(11) FOR THE PURPOSE OF SECTION 5107.27 OF THE REVISED 22,160
CODE, WHAT CONSTITUTES COOPERATING IN ESTABLISHING A MINOR 22,161
CHILD'S PATERNITY OR ESTABLISHING, MODIFYING, OR ENFORCING A 22,162
CHILD SUPPORT ORDER AND GOOD CAUSE FOR FAILURE OR REFUSAL TO 22,163
COOPERATE. THE RULE SHALL BE CONSISTENT WITH 42 U.S.C.A. 22,165
654(29). 22,166
(12) THE ADMINISTRATION OF THE LEAP PROGRAM PROVIDED FOR 22,169
UNDER SECTION 5107.33 OF THE REVISED CODE; 22,171
(13) THE ADMINISTRATION OF THE LEARNFARE PROGRAM 22,173
ESTABLISHED UNDER SECTION 5107.35 OF THE REVISED CODE, INCLUDING 22,176
533
BOTH OF THE FOLLOWING: 22,177
(a) THE SCHOOL ATTENDANCE REQUIREMENT FOR STUDENTS 22,179
PARTICIPATING IN LEARNFARE; 22,180
(b) ANY PROCEDURES OR REQUIREMENTS THE DEPARTMENT 22,182
CONSIDERS NECESSARY FOR IMPLEMENTATION OF THE PROGRAM. 22,183
(14) FOR THE PURPOSE OF SECTION 5107.42 OF THE REVISED 22,187
CODE, ASSIGNING PARTICIPANTS TO THE WORK ACTIVITIES SPECIFIED IN 22,188
DIVISIONS (D)(7) AND (12) OF SECTION 5107.40 OF THE REVISED CODE; 22,191
(15) THE MAXIMUM AMOUNT OF TIME THE DEPARTMENT WILL 22,193
SUBSIDIZE POSITIONS CREATED BY STATE AGENCIES AND POLITICAL 22,194
SUBDIVISIONS UNDER DIVISION (C) OF SECTION 5107.52 OF THE REVISED 22,197
CODE. 22,198
(B) THE RULES MAY PROVIDE THAT A COUNTY DEPARTMENT OF 22,201
HUMAN SERVICES IS NOT REQUIRED TO TAKE ACTION UNDER SECTION 22,202
5107.76 OF THE REVISED CODE TO RECOVER AN ERRONEOUS PAYMENT THAT 22,205
IS BELOW AN AMOUNT THE DEPARTMENT SPECIFIES.
(C) THE DEPARTMENT SHALL ADOPT RULES UNDER DIVISION 22,208
(A)(13) OF THIS SECTION IN CONSULTATION WITH THE STATE BOARD OF
EDUCATION. 22,209
Sec. 5107.05 5107.15. Application for aid under this 22,219
chapter AN ASSISTANCE GROUP SEEKING TO PARTICIPATE IN THE OHIO 22,220
WORKS FIRST PROGRAM shall be made APPLY to the A county 22,221
administration and the DEPARTMENT OF HUMAN SERVICES USING AN 22,223
application shall contain such CONTAINING information as the 22,224
STATE department of human services may require. Unless the 22,226
director of human services has provided for the making of 22,227
payments of aid under this chapter by electronic benefit transfer 22,229
pursuant to section 5101.33 of the Revised Code, accompanying the 22,230
application in any county with a system of direct deposit for 22,231
payments of such aid shall be the authorization form that 22,232
contains the statement required by section 329.03 of the Revised 22,233
Code REQUIRES PURSUANT TO RULES ADOPTED UNDER SECTION 5107.13 OF 22,235
THE REVISED CODE. THE ASSISTANCE GROUP SHALL USE THE APPLICATION
APPROPRIATE FOR THE COMPONENT OF OHIO WORKS FIRST SOUGHT. If the 22,237
534
CASH assistance UNDER THE WORK COMPONENT is to be paid by the 22,238
auditor of state through the medium of direct deposit AS PROVIDED 22,239
BY SECTION 329.03 OF THE REVISED CODE, the application shall be
accompanied by an authorization form on which the applicant 22,241
states one the following:
(A) The applicant's designation of a financial institution 22,243
that is equipped for electronic fund transfers and authorized by 22,244
law to accept direct deposits by electronic transfer and the 22,245
account to which the applicant wishes the payments to be made by 22,246
direct deposit; 22,247
(B) The applicant's desire to receive such payments in the 22,249
form of a paper warrant INFORMATION THE AUDITOR NEEDS TO MAKE 22,250
DIRECT DEPOSITS. 22,251
When a county administration DEPARTMENT receives an 22,253
application for aid under this chapter FOR PARTICIPATION IN OHIO 22,254
WORKS FIRST, it shall promptly make an investigation and record 22,256
of the circumstances of the applicant in order to ascertain the 22,257
facts surrounding the application and to obtain such other 22,258
information as may be required. Upon the completion of the 22,259
investigation, the county administration DEPARTMENT shall 22,260
determine whether the applicant is eligible for aid TO 22,261
PARTICIPATE, the amount of aid CASH ASSISTANCE the applicant 22,263
should receive, and the approximate date when such aid
PARTICIPATION shall begin. The amount OF CASH ASSISTANCE so 22,265
determined shall be certified to the STATE department of human 22,266
services in such form as the department shall prescribe. 22,268
Warrants, direct deposits, or debit cards shall be delivered or 22,269
made payable to the caretaker of the child, or the child's duly 22,271
appointed guardian, or another individual who is concerned with 22,272
the welfare of the recipient, or vendor payments may be made on 22,273
behalf of such child under conditions that would qualify such
payments for federal matching, by the department in such THE 22,274
manner as the STATE department may prescribe except that warrants 22,276
for the payment of health care or foster care shall, at the 22,278
535
option of the department, be made payable to, and delivered to, 22,279
the persons or agencies furnishing such care. 22,280
If, during the continuance of aid, the recipient becomes 22,282
possessed of income or resources in excess of the amount 22,283
previously reported, the recipient TO THE EXTENT REQUIRED BY 22,284
RULES ADOPTED UNDER SECTION 5107.13 OF THE REVISED CODE, A 22,286
PARTICIPANT OF THE WORK COMPONENT shall notify the county 22,287
administration of this fact DEPARTMENT immediately upon the 22,288
receipt or possession of such additional income or resources NOT 22,290
PREVIOUSLY REPORTED TO THE COUNTY DEPARTMENT. Any failure to 22,292
report a possession of income or resources in excess of the 22,294
amount previously reported by the recipient in compliance with 22,295
this chapter to the SO NOTIFY A county administration DEPARTMENT 22,296
shall be regarded as prima-facie evidence of an intent to 22,297
defraud.
An applicant or recipient aggrieved because of a county 22,299
administration's decision or delay in making a decision may 22,300
appeal to the department in the manner prescribed by the 22,301
department and shall be afforded reasonable notice and 22,302
opportunity for a fair hearing. All decisions of the department 22,303
made on appeal shall be final and binding upon and complied with 22,304
by the county administration. 22,305
Any person who applies for aid under this section shall 22,307
receive a voter registration application under section 3503.10 of 22,308
the Revised Code.
Sec. 5107.041 5107.17. As used in this section, 22,317
"fraudulent payment ASSISTANCE" means a payment of aid ASSISTANCE 22,318
AND SERVICES, INCLUDING CASH ASSISTANCE, PROVIDED under this 22,319
chapter THE OHIO WORKS FIRST PROGRAM to or on behalf of an 22,321
assistance group that is made as a result of fraud by a member of 22,322
the assistance group, INCLUDING AN INTENTIONAL VIOLATION OF THE 22,323
PROGRAM'S REQUIREMENTS. "Fraudulent payment ASSISTANCE" does not 22,324
include a payment ASSISTANCE OR SERVICES under this chapter THE 22,325
OHIO WORKS FIRST PROGRAM to or on behalf of an assistance group 22,327
536
that is made PROVIDED as a result of an error that is the fault 22,328
of a county department of human services or the state department 22,329
of human services.
Subject to the terms and conditions of federal waivers 22,331
granted pursuant to an application made under section 5101.09 of 22,333
the Revised Code, if IF a county director of human services 22,334
determines that an assistance group has received a fraudulent 22,335
payment ASSISTANCE, the assistance group is ineligible for aid 22,336
under this chapter TO PARTICIPATE IN THE OHIO WORKS FIRST PROGRAM 22,337
until a member of the assistance group repays the COST OF THE 22,339
fraudulent payment. The assistance group's eligibility for aid 22,341
under this chapter shall not be terminated until after the
assistance group has exhausted its appeals under section 5101.35 22,342
of the Revised Code if the assistance group appeals under that 22,344
section ASSISTANCE. If a member repays the COST OF THE 22,345
fraudulent payment ASSISTANCE and the assistance group otherwise 22,346
meets the eligibility requirements for aid under this chapter THE 22,347
OHIO WORKS FIRST PROGRAM, the assistance group is eligible for 22,349
resumed aid under this chapter. A person who would be eligible 22,350
for aid under this chapter if not for this section is eligible 22,351
for medical assistance under Chapter 5111. of the Revised Code.
If any provision of this section conflicts with the terms 22,353
and conditions of a federal waiver granted pursuant to an 22,354
application made under section 5101.09 of the Revised Code, the 22,356
terms and conditions of the federal waiver prevail SHALL NOT BE 22,357
DENIED THE OPPORTUNITY TO PARTICIPATE IN THE PROGRAM. 22,358
THIS SECTION DOES NOT LIMIT THE ABILITY OF A COUNTY 22,360
DEPARTMENT OF HUMAN SERVICES TO RECOVER ERRONEOUS PAYMENTS UNDER 22,361
SECTION 5107.77 OF THE REVISED CODE.
THE STATE DEPARTMENT OF HUMAN SERVICES SHALL ADOPT RULES 22,363
UNDER SECTION 5107.13 OF THE REVISED CODE TO IMPLEMENT THIS 22,364
SECTION.
Sec. 5107.32 5107.20. (A) As used in this section, 22,373
"adult" means a person age eighteen or older. 22,375
537
(B) Subject to the terms and conditions of federal waivers 22,377
granted pursuant to an application made under section 5101.09 of 22,378
the Revised Code, an AN assistance group is ineligible for aid 22,380
under this chapter TO PARTICIPATE IN THE WORK COMPONENT unless 22,381
THE MINOR HEAD OF HOUSEHOLD OR each adult member of the 22,382
assistance group, at the time the assistance group applies NOT 22,383
LATER THAN THIRTY DAYS AFTER APPLYING for aid or is undergoing a 22,384
redetermination of eligibility for aid under this chapter THE 22,386
COMPONENT, enters into a WRITTEN self-sufficiency contract with 22,387
the county department of human services under which. THE 22,389
CONTRACT SHALL SET FORTH THE RIGHTS AND RESPONSIBILITIES OF the 22,390
assistance group agrees to comply with all requirements for aid 22,392
under this chapter AS APPLICANTS FOR AND PARTICIPANTS OF THE 22,393
COMPONENT, including the JOBS program WORK RESPONSIBILITIES 22,395
established under sections 5101.80 5107.40 to 5101.94 5107.68 of 22,397
the Revised Code and other education and work training activities 22,399
REQUIREMENTS designed to assist persons THE ASSISTANCE GROUP in 22,400
obtaining employment. A person who would be eligible for aid 22,403
under this chapter if not for this section is eligible for 22,405
medical assistance under Chapter 5111. of the Revised Code. 22,406
The department of human services shall adopt rules in 22,408
accordance with Chapter 119. of the Revised Code that are 22,409
necessary to implement this section. The rules shall include the 22,410
contract document that adult assistance group members must sign 22,411
under this section. The contract shall state the 22,412
responsibilities of applicants for and recipients of aid under 22,413
this chapter.
If any provision of this section conflicts with the terms 22,415
and conditions of a federal waiver granted pursuant to an 22,416
application made under section 5101.09 of the Revised Code, the 22,417
terms and conditions of the federal waiver prevail ACHIEVING SELF 22,418
SUFFICIENCY AND PERSONAL RESPONSIBILITY. THE COUNTY DEPARTMENT 22,419
SHALL PROVIDE WITHOUT CHARGE A COPY OF THE CONTRACT TO EACH
ASSISTANCE GROUP MEMBER WHO SIGNS IT. 22,420
538
EACH SELF-SUFFICIENCY CONTRACT SHALL INCLUDE, BASED ON WORK 22,423
APPRAISALS CONDUCTED UNDER SECTION 5107.41 OF THE REVISED CODE 22,424
AND ASSESSMENTS CONDUCTED UNDER SECTION 5107.70 OF THE REVISED 22,425
CODE, THE FOLLOWING:
(A) THE ASSISTANCE GROUP'S PLAN, DEVELOPED UNDER SECTION 22,427
5107.41 OF THE REVISED CODE, TO ACHIEVE THE GOAL OF SELF 22,430
SUFFICIENCY AND PERSONAL RESPONSIBILITY THROUGH UNSUBSIDIZED 22,431
EMPLOYMENT WITHIN THE TIME LIMIT FOR PARTICIPATING IN THE WORK 22,432
COMPONENT ESTABLISHED BY SECTION 5107.23 OF THE REVISED CODE; 22,434
(B) WORK ACTIVITIES, DEVELOPMENTAL ACTIVITIES, AND 22,437
ALTERNATIVE WORK ACTIVITIES TO WHICH MEMBERS OF THE ASSISTANCE 22,438
GROUP ARE ASSIGNED UNDER SECTIONS 5107.40 TO 5107.68 OF THE 22,440
REVISED CODE; 22,441
(C) THE RESPONSIBILITY OF A CARETAKER MEMBER OF THE 22,444
ASSISTANCE GROUP TO COOPERATE IN ESTABLISHING A MINOR CHILD'S 22,445
PATERNITY AND ESTABLISHING, MODIFYING, AND ENFORCING A SUPPORT 22,446
ORDER FOR THE CHILD IN ACCORDANCE WITH SECTION 5107.27 OF THE 22,448
REVISED CODE AND THE CONSEQUENCES ESTABLISHED IN THAT SECTION FOR 22,450
FAILURE OR REFUSAL TO COOPERATE WITHOUT GOOD CAUSE; 22,451
(D) OTHER RESPONSIBILITIES THAT MEMBERS OF THE ASSISTANCE 22,453
GROUP MUST SATISFY TO PARTICIPATE IN THE WORK COMPONENT AND THE 22,454
CONSEQUENCES FOR FAILURE OR REFUSAL TO SATISFY THE 22,455
RESPONSIBILITIES; 22,456
(E) AN AGREEMENT THAT THE ASSISTANCE GROUP WILL COMPLY 22,459
WITH THE CONDITIONS OF PARTICIPATING IN THE WORK COMPONENT 22,460
ESTABLISHED BY THIS CHAPTER AND SECTIONS 5101.19, 5101.58, AND 22,461
5101.59 OF THE REVISED CODE; 22,463
(F) ASSISTANCE AND SERVICES THE COUNTY DEPARTMENT WILL 22,465
PROVIDE TO THE ASSISTANCE GROUP; 22,466
(G) ASSISTANCE AND SERVICES THE CHILD SUPPORT ENFORCEMENT 22,469
AGENCY AND PUBLIC CHILDREN SERVICES AGENCY WILL PROVIDE TO THE 22,470
ASSISTANCE GROUP PURSUANT TO A PLAN OF COOPERATION ENTERED INTO 22,471
UNDER SECTION 307.983 OF THE REVISED CODE; 22,473
(H) OTHER PROVISIONS DESIGNED TO ASSIST THE ASSISTANCE 22,475
539
GROUP IN ACHIEVING SELF-SUFFICIENCY AND PERSONAL RESPONSIBILITY; 22,476
(I) PROCEDURES FOR ASSESSING WHETHER RESPONSIBILITIES ARE 22,479
BEING SATISFIED AND WHETHER THE CONTRACT SHOULD BE AMENDED;
(J) PROCEDURES FOR AMENDING THE CONTRACT. 22,481
Sec. 5107.21. (A) IF A MEMBER OF AN ASSISTANCE GROUP 22,484
FAILS OR REFUSES, WITHOUT GOOD CAUSE, TO COMPLY IN FULL WITH A 22,485
PROVISION OF A SELF-SUFFICIENCY CONTRACT ENTERED INTO UNDER 22,486
SECTION 5107.20 OF THE REVISED CODE, A COUNTY DEPARTMENT SHALL 22,488
SANCTION THE ASSISTANCE GROUP AS FOLLOWS: 22,489
(1) FOR A FIRST FAILURE OR REFUSAL, THE COUNTY DEPARTMENT 22,491
SHALL DENY OR TERMINATE THE ASSISTANCE GROUP'S ELIGIBILITY TO 22,492
PARTICIPATE IN THE WORK COMPONENT FOR ONE PAYMENT MONTH OR UNTIL 22,493
THE FAILURE OR REFUSAL CEASES, WHICHEVER IS LONGER; 22,494
(2) FOR A SECOND FAILURE OR REFUSAL, THE COUNTY DEPARTMENT 22,497
SHALL DENY OR TERMINATE THE ASSISTANCE GROUP'S ELIGIBILITY TO
PARTICIPATE IN THE WORK COMPONENT FOR THREE PAYMENT MONTHS OR 22,498
UNTIL THE FAILURE OR REFUSAL CEASES, WHICHEVER IS LONGER; 22,499
(3) FOR A THIRD OR SUBSEQUENT FAILURE OR REFUSAL, THE 22,501
COUNTY DEPARTMENT SHALL DENY OR TERMINATE THE ASSISTANCE GROUP'S 22,502
ELIGIBILITY TO PARTICIPATE IN THE WORK COMPONENT FOR SIX PAYMENT 22,503
MONTHS OR UNTIL THE FAILURE OR REFUSAL CEASES, WHICHEVER IS 22,504
LONGER. 22,505
(B) EACH COUNTY DEPARTMENT OF HUMAN SERVICES SHALL 22,508
ESTABLISH STANDARDS FOR THE DETERMINATION OF GOOD CAUSE FOR 22,509
FAILURE OR REFUSAL TO COMPLY IN FULL WITH A PROVISION OF A 22,510
SELF-SUFFICIENCY CONTRACT.
(1) IN THE CASE OF A FAILURE OR REFUSAL TO PARTICIPATE IN 22,512
A WORK ACTIVITY, DEVELOPMENTAL ACTIVITY, OR ALTERNATIVE WORK 22,513
ACTIVITY UNDER SECTIONS 5107.40 TO 5107.68 OF THE REVISED CODE, 22,516
GOOD CAUSE SHALL INCLUDE, EXCEPT AS PROVIDED IN DIVISION (B)(2) 22,518
OF THIS SECTION, THE FOLLOWING: 22,519
(a) FAILURE OF THE COUNTY DEPARTMENT TO PLACE THE MEMBER 22,522
IN AN ACTIVITY;
(b) FAILURE OF THE COUNTY DEPARTMENT TO PROVIDE FOR THE 22,525
540
ASSISTANCE GROUP TO RECEIVE SUPPORT SERVICES THE COUNTY
DEPARTMENT DETERMINES UNDER SECTION 5107.66 OF THE REVISED CODE 22,528
TO BE NECESSARY. IN DETERMINING WHETHER GOOD CAUSE EXISTS, A 22,529
COUNTY DEPARTMENT SHALL DETERMINE THAT DAY CARE IS A NECESSARY 22,530
SUPPORT SERVICE IF A SINGLE CUSTODIAL PARENT CARING FOR A CHILD 22,531
UNDER AGE SIX PROVES A DEMONSTRATED INABILITY, AS DETERMINED BY 22,532
THE COUNTY DEPARTMENT, TO OBTAIN NEEDED CHILD CARE FOR ONE OR 22,533
MORE OF THE FOLLOWING REASONS: 22,534
(i) UNAVAILABILITY OF APPROPRIATE CHILD CARE WITHIN A 22,537
REASONABLE DISTANCE FROM THE PARENT'S HOME OR WORK SITE; 22,538
(ii) UNAVAILABILITY OR UNSUITABILITY OF INFORMAL CHILD 22,541
CARE BY A RELATIVE OR UNDER OTHER ARRANGEMENTS;
(iii) UNAVAILABILITY OF APPROPRIATE AND AFFORDABLE FORMAL 22,544
CHILD CARE ARRANGEMENTS.
(2) GOOD CAUSE DOES NOT EXIST IF THE MEMBER OF THE 22,546
ASSISTANCE GROUP IS PLACED IN AN EDUCATION PROGRAM ESTABLISHED 22,547
UNDER DIVISION (B) OF SECTION 5107.58 OF THE REVISED CODE AND 22,550
EXHAUSTS THE SUPPORT SERVICES AVAILABLE FOR THE PROGRAM. 22,551
(C) WHEN A STATE HEARING UNDER DIVISION (B) OF SECTION 22,554
5101.35 OF THE REVISED CODE OR AN ADMINISTRATIVE APPEAL UNDER 22,557
DIVISION (C) OF THAT SECTION IS HELD REGARDING A SANCTION UNDER 22,558
THIS SECTION, THE HEARING OFFICER, DIRECTOR OF HUMAN SERVICES, OR 22,559
DIRECTOR'S DESIGNEE SHALL BASE THE DECISION IN THE HEARING OR 22,560
APPEAL ON THE COUNTY DEPARTMENT'S STANDARDS OF GOOD CAUSE FOR 22,561
FAILURE OR REFUSAL TO COMPLY IN FULL WITH A PROVISION OF A 22,562
SELF-SUFFICIENCY CONTRACT, IF THE COUNTY DEPARTMENT PROVIDES THE 22,563
HEARING OFFICER, DIRECTOR, OR DIRECTOR'S DESIGNEE A COPY OF THE 22,564
COUNTY DEPARTMENT'S GOOD CAUSE STANDARDS. 22,565
(D) AFTER SANCTIONING AN ASSISTANCE GROUP UNDER DIVISION 22,569
(A) OF THIS SECTION, A COUNTY DEPARTMENT OF HUMAN SERVICES SHALL 22,570
PROVIDE THE MEMBER OF THE ASSISTANCE GROUP WHO CAUSED THE 22,571
SANCTION AN OPPORTUNITY TO DEMONSTRATE TO THE COUNTY DEPARTMENT A 22,572
WILLINGNESS TO CEASE THE FAILURE OR REFUSAL TO COMPLY WITH THE 22,573
SELF-SUFFICIENCY CONTRACT.
541
(E)(1) A MINOR CHILD ELIGIBLE FOR MEDICAL ASSISTANCE 22,576
PURSUANT TO DIVISION (A)(1)(b) OF SECTION 5111.01 OF THE REVISED 22,579
CODE WHO WOULD BE ELIGIBLE TO PARTICIPATE IN THE WORK COMPONENT 22,581
IF NOT FOR A SANCTION UNDER THIS SECTION DOES NOT LOSE 22,582
ELIGIBILITY FOR MEDICAL ASSISTANCE.
(2) AN ADULT ELIGIBLE FOR MEDICAL ASSISTANCE PURSUANT TO 22,584
DIVISION (A)(1)(b) OF SECTION 5111.01 OF THE REVISED CODE WHO 22,589
WOULD BE ELIGIBLE TO PARTICIPATE IN THE WORK COMPONENT IF NOT FOR 22,590
A SANCTION UNDER DIVISION (A)(1) OR (2) OF THIS SECTION DOES NOT 22,592
LOSE ELIGIBILITY FOR MEDICAL ASSISTANCE. AN ADULT ELIGIBLE FOR 22,593
MEDICAL ASSISTANCE PURSUANT TO DIVISION (A)(1)(b) OF SECTION 22,595
5111.01 OF THE REVISED CODE WHO IS SANCTIONED UNDER DIVISION 22,598
(A)(3) OF THIS SECTION LOSES ELIGIBILITY FOR MEDICAL ASSISTANCE 22,599
UNLESS THE ADULT IS OTHERWISE ELIGIBLE FOR MEDICAL ASSISTANCE 22,600
PURSUANT TO ANOTHER DIVISION OF SECTION 5111.01 OF THE REVISED 22,603
CODE.
(3) AN ADULT ELIGIBLE FOR MEDICAL ASSISTANCE PURSUANT TO 22,605
DIVISION (A)(1)(a) OF SECTION 5111.01 OF THE REVISED CODE WHO IS 22,610
SANCTIONED UNDER DIVISION (A)(3) OF THIS SECTION FOR A FAILURE OR 22,612
REFUSAL, WITHOUT GOOD CAUSE, TO COMPLY IN FULL WITH A PROVISION 22,613
OF A SELF-SUFFICIENCY CONTRACT RELATED TO WORK RESPONSIBILITIES 22,614
UNDER SECTIONS 5107.40 TO 5107.68 OF THE REVISED CODE LOSES 22,616
ELIGIBILITY FOR MEDICAL ASSISTANCE UNLESS THE ADULT IS OTHERWISE 22,617
ELIGIBLE FOR MEDICAL ASSISTANCE PURSUANT TO ANOTHER DIVISION OF 22,618
SECTION 5111.01 OF THE REVISED CODE. 22,620
Sec. 5107.23. (A) EXCEPT AS PROVIDED IN DIVISIONS (B), 22,625
(C), (D), AND (E) OF THIS SECTION, AN ASSISTANCE GROUP IS 22,626
INELIGIBLE TO PARTICIPATE IN THE WORK COMPONENT IF THE ASSISTANCE 22,628
GROUP INCLUDES AN ADULT WHO HAS PARTICIPATED IN THE COMPONENT FOR
THIRTY-SIX MONTHS. THE TIME LIMIT APPLIES REGARDLESS OF WHETHER 22,629
THE THIRTY-SIX MONTHS ARE CONSECUTIVE. 22,630
(B) AN ASSISTANCE GROUP THAT HAS CEASED TO PARTICIPATE IN 22,633
THE WORK COMPONENT PURSUANT TO DIVISION (A) OF THIS SECTION FOR 22,635
AT LEAST TWENTY-FOUR MONTHS MAY REAPPLY TO PARTICIPATE IN THE 22,636
542
WORK COMPONENT IF GOOD CAUSE EXISTS AS SPECIFIED IN RULES ADOPTED 22,637
UNDER SECTION 5107.13 OF THE REVISED CODE. GOOD CAUSE MAY 22,639
INCLUDE LOSING EMPLOYMENT, INABILITY TO FIND EMPLOYMENT, DIVORCE, 22,640
DOMESTIC VIOLENCE CONSIDERATIONS, AND UNIQUE PERSONAL 22,641
CIRCUMSTANCES. THE ASSISTANCE GROUP MUST PROVIDE A COUNTY 22,642
DEPARTMENT OF HUMAN SERVICES VERIFICATION ACCEPTABLE TO THE 22,643
COUNTY DEPARTMENT OF WHETHER ANY MEMBERS OF THE ASSISTANCE GROUP 22,644
HAD EMPLOYMENT DURING THE PERIOD THE ASSISTANCE GROUP WAS NOT 22,645
PARTICIPATING IN THE WORK COMPONENT AND THE AMOUNT AND SOURCES OF 22,647
THE ASSISTANCE GROUP'S INCOME DURING THAT PERIOD. IF A COUNTY 22,648
DEPARTMENT IS SATISFIED THAT GOOD CAUSE EXISTS FOR THE ASSISTANCE 22,649
GROUP TO REAPPLY TO PARTICIPATE IN THE WORK COMPONENT, THE 22,650
ASSISTANCE GROUP MAY REAPPLY. EXCEPT AS PROVIDED IN DIVISIONS 22,651
(C), (D), AND (E) OF THIS SECTION, THE ASSISTANCE GROUP MAY NOT 22,654
PARTICIPATE IN THE WORK COMPONENT FOR MORE THAN TWENTY-FOUR 22,655
ADDITIONAL MONTHS. THE TIME LIMIT APPLIES REGARDLESS OF WHETHER 22,656
THE TWENTY-FOUR MONTHS ARE CONSECUTIVE.
(C) IN DETERMINING THE NUMBER OF MONTHS A PARENT OR 22,660
PREGNANT WOMAN HAS RECEIVED ASSISTANCE UNDER TITLE IV-A, A COUNTY 22,664
DEPARTMENT OF HUMAN SERVICES SHALL DISREGARD ANY MONTH DURING 22,665
WHICH THE PARENT OR PREGNANT WOMAN WAS A MINOR CHILD BUT WAS 22,666
NEITHER A MINOR HEAD OF HOUSEHOLD NOR MARRIED TO THE HEAD OF AN 22,667
ASSISTANCE GROUP.
(D) IN DETERMINING THE NUMBER OF MONTHS AN ADULT HAS 22,670
RECEIVED ASSISTANCE UNDER TITLE IV-A, A COUNTY DEPARTMENT OF 22,674
HUMAN SERVICES SHALL DISREGARD ANY MONTH DURING WHICH THE ADULT 22,675
LIVED ON AN INDIAN RESERVATION OR IN AN ALASKA NATIVE VILLAGE, AS 22,677
THOSE TERMS ARE USED IN 42 U.S.C.A. 608(a)(7)(D), IF, DURING THE 22,681
MONTH, AT LEAST ONE THOUSAND INDIVIDUALS LIVED ON THE RESERVATION 22,682
OR IN THE VILLAGE AND AT LEAST FIFTY PER CENT OF THE ADULTS 22,683
LIVING ON THE RESERVATION OR IN THE VILLAGE WERE UNEMPLOYED. 22,684
(E) A COUNTY DEPARTMENT OF HUMAN SERVICES MAY EXEMPT NOT 22,687
MORE THAN TWENTY PER CENT OF THE AVERAGE MONTHLY NUMBER OF WORK 22,689
COMPONENT PARTICIPANTS FROM THE TIME LIMIT ESTABLISHED BY THIS 22,690
543
SECTION ON THE GROUNDS THAT THE COUNTY DEPARTMENT DETERMINES THAT 22,691
THE TIME LIMIT IS A HARDSHIP. IN THE CASE OF THE TIME LIMIT 22,692
ESTABLISHED BY DIVISION (A) OF THIS SECTION, A COUNTY DEPARTMENT 22,693
MAY NOT EXEMPT AN ASSISTANCE GROUP UNTIL THE GROUP HAS EXHAUSTED 22,694
ITS THIRTY-SIX MONTHS OF CASH ASSISTANCE. 22,695
(F) THE STATE DEPARTMENT OF HUMAN SERVICES SHALL 22,697
CONTINUALLY MONITOR THE PERCENTAGE OF THE AVERAGE MONTHLY NUMBER 22,698
OF OHIO WORKS FIRST PARTICIPANTS IN EACH COUNTY THAT IS EXEMPTED 22,700
UNDER DIVISION (E) OF THIS SECTION FROM THE TIME LIMIT 22,701
ESTABLISHED BY THIS SECTION. ON DETERMINING THAT THE PERCENTAGE 22,703
IN ANY COUNTY EQUALS OR EXCEEDS EIGHTEEN PER CENT, THE STATE
DEPARTMENT SHALL IMMEDIATELY NOTIFY THE COUNTY DEPARTMENT OF 22,704
HUMAN SERVICES. 22,705
(G) ONLY PARTICIPATION IN THE WORK COMPONENT ON OR AFTER 22,708
OCTOBER 1, 1997, APPLIES TO THE TIME LIMIT ESTABLISHED BY THIS 22,709
SECTION. THE TIME LIMIT APPLIES REGARDLESS OF THE SOURCE OF 22,710
FUNDING FOR THE COMPONENT. ASSISTANCE UNDER TITLE IV-A PROVIDED 22,713
BY ANY STATE APPLIES TO THE TIME LIMIT. THE TIME LIMIT IS A 22,714
LIFETIME LIMIT. NO ASSISTANCE GROUP SHALL RECEIVE ASSISTANCE 22,715
UNDER THE COMPONENT IN VIOLATION OF THE TIME LIMIT FOR ASSISTANCE 22,716
UNDER TITLE IV-A ESTABLISHED BY SECTION 408(a)(7) OF THE "SOCIAL 22,719
SECURITY ACT," AS AMENDED BY THE "PERSONAL RESPONSIBILITY AND 22,720
WORK OPPORTUNITY RECONCILIATION ACT OF 1996," 110 STAT. 2105, 42 22,722
U.S.C.A. 608(a)(7). 22,723
Sec. 5107.07 5107.25. (A) The acceptance of aid under 22,733
this chapter AS USED IN THIS SECTION, "SUPPORT" HAS THE SAME 22,734
MEANING AS IN SECTION 3113.21 OF THE REVISED CODE. 22,735
PARTICIPATION IN THE WORK COMPONENT constitutes an 22,737
assignment to the department of human services of any rights an 22,739
individual receiving aid has MEMBERS OF AN ASSISTANCE GROUP HAVE 22,740
to support from any other person, excluding medical support 22,741
assigned pursuant to section 5101.59 of the Revised Code. The 22,742
rights to support assigned to the department pursuant to this 22,743
section constitute an obligation of the person who is responsible 22,744
544
for providing the support to the state for the amount of aid 22,745
payments CASH ASSISTANCE PROVIDED to the recipient or recipients 22,747
whose needs are included in determining the amount of aid 22,748
received ASSISTANCE GROUP. Support 22,749
A CHILD SUPPORT ENFORCEMENT AGENCY SHALL COLLECT AND 22,751
DISTRIBUTE SUPPORT payments assigned to the state pursuant to 22,753
this section shall be collected by the county administration, and 22,754
reimbursements for aid payments shall be credited to the county, 22,755
state, and federal governments in the same proportions as they 22,756
participate in the financing of such payments. Support 22,757
obligations owed to children shall be distributed WORK COMPONENT 22,758
PARTICIPANTS, WHETHER ASSIGNED TO THE DEPARTMENT OR UNASSIGNED, 22,759
in accordance with laws and rules applicable to the federal child 22,761
support program under the "Social Services Amendments of 1974," 22,762
88 Stat. 2351, 42 U.S.C.A. 651, as amended TITLE IV-D, FEDERAL 22,763
REGULATIONS, STATE STATUTES, AND RULES ADOPTED UNDER SECTION 22,764
5107.13 OF THE REVISED CODE. 22,765
(B) If a A child support enforcement agency THAT receives 22,768
in any month support payments that are made in accordance with a 22,769
support order and that are subject to division (A) of this 22,770
section, the agency, in accordance with division (A) of this 22,771
section and the rules adopted pursuant to division (D) of this 22,772
section, ASSIGNED TO THE DEPARTMENT shall pay the support 22,774
payments to the department of human services. Upon receipt of 22,775
any support payments pursuant to this division, the department, 22,776
in accordance with the rules adopted pursuant to division (D) of 22,777
this section and to the extent applicable, shall do all of the 22,778
following:
(1) If any of the support payments are received by the 22,781
child support enforcement agency in the month in which they were 22,783
due under the support order, pay the first fifty dollars of those 22,785
payments or the amount payable pursuant to division (E) of this 22,786
section to the obligee no later than fifteen days after the last 22,788
of those payments were received in the applicable month by the 22,789
545
agency; 22,790
(2) If any of the support payments are received by the 22,792
child support enforcement agency in a month subsequent to the 22,793
month in which the payments were due under the support order and 22,794
if the obligor made the support payments in the month in which 22,795
they were due under the support order, pay the first fifty 22,796
dollars of those support payments or the amount payable pursuant 22,797
to division (E) of this section to the obligee no later than 22,798
fifteen days after the last of those payments were received in 22,799
the applicable month by the agency; 22,800
(3) If divisions (B)(1) and (2) of this section are not 22,802
applicable, pay the full amount of the support payments to the 22,803
appropriate governmental entities in accordance with division (A) 22,804
of this section and the rules adopted pursuant to division (D) of 22,805
this section. 22,806
(C) Child support collections received by the state. IN 22,809
ACCORDANCE WITH FEDERAL STATUTES AND REGULATIONS, THE DEPARTMENT
SHALL DEPOSIT SUPPORT PAYMENTS IT RECEIVES pursuant to this 22,811
section shall be deposited in INTO the state treasury to the 22,813
credit of the child support collections fund, OR THE CHILD
SUPPORT ADMINISTRATIVE FUND, BOTH OF which is ARE hereby created. 22,816
Money credited to the fund FUNDS shall be used to make aid CASH 22,818
ASSISTANCE payments under this chapter THE WORK COMPONENT. 22,819
(D) The department of human services, in accordance with 22,821
section 111.15 of the Revised Code, shall adopt rules 22,822
establishing procedures for the administration of this section. 22,823
The rules shall include, but are not limited to, all of the 22,824
following: 22,825
(1) Procedures to ensure that the payments required by 22,827
divisions (B)(1) and (2) of this section are made within the 22,828
required period of time; 22,829
(2) Procedures establishing a period of time within which 22,831
child support enforcement agencies are required to pay support 22,832
payments to the department of human services pursuant to division 22,833
546
(B) of this section, which specified period of time shall enable 22,834
the department to comply with the time deadlines in divisions 22,835
(B)(1) and (2) of this section; 22,836
(3) Procedures to ensure compliance with division (E) of 22,838
this section; 22,839
(4) Any other procedures necessary to ensure compliance 22,841
with any applicable state or federal laws. 22,842
(E) If the amount of support payments that federal law 22,844
requires to be disregarded in determining eligibility for aid 22,845
under this chapter exceeds fifty dollars, the amount paid to an 22,846
obligee pursuant to divisions (B)(1) and (2) of this section 22,847
shall be the amount that federal law requires to be disregarded 22,848
when determining the eligibility of the family of an obligee for 22,849
aid under this chapter. 22,850
(F) As used in this section, "support order," "support," 22,852
"obligee," and "obligor" have the same meanings as in section 22,853
3113.21 of the Revised Code. 22,854
Sec. 5107.071 5107.27. (A) As used in this section: 22,864
(1) "Caretaker", "CARETAKER" means the parent of a MINOR 22,867
child or a relative acting in the parent's place. 22,868
(2) "Child support enforcement agency" means the entity 22,870
designated as the child support enforcement agency under section 22,871
2301.35 of the Revised Code. 22,873
(3) "Paternity establishment or child support proceeding" 22,875
means an interview or administrative hearing to establish a 22,877
child's paternity or a support order for a child or a court
proceeding to establish a child's paternity or establish, modify, 22,878
or enforce a child support order. 22,879
(4) "The implementation date of this section" means the 22,881
date this section is implemented as provided in rules adopted 22,882
under section 5101.09 of the Revised Code. 22,883
(B) Unless good cause for failure or refusal exists AS 22,885
DETERMINED PURSUANT TO RULES ADOPTED UNDER SECTION 5107.13 OF THE 22,887
REVISED CODE, the caretaker of a MINOR child shall cooperate, if 22,889
547
the caretaker is a member of the child's assistance group, in 22,890
establishing the child's paternity and establishing, modifying, 22,891
and enforcing a support order for the child. The child support 22,892
enforcement agency with responsibility for administering the 22,893
assistance group's paternity and support order requirements shall 22,895
determine whether the caretaker is cooperating under this
section. Cooperation includes providing sufficient information 22,896
available to the caretaker to verify the identity of the MINOR 22,897
child's father and establish, modify, and enforce a support 22,898
order. Sufficient information may include, but is not limited 22,899
to, the following about the father or each man suspected of being 22,900
the father:
(1) Name, past or present address, and telephone number; 22,902
(2) Date of birth; 22,904
(3) Social security number; 22,905
(4) Past or present place of employment or school; 22,907
(5) The names and past or present addresses and telephone 22,909
numbers of relatives or friends; 22,910
(6) Other information the agency determines is necessary 22,912
to identify the father and establish a support order. 22,913
Information is available to the caretaker if the caretaker 22,915
can obtain the information through reasonable, diligent efforts. 22,916
Cooperation includes submitting, or having the child 22,918
submit, to genetic tests that the child support enforcement 22,919
agency or court requires. Cooperation may also include not 22,920
failing or refusing to appear at two or more consecutive 22,921
paternity establishment or child support proceedings. 22,922
(C)(1) A caretaker has good cause for failure or refusal 22,925
to cooperate under this section if the child support enforcement 22,926
agency determines that cooperation is against the best interest 22,927
of the child because of any of the following: 22,928
(a) Cooperation is reasonably anticipated to result in 22,930
physical harm to the child; 22,932
(b) Cooperation is reasonably anticipated to result in 22,935
548
physical harm to the caretaker which would reduce the caretaker's 22,936
ability to care for the child adequately; 22,937
(c) The child was conceived as the result of incest or 22,939
forcible rape.
(2) A caretaker who claims good cause for failure or 22,941
refusal to cooperate under this section shall provide the child 22,942
support enforcement agency corroborative evidence supporting the 22,943
claim. A good-cause claim may be corroborated with either of the 22,945
following evidence:
(a) A court, medical, criminal, child protective services, 22,948
social services, psychological, or law enforcement record, or 22,949
other credible and competent evidence, that indicates that the 22,950
person who could be determined to be the father or against whom a 22,951
support order could be established might inflict physical harm on 22,952
the child or caretaker;
(b) A birth certificate or medical or law enforcement 22,955
record that indicates the child was conceived as the result of 22,956
incest or forcible rape.
(D) A child support enforcement agency shall notify the 22,959
county department of human services serving the county in which a 22,960
caretaker resides if the agency determines that the caretaker has 22,961
failed or refused to cooperate under this section without good 22,962
cause and the caretaker is a member of an assistance group 22,963
determined or redetermined eligible for aid under this chapter on 22,965
or after the implementation date of this section. Subject to the 22,967
terms and conditions of federal waivers granted pursuant to an 22,969
application made under section 5101.09 of the Revised Code, the 22,970
county department, on receipt of the notice, shall terminate the 22,972
caretaker's eligibility for aid under this chapter. Unless the 22,974
caretaker subsequently reapplies for aid under this chapter and 22,975
cooperates in establishing the child's paternity and 22,977
establishing, modifying, and enforcing a child support order for 22,980
the child not later than two years after losing eligibility under 22,981
this section, the county department shall terminate the
549
eligibility for aid under this chapter of each member of the 22,983
caretaker's former assistance group. If the assistance group 22,984
subsequently reapplies for aid under this chapter and the 22,985
caretaker cooperates in establishing the minor child's paternity 22,986
and establishing, modifying, and enforcing a child support order 22,989
for the child, the county department shall reinstate the 22,990
assistance group's eligibility for aid under this chapter if the 22,992
assistance group meets all other requirements for aid under this 22,995
chapter.
(E) A person who would be eligible for aid under this 22,999
chapter if not for this section is eligible for medical 23,001
assistance under Chapter 5111. of the Revised Code.
(F) If any provision of this section conflicts with the 23,004
terms and conditions of a federal waiver granted pursuant to an 23,005
application made under section 5101.09 of the Revised Code, the 23,006
terms and conditions of the federal waiver prevail PARTICIPATING 23,007
IN THE WORK COMPONENT.
Sec. 5107.031 5107.29. (A) As used in this section: 23,016
(1) "Adult-supervised living arrangement" means a family 23,018
setting approved, licensed, or certified by the department of 23,020
human services, the department of mental health, the department 23,021
of mental retardation and developmental disabilities, the 23,022
department of youth services, a public children services agency, 23,023
or a private child placing agency, OR A PRIVATE NONCUSTODIAL 23,024
AGENCY that is maintained by a person age eighteen or older who 23,025
assumes responsibility for the care and control of a minor 23,026
parent, pregnant minor, or child of a minor parent or provides 23,027
the minor parent, pregnant minor, or child of a minor parent 23,028
supportive services, including counseling, guidance, and 23,029
supervision. "Adult-supervised living arrangement" does not mean 23,030
a public institution. 23,031
(2) "Child of a minor parent" means a child born to a 23,034
minor parent, except that the child ceases to be considered a 23,035
child of a minor parent when the minor parent attains age 23,036
550
eighteen.
(3) "Minor parent" means a parent who is under age 23,038
eighteen and has never IS NOT married. 23,040
(4) "Other adult relative" has the meaning given in rules 23,043
adopted by the department of human services under this section. 23,044
(5) "Pregnant minor" means a pregnant person who is under 23,046
age eighteen and has never NOT married. 23,048
(6) "Private child placing agency" and "public children 23,050
services agency" have the same meanings as in section 2151.011 of 23,051
the Revised Code.
(B)(1) Except as provided in division (C)(B)(2) of this 23,054
section, beginning on the effective date of the rules adopted
under division (F) of this section, a pregnant minor, minor 23,055
parent, or child of a minor parent must reside in an 23,057
adult-supervised living arrangement A PLACE OF RESIDENCE 23,058
MAINTAINED BY A PARENT, LEGAL GUARDIAN, OR SPECIFIED RELATIVE OF 23,059
THE PREGNANT MINOR OR MINOR PARENT AS THE PARENT'S, GUARDIAN'S, 23,060
OR SPECIFIED RELATIVE'S OWN HOME to be eligible for assistance 23,062
under this chapter TO PARTICIPATE IN THE WORK COMPONENT.
(C)(2) A pregnant minor, minor parent, or child of a minor 23,065
parent is exempt from the requirement of division (B)(1) of this 23,066
section if any of the following apply:
(1)(a) The minor parent or pregnant minor does not have a 23,068
parent or, legal guardian, OR SPECIFIED RELATIVE LIVING OR WHOSE 23,070
WHEREABOUTS ARE known to be residing in this state.
(2) The (b) NO parent or, legal guardian, OR SPECIFIED 23,073
RELATIVE of the minor parent or pregnant minor will not allow the 23,074
pregnant minor, minor parent, or minor parent's child to live in 23,075
the parent's or, legal guardian's, OR SPECIFIED RELATIVE'S home. 23,077
(3)(c) The department of human services, a county 23,079
department of human services, or a public children services 23,081
agency determines that the physical or emotional health or safety 23,082
of the pregnant minor, minor parent, or minor parent's child 23,083
would be in jeopardy if the pregnant minor, minor parent, or 23,084
551
minor parent's child lived in the same home as the parent or, 23,085
legal guardian, OR SPECIFIED RELATIVE. 23,086
(4) The pregnant minor or minor parent did not live in an 23,088
adult-supervised living arrangement for a period of not less than 23,089
one year before the date of making application for assistance 23,090
under this chapter, or, in the case of a minor parent, not less 23,091
than one year before the date the minor parent most recently 23,092
became a parent. 23,093
(5)(d) The department of human services, A COUNTY 23,095
DEPARTMENT OF HUMAN SERVICES, OR A PUBLIC CHILDREN SERVICES 23,096
AGENCY OTHERWISE determines that there is other good cause for 23,098
exemption IT IS IN THE BEST INTEREST OF THE PREGNANT MINOR, MINOR 23,099
PARENT, OR MINOR PARENT'S CHILD TO WAIVE THE REQUIREMENT OF 23,100
DIVISION (B)(1) OF THIS SECTION.
(C) A PREGNANT MINOR, MINOR PARENT, OR CHILD OF A MINOR 23,102
PARENT EXEMPT FROM THE REQUIREMENT OF DIVISION (B)(1) OF THIS 23,104
SECTION MUST RESIDE IN AN ADULT-SUPERVISED LIVING ARRANGEMENT TO 23,105
BE ELIGIBLE TO PARTICIPATE IN THE WORK COMPONENT. 23,106
(D) The department of human services, whenever possible, 23,108
shall provide CASH assistance under this chapter THE WORK 23,109
COMPONENT to the parent, legal guardian, or other adult SPECIFIED 23,111
relative of a pregnant minor, OR minor parent, or child of a 23,113
minor parent on behalf of the pregnant minor, minor parent, or 23,114
minor parent's child.
(E) A child of a minor parent who would be eligible for 23,116
aid under this chapter if not for this section is eligible for 23,119
medical assistance under Chapter 5111. of the Revised Code. 23,120
(F) The department of human services shall submit an 23,122
amendment to the plan for aid to dependent children the 23,123
department is required to submit to the United States secretary 23,124
of health and human services under division (A)(1) of section 23,125
5107.02 of the Revised Code. Not later than six months after the 23,127
date the department receives approval of the amendment, the
department shall adopt rules in accordance with section 111.15 of 23,128
552
the Revised Code to implement this section. 23,129
Sec. 5107.31. (A) As used in this section: 23,138
(1) "Implementation date" means the date this section is 23,140
implemented pursuant to rules adopted under section 5101.09 of 23,141
the Revised Code.
(2) "Transitional child day-care" means the PUBLICLY 23,144
FUNDED child day-care provided in accordance with Title IV-A of 23,146
the "Social Security Act," 49 Stat. 627 (1935), 42 U.S.C. 602(g), 23,147
as amended, for not more than twelve months, to an assistance 23,148
group that has ceased to receive aid under this chapter due to 23,149
employment UNDER DIVISION (A)(3) OF SECTION 5104.34 OF THE 23,150
REVISED CODE.
(3)(2) "Transitional medicaid" means the medical 23,152
assistance provided under section 5111.023 of the Revised Code, 23,154
for not more than eighteen months, to an assistance group that 23,155
ceased to receive aid under this chapter due to employment. 23,156
(B) Subject to the terms and conditions of federal waivers 23,158
granted pursuant to an application made under section 5101.09 of 23,159
the Revised Code and except EXCEPT as provided in division (C) of 23,160
this section, each member of an assistance group receiving aid 23,161
under this chapter PARTICIPATING IN THE WORK COMPONENT is 23,162
ineligible for aid under this chapter TO PARTICIPATE IN THE 23,163
COMPONENT for six PAYMENT months beginning on the day IF A COUNTY 23,165
DEPARTMENT OF HUMAN SERVICES DETERMINES THAT a member of the 23,167
assistance group terminates TERMINATED the member's employment 23,168
and each person who was a member of the assistance group of a 23,169
recipient of transitional child day-care or transitional medicaid 23,170
on the day prior to the day the recipient begins to receive 23,171
transitional child day-care or transitional medicaid is 23,172
ineligible for aid under this chapter TO PARTICIPATE IN THE WORK 23,173
COMPONENT for six PAYMENT months beginning on the day IF A COUNTY 23,174
DEPARTMENT DETERMINES THAT the recipient terminates TERMINATED 23,175
the recipient's employment. A person who would be eligible for 23,177
aid under this chapter if not for this section is eligible for 23,179
553
medical assistance under Chapter 5111. of the Revised Code. 23,180
(C) No person ASSISTANCE GROUP MEMBER shall lose or be 23,183
denied eligibility for aid under this chapter TO PARTICIPATE IN 23,184
THE WORK COMPONENT pursuant to division (B) of this section if 23,186
the bureau of employment COUNTY DEPARTMENT OF HUMAN services 23,187
certifies that the person ASSISTANCE GROUP MEMBER WHO terminated 23,189
employment DID SO with just cause. The bureau shall adopt rules 23,190
in accordance with section 111.15 of the Revised Code 23,191
establishing procedures to certify whether a person terminated
employment with just cause. If the bureau adopts the rules after 23,193
the implementation date of this section, no person shall lose or 23,194
be denied eligibility for aid under this chapter pursuant to 23,195
division (B) of this section until the effective date of the 23,196
bureau's rules.
(D) If any provision of this section conflicts with the 23,198
terms and conditions of a federal waiver granted pursuant to an 23,199
application made under section 5101.09 of the Revised Code, the 23,200
terms and conditions of the federal waiver prevail. JUST CAUSE 23,201
INCLUDES THE FOLLOWING:
(1) DISCRIMINATION BY AN EMPLOYER BASED ON AGE, RACE, SEX, 23,204
COLOR, HANDICAP, RELIGIOUS BELIEFS, OR NATIONAL ORIGIN;
(2) WORK DEMANDS OR CONDITIONS THAT RENDER CONTINUED 23,206
EMPLOYMENT UNREASONABLE, SUCH AS WORKING WITHOUT BEING PAID ON 23,207
SCHEDULE; 23,208
(3) EMPLOYMENT THAT HAS BECOME UNSUITABLE DUE TO ANY OF 23,210
THE FOLLOWING: 23,211
(a) THE WAGE IS LESS THAN THE FEDERAL MINIMUM WAGE; 23,213
(b) THE WORK IS AT A SITE SUBJECT TO A STRIKE OR LOCKOUT, 23,216
UNLESS THE STRIKE HAS BEEN ENJOINED UNDER SECTION 208 OF THE 23,217
"LABOR-MANAGEMENT RELATIONS ACT," 61 STAT. 155 (1947), 29 23,219
U.S.C.A. 178, AS AMENDED, AN INJUNCTION HAS BEEN ISSUED UNDER 23,220
SECTION 10 OF THE "RAILWAY LABOR ACT," 44 STAT. 586 (1926), 45 23,222
U.S.C.A. 160, AS AMENDED, OR AN INJUNCTION HAS BEEN ISSUED UNDER 23,223
SECTION 4117.16 OF THE REVISED CODE; 23,224
554
(c) THE DOCUMENTED DEGREE OF RISK TO THE ASSISTANCE GROUP 23,227
MEMBER'S HEALTH AND SAFETY IS UNREASONABLE; 23,228
(d) THE ASSISTANCE GROUP MEMBER IS PHYSICALLY OR MENTALLY 23,231
UNFIT TO PERFORM THE EMPLOYMENT, AS DOCUMENTED BY MEDICAL 23,232
EVIDENCE OR BY RELIABLE INFORMATION FROM OTHER SOURCES. 23,233
(4) DOCUMENTED ILLNESS OF THE ASSISTANCE GROUP MEMBER OR 23,236
OF ANOTHER ASSISTANCE GROUP MEMBER REQUIRING THE PRESENCE OF THE 23,237
ASSISTANCE GROUP MEMBER;
(5) A DOCUMENTED HOUSEHOLD EMERGENCY; 23,239
(6) LACK OF ADEQUATE CHILD CARE FOR CHILDREN OF THE 23,241
ASSISTANCE GROUP MEMBER WHO ARE UNDER SIX YEARS OF AGE. 23,243
Sec. 5107.30 5107.33. (A) As used in this section: 23,252
(1) "LEAP program" means the learning, earning, and 23,254
parenting program. 23,255
(2) "Teen" means a recipient PARTICIPANT of aid to 23,257
dependent children under Chapter 5107. of the Revised Code THE 23,259
WORK COMPONENT who is under age twenty and is a natural or 23,261
adoptive parent or is pregnant.
(3) "School" means an educational program that is designed 23,263
to lead to the attainment of a high school diploma or the 23,264
equivalent of a high school diploma. 23,265
(B) The department of human services may adopt rules under 23,267
section 111.15 5107.13 of the Revised Code, to the extent that 23,268
such rules are consistent with federal law, to do all of the 23,270
following:
(1) Define "good cause" and "the equivalent of a high 23,272
school diploma" for the purposes of this section; 23,273
(2) Conduct one or more special demonstration programs 23,275
titled the "LEAP program," and establish requirements governing 23,277
the program. The purpose of the LEAP program is to encourage 23,278
teens to complete school. 23,279
(3) Require every teen who is subject to LEAP program 23,281
requirements to attend school in accordance with the requirements 23,282
governing the program unless the teen shows good cause for not 23,283
555
attending school. The department shall provide, in addition to 23,284
the aid CASH ASSISTANCE payment provided under Chapter 5107. of 23,286
the Revised Code THE WORK COMPONENT, an incentive payment, in an 23,288
amount determined by the department, to every teen who is 23,289
participating in the LEAP program and attends school in 23,290
accordance with the requirements governing the program. The 23,291
department shall reduce the aid CASH ASSISTANCE payment, in an 23,292
amount determined by the department, under Chapter 5107. of the 23,293
Revised Code THE WORK COMPONENT to every teen participating in 23,295
the LEAP program who fails or refuses, without good cause, to 23,296
attend school in accordance with the requirements governing the 23,297
program.
(4) Require every teen who is subject to LEAP program 23,299
requirements to enter into a written agreement with the county 23,300
department of human services that provides all of the following: 23,301
(a) The teen, to be eligible to receive the incentive 23,303
payment under division (B)(3) of this section, must attend school 23,304
in accordance with the requirements of the LEAP program; 23,305
(b) The county department will provide the incentive 23,307
payment to the teen if the teen attends school; 23,308
(c) The county department will reduce the aid CASH 23,310
ASSISTANCE payment under Chapter 5107. of the Revised Code THE 23,312
WORK COMPONENT if the teen fails or refuses to attend school in 23,314
accordance with the requirements governing the LEAP program. 23,315
(5) Evaluate the demonstration programs established under 23,317
this section. In conducting the evaluations, the state 23,318
department of human services shall select control groups of teens 23,319
who are otherwise subject to the LEAP program requirements. 23,320
(C) A teen who is participating in the LEAP program shall 23,323
be considered to be participating in the JOBS program established 23,324
under A WORK ACTIVITY FOR THE PURPOSE OF sections 5101.80 5107.40 23,325
to 5101.94 5107.68 of the Revised Code. However, the teen is not 23,326
subject to the requirements or sanctions of the JOBS program 23,328
THOSE SECTIONS, unless the teen is over age eighteen and meets 23,330
556
the LEAP program requirements by participating regularly in 23,331
training or work components of the JOBS program ACTIVITIES, 23,332
DEVELOPMENTAL ACTIVITIES, OR ALTERNATIVE WORK ACTIVITIES UNDER 23,334
THOSE SECTIONS.
Sec. 5107.18 5107.35. (A) To the extent that such a 23,343
program can be established without violating federal requirements 23,345
for state participation in the aid to dependent children program 23,346
established under the "Social Security Act," 49 Stat. 627 (1935), 23,347
42 U.S.C.A. 601, as amended, the AS USED IN THIS SECTION AND IN 23,349
SECTIONS 5107.351 TO 5107.357 OF THE REVISED CODE: 23,350
(1) "CASH ASSISTANCE PAYMENT" MEANS THE MONTHLY AMOUNT AN 23,352
ASSISTANCE GROUP IS ELIGIBLE TO RECEIVE UNDER THE WORK COMPONENT. 23,354
(2) "PARENT" MEANS THE PARENT, LEGAL GUARDIAN, OR 23,356
SPECIFIED RELATIVE WITH CHARGE OR CARE OF A LEARNFARE 23,357
PARTICIPANT.
(3) "PARTICIPATING STUDENT" MEANS A PARTICIPANT OF THE 23,359
WORK COMPONENT WHO IS SUBJECT TO THE SCHOOL ATTENDANCE 23,361
REQUIREMENT OF THE LEARNFARE PROGRAM AS DETERMINED UNDER SECTION
5107.351 OF THE REVISED CODE. 23,362
(B) THE state department of human services shall establish 23,366
the learnfare program in Allen county and another county selected 23,367
by the state department. The Allen county department of human 23,368
services and the. THE BOARD OF COUNTY COMMISSIONERS OF ANY 23,369
COUNTY MAY CHOOSE TO HAVE THE COUNTY PARTICIPATE IN THE LEARNFARE 23,370
PROGRAM. THE county department of human services that 23,371
administers the aid to dependent children program in the other 23,372
county selected by the state department to participate in the 23,373
learnfare program OF EACH PARTICIPATING COUNTY shall administer 23,374
the program in accordance with rules adopted by the state 23,375
department under section 5107.20 5107.13 of the Revised Code. 23,376
(B)(C) The program shall provide for reduction in the CASH 23,379
assistance payment to a learnfare participant's THE assistance 23,380
group OF A PARTICIPATING STUDENT if the participant STUDENT fails 23,381
to comply with the program's school attendance requirement two or 23,383
557
more times during a school year.
(C)(D) The program shall MAY provide for an incentive 23,386
established by rule adopted by the director of human services
under section 5107.20 of the Revised Code to encourage a parent 23,387
or, if the participant A PARTICIPATING STUDENT is age eighteen or 23,389
nineteen, a participant YEARS OF AGE, THE STUDENT to consent to 23,391
the release of the participant's PARTICIPATING STUDENT'S school 23,392
attendance records and the participant PARTICIPATING STUDENT to 23,393
comply with the program's school attendance requirement. 23,395
(D) The state department shall implement the learnfare 23,397
program in Allen county and another county selected by the state 23,398
department at the beginning of the first school year after the 23,399
state department receives a federal waiver for the program. The 23,400
state department shall operate the learnfare program for three 23,401
years. Not later than ninety days after the end of the program, 23,402
the state department of human services shall evaluate the program 23,403
and submit a report of the evaluation to the governor, the 23,404
president of the senate, and the speaker of the house of 23,405
representatives. 23,406
Sec. 5107.19 5107.351. A recipient PARTICIPANT of 23,416
assistance under this chapter THE WORK COMPONENT who is enrolled 23,418
in a school district IN A COUNTY THAT IS participating in the 23,419
learnfare program and is not younger than age six but not older 23,420
than age nineteen shall participate in the learnfare program 23,421
unless one of the following is the case: 23,422
(A) The recipient PARTICIPANT is not yet eligible for 23,424
enrollment in first grade; 23,426
(B) The recipient PARTICIPANT is subject to the LEAP 23,428
program under section 5107.30 5107.33 of the Revised Code; 23,430
(C) The recipient PARTICIPANT has received one of the 23,432
following: 23,433
(1) A high school diploma; 23,435
(2) A certificate stating that he THE PARTICIPANT has 23,437
achieved the equivalent of a high school education as measured by 23,439
558
scores obtained on the tests of general educational development 23,440
as published by the American council on education;. 23,441
(D) The recipient PARTICIPANT has been excused from school 23,443
attendance pursuant to section 3321.04 of the Revised Code; 23,445
(E) If child care services for a member of the recipient's 23,447
PARTICIPANT'S household are necessary for the recipient 23,448
PARTICIPANT to attend school, child care licensed or certified 23,450
under Chapter 5104. of the Revised Code OR UNDER SECTIONS 3301.52 23,451
TO 3301.59 OF THE REVISED CODE and transportation to and from the 23,452
child care are not available; 23,453
(F) The recipient PARTICIPANT has been adjudicated a 23,455
delinquent or unruly child pursuant to section 2151.28 of the 23,457
Revised Code.
Sec. 5107.21 5107.352. The first time during a school year 23,466
that a learnfare participant PARTICIPATING STUDENT fails to 23,468
comply with the LEARNFARE program's school attendance 23,470
requirement, the county department of human services shall send 23,471
the parent a notice warning that, if the participant STUDENT 23,472
fails a second or subsequent time in the school year to comply 23,473
with the school attendance requirement, the assistance group's 23,474
CASH assistance payment for the second month following report of 23,475
the failure under section 5107.26 5107.357 of the Revised Code 23,477
will be reduced to the amount the assistance group would be 23,479
eligible to receive if the participant STUDENT was not a member 23,480
of the assistance group. The county department shall send the 23,482
notice not later than the last day of the month that it is 23,483
informed of the first failure to comply. 23,484
If a participant PARTICIPATING STUDENT fails two or more 23,486
times in a school year to comply with the school attendance 23,488
requirement, the county department shall reduce the assistance 23,489
group's CASH assistance payment for the second month following 23,490
report of the failure. The county department shall reduce the 23,492
CASH assistance payment to the amount the assistance group would 23,493
be eligible to receive if the participant PARTICIPATING STUDENT 23,494
559
was not a member of the assistance group. 23,495
Sec. 5107.22 5107.353. The county department of human 23,504
services shall MAY provide the AN incentive established by rule 23,506
adopted by the director of human services under division (B) of 23,508
section 5107.20 of the Revised Code ESTABLISHED BY THE COUNTY 23,509
DEPARTMENT to the participant PARTICIPATING STUDENT or 23,510
participant's STUDENT'S assistance group, whichever is 23,511
appropriate, if the parent or, if the participant STUDENT is age 23,514
eighteen or nineteen YEARS OF AGE, the participant STUDENT, 23,515
consents to the release of the participant's STUDENT'S school 23,516
attendance records and the participant STUDENT complies with the 23,518
school attendance requirement established by rule adopted under 23,519
division (A) of THAT section 5107.20 of the Revised Code. If the 23,520
AN incentive is MAY BE an increased CASH assistance payment, the 23,522
county department shall provide the increase only if the general 23,524
assembly appropriates funds for the increase OR OTHER FORM OF 23,525
INCENTIVE.
Sec. 5107.23 5107.354. The county department of human 23,534
services shall require the parent of each learnfare participant 23,537
PARTICIPATING STUDENT, or, if the participant STUDENT is age 23,538
eighteen or nineteen YEARS OF AGE, the participant STUDENT to 23,539
consent to release of the participant's STUDENT'S school 23,540
attendance records. If the parent or participant PARTICIPATING 23,541
STUDENT refuses to consent, the county department shall reduce 23,543
the assistance group's CASH assistance payment for the month 23,545
immediately following the month of the refusal and each month
thereafter until consent is given. The CASH assistance payment 23,546
shall be reduced to the amount the assistance group would be 23,548
eligible to receive if neither the participant PARTICIPATING 23,549
STUDENT nor the parent were members of the assistance group. 23,550
Sec. 5107.24 5107.355. Notwithstanding a reduction in an A 23,561
CASH assistance payment under section 5107.21 5107.352 or 5107.23 23,562
5107.354 of the Revised Code, all members of the assistance group 23,564
who are otherwise eligible for assistance TO PARTICIPATE IN THE 23,565
560
WORK COMPONENT shall continue to be considered recipients 23,567
PARTICIPANTS of assistance under this chapter and eligible for 23,568
medical assistance under Chapter 5111. of the Revised Code 23,570
COMPONENT.
Sec. 5107.25 5107.356. Communications between the school 23,579
district and the county department of human services concerning 23,581
the learnfare participant's A PARTICIPATING STUDENT'S attendance 23,582
shall be made only through the attendance officers and assistants 23,583
appointed under section 3321.14 or 3321.15 of the Revised Code. 23,584
Sec. 5107.26 5107.357. Not later than the beginning of the 23,593
first school year after the department of human services receives 23,595
a federal waiver to implement the learnfare program, the THE 23,596
state board of education, in consultation with the director of 23,597
human services, shall adopt rules defining "good cause for being 23,598
absent from school" and specifying what constitutes a day of 23,599
attendance for purposes of the learnfare program's school 23,600
attendance requirement. 23,601
Not later than the fifteenth day of each month of a school 23,603
year or another time agreed to by the department of human 23,604
services and state board of education but not later than the 23,605
thirtieth day of each month, each attendance officer or assistant 23,606
appointed under section 3321.14 or 3321.15 of the Revised Code 23,607
who oversees the attendance of students enrolled in the school 23,608
districts selected by the state department of human services to 23,609
participate OF A COUNTY THAT IS PARTICIPATING in the learnfare 23,610
program shall report to the appropriate county department of 23,612
human services the previous month's school attendance record of 23,613
each learnfare participant PARTICIPATING STUDENT. The report 23,615
shall specify which if any of the participant's PARTICIPATING 23,616
STUDENT'S absences are excused because the absence meets the 23,617
definition of "good cause for being absent from school." No 23,618
absence for which there is good cause shall be considered in 23,619
determining whether a participant PARTICIPATING STUDENT has 23,620
complied with the learnfare program's school attendance 23,622
561
requirement.
Sec. 5107.40. AS USED IN SECTIONS 5107.40 TO 5107.68 OF 23,624
THE REVISED CODE:
(A) "ALTERNATIVE WORK ACTIVITY" MEANS AN ACTIVITY DESIGNED 23,627
TO PROMOTE SELF SUFFICIENCY AND PERSONAL RESPONSIBILITY 23,628
ESTABLISHED BY A COUNTY DEPARTMENT OF HUMAN SERVICES UNDER 23,629
SECTION 5107.64 OF THE REVISED CODE. 23,630
(B) "DEVELOPMENTAL ACTIVITY" MEANS AN ACTIVITY DESIGNED TO 23,632
PROMOTE SELF SUFFICIENCY AND PERSONAL RESPONSIBILITY ESTABLISHED 23,633
BY A COUNTY DEPARTMENT OF HUMAN SERVICES UNDER SECTION 5107.62 OF 23,635
THE REVISED CODE.
(C) "HIGH SCHOOL EQUIVALENCE DIPLOMA" MEANS A DIPLOMA 23,638
ATTESTING TO ACHIEVEMENT OF THE EQUIVALENT OF A HIGH SCHOOL 23,639
EDUCATION AS MEASURED BY SCORES OBTAINED ON THE TESTS OF GENERAL 23,640
EDUCATIONAL DEVELOPMENT PUBLISHED BY THE AMERICAN COUNCIL ON 23,642
EDUCATION. "HIGH SCHOOL EQUIVALENCE DIPLOMA" INCLUDES A 23,643
CERTIFICATE OF HIGH SCHOOL EQUIVALENCE ISSUED PRIOR TO JANUARY 1, 23,644
1994, ATTESTING TO THE ACHIEVEMENT OF THE EQUIVALENT OF A HIGH 23,645
SCHOOL EDUCATION AS MEASURED BY SCORES OBTAINED ON TESTS OF 23,646
GENERAL EDUCATIONAL DEVELOPMENT. 23,647
(D) "WORK ACTIVITY" MEANS THE FOLLOWING: 23,650
(1) UNSUBSIDIZED EMPLOYMENT ACTIVITIES ESTABLISHED UNDER 23,652
SECTION 5107.60 OF THE REVISED CODE; 23,654
(2) THE SUBSIDIZED EMPLOYMENT PROGRAM ESTABLISHED UNDER 23,656
SECTION 5107.52 OF THE REVISED CODE; 23,658
(3) THE WORK EXPERIENCE PROGRAM ESTABLISHED UNDER SECTION 23,660
5107.54 OF THE REVISED CODE; 23,662
(4) ON-THE-JOB TRAINING ACTIVITIES ESTABLISHED UNDER 23,664
SECTION 5107.60 OF THE REVISED CODE; 23,666
(5) THE JOB SEARCH AND READINESS PROGRAM ESTABLISHED UNDER 23,669
SECTION 5107.50 OF THE REVISED CODE; 23,671
(6) COMMUNITY SERVICE ACTIVITIES ESTABLISHED UNDER SECTION 23,674
5107.60 OF THE REVISED CODE; 23,675
(7) VOCATIONAL EDUCATIONAL TRAINING ACTIVITIES ESTABLISHED 23,678
562
UNDER SECTION 5107.60 OF THE REVISED CODE; 23,680
(8) JOBS SKILLS TRAINING ACTIVITIES ESTABLISHED UNDER 23,682
SECTION 5107.60 OF THE REVISED CODE THAT ARE DIRECTLY RELATED TO 23,685
EMPLOYMENT;
(9) EDUCATION ACTIVITIES ESTABLISHED UNDER SECTION 5107.60 23,688
OF THE REVISED CODE THAT ARE DIRECTLY RELATED TO EMPLOYMENT FOR 23,690
PARTICIPANTS OF THE WORK COMPONENT WHO HAVE NOT EARNED A HIGH 23,691
SCHOOL DIPLOMA OR HIGH SCHOOL EQUIVALENCE DIPLOMA; 23,692
(10) EDUCATION ACTIVITIES ESTABLISHED UNDER SECTION 23,694
5107.60 OF THE REVISED CODE FOR PARTICIPANTS OF THE WORK 23,697
COMPONENT WHO HAVE NOT COMPLETED SECONDARY SCHOOL OR RECEIVED A 23,698
HIGH SCHOOL EQUIVALENCE DIPLOMA UNDER WHICH THE PARTICIPANTS 23,699
ATTEND A SECONDARY SCHOOL OR A COURSE OF STUDY LEADING TO A HIGH 23,700
SCHOOL EQUIVALENCE DIPLOMA;
(11) CHILD-CARE SERVICE ACTIVITIES, INCLUDING TRAINING, 23,702
ESTABLISHED UNDER SECTION 5107.60 OF THE REVISED CODE TO AID 23,703
ANOTHER PARTICIPANT OF THE WORK COMPONENT ASSIGNED TO A COMMUNITY 23,704
SERVICE ACTIVITY OR OTHER WORK ACTIVITY; 23,705
(12) EDUCATIONAL ACTIVITIES ESTABLISHED UNDER SECTION 23,707
5107.58 OF THE REVISED CODE THAT ARE OPERATED PURSUANT TO A 23,710
FEDERAL WAIVER GRANTED BY THE UNITED STATES SECRETARY OF HEALTH 23,712
AND HUMAN SERVICES PURSUANT TO A REQUEST MADE UNDER FORMER 23,713
SECTION 5101.09 OF THE REVISED CODE; 23,715
(13) EXCEPT AS LIMITED BY DIVISION (C) OF SECTION 5107.33 23,718
OF THE REVISED CODE, THE LEAP PROGRAM ESTABLISHED UNDER THAT 23,722
SECTION.
Sec. 5107.41. AS SOON AS POSSIBLE, BUT NOT LATER THAN FIVE 23,725
BUSINESS DAYS AFTER AN ASSISTANCE GROUP SUBMITS AN APPLICATION TO 23,726
PARTICIPATE IN THE WORK COMPONENT, THE COUNTY DEPARTMENT OF HUMAN 23,727
SERVICES THAT RECEIVES THE APPLICATION SHALL SCHEDULE AND CONDUCT 23,728
A WORK APPRAISAL OF EACH MEMBER OF THE ASSISTANCE GROUP WHO IS AN 23,729
ADULT OR MINOR HEAD OF HOUSEHOLD. AT THE WORK APPRAISAL, THE 23,730
COUNTY DEPARTMENT SHALL DEVELOP WITH THE ADULT OR MINOR HEAD OF 23,731
HOUSEHOLD A PLAN FOR THE ASSISTANCE GROUP TO ACHIEVE THE GOAL OF 23,732
563
SELF SUFFICIENCY AND PERSONAL RESPONSIBILITY THROUGH UNSUBSIDIZED 23,733
EMPLOYMENT WITHIN THE TIME LIMIT FOR PARTICIPATING IN THE WORK 23,734
COMPONENT ESTABLISHED BY SECTION 5107.23 OF THE REVISED CODE. 23,736
THE PLAN SHALL INCLUDE ASSIGNMENTS TO ONE OR MORE WORK 23,737
ACTIVITIES, DEVELOPMENTAL ACTIVITIES, OR ALTERNATIVE WORK 23,738
ACTIVITIES IN ACCORDANCE WITH SECTION 5107.42 OF THE REVISED 23,740
CODE. THE COUNTY DEPARTMENT SHALL INCLUDE THE PLAN IN THE 23,741
SELF-SUFFICIENCY CONTRACT ENTERED INTO UNDER SECTION 5107.20 OF 23,742
THE REVISED CODE. 23,744
THE COUNTY DEPARTMENT SHALL CONDUCT MORE WORK APPRAISALS OF 23,747
THE ADULT OR MINOR HEAD OF HOUSEHOLD AT TIMES THE COUNTY
DEPARTMENT DETERMINES. 23,748
IF AN ADULT OR MINOR HEAD OF HOUSEHOLD CLAIMS TO HAVE A 23,750
MEDICALLY DETERMINABLE PHYSIOLOGICAL OR PSYCHOLOGICAL IMPAIRMENT, 23,752
ILLNESS, OR DISABILITY, THE COUNTY DEPARTMENT MAY REQUIRE THAT 23,753
THE ADULT OR MINOR HEAD OF HOUSEHOLD UNDERGO AN INDEPENDENT 23,754
MEDICAL OR PSYCHOLOGICAL EXAMINATION AT A TIME AND PLACE 23,755
REASONABLY CONVENIENT TO THE ADULT OR MINOR HEAD OF HOUSEHOLD. 23,756
Sec. 5107.42. COUNTY DEPARTMENTS OF HUMAN SERVICES SHALL 23,758
ASSIGN EACH MINOR HEAD OF HOUSEHOLD AND ADULT PARTICIPATING IN 23,759
THE WORK COMPONENT TO ONE OR MORE WORK ACTIVITIES OR 23,760
DEVELOPMENTAL ACTIVITIES UNLESS A COUNTY DEPARTMENT DETERMINES 23,761
THAT THE MINOR HEAD OF HOUSEHOLD OR ADULT HAS A TEMPORARY OR 23,762
PERMANENT BARRIER TO PARTICIPATING IN A WORK ACTIVITY. IF A 23,763
COUNTY DEPARTMENT DETERMINES THAT A MINOR HEAD OF HOUSEHOLD OR 23,764
ADULT HAS SUCH A BARRIER, IT SHALL ASSIGN THE MINOR HEAD OF 23,765
HOUSEHOLD OR ADULT TO ONE OR MORE ALTERNATIVE WORK ACTIVITIES. A 23,767
COUNTY DEPARTMENT MAY NOT ASSIGN MORE THAN TWENTY PER CENT OF
MINOR HEADS OF HOUSEHOLD AND ADULTS PARTICIPATING IN THE WORK 23,768
COMPONENT TO AN ALTERNATIVE WORK ACTIVITY. 23,769
IF A COUNTY DEPARTMENT ASSIGNS A MINOR HEAD OF HOUSEHOLD OR 23,772
ADULT TO THE WORK ACTIVITY SPECIFIED IN DIVISION (D)(11) OF 23,773
SECTION 5107.40 OF THE REVISED CODE, THE COUNTY DEPARTMENT SHALL 23,776
MAKE REASONABLE EFFORTS TO ASSIGN THE MINOR HEAD OF HOUSEHOLD OR 23,777
564
ADULT TO AT LEAST ONE OTHER WORK ACTIVITY AT THE SAME TIME. IF A 23,778
COUNTY DEPARTMENT ASSIGNS A MINOR HEAD OF HOUSEHOLD OR ADULT TO 23,779
THE WORK ACTIVITY SPECIFIED IN DIVISION (D)(12) OF SECTION 23,780
5107.40 OF THE REVISED CODE, THE COUNTY DEPARTMENT SHALL ASSIGN 23,783
THE MINOR HEAD OF HOUSEHOLD OR ADULT TO AT LEAST ONE OTHER WORK 23,784
ACTIVITY AT THE SAME TIME. A COUNTY DEPARTMENT SHALL COMPLY WITH 23,785
RULES ADOPTED UNDER SECTION 5107.13 OF THE REVISED CODE WHEN
ASSIGNING A MINOR HEAD OF HOUSEHOLD OR ADULT TO THE WORK 23,786
ACTIVITIES SPECIFIED IN DIVISIONS (D)(7) AND (12) OF SECTION 23,787
5107.40 OF THE REVISED CODE.
A COUNTY DEPARTMENT MAY REASSIGN A MINOR HEAD OF HOUSEHOLD 23,789
OR ADULT WHEN THE COUNTY DEPARTMENT DETERMINES REASSIGNMENT WILL 23,790
AID THE ASSISTANCE GROUP IN ACHIEVING SELF SUFFICIENCY AND 23,791
PERSONAL RESPONSIBILITY AND SHALL MAKE REASSIGNMENTS WHEN 23,792
CIRCUMSTANCES REQUIRING REASSIGNMENT OCCUR, INCLUDING WHEN A 23,793
TEMPORARY BARRIER TO PARTICIPATING IN A WORK ACTIVITY IS 23,794
ELIMINATED. 23,795
A COUNTY DEPARTMENT SHALL INCLUDE ASSIGNMENTS IN THE 23,797
SELF-SUFFICIENCY CONTRACT ENTERED INTO UNDER SECTION 5107.20 OF 23,798
THE REVISED CODE AND SHALL AMEND THE CONTRACT WHEN A REASSIGNMENT 23,801
IS MADE TO INCLUDE THE REASSIGNMENT IN THE CONTRACT. 23,802
COUNTY DEPARTMENTS SHALL ESTABLISH STANDARDS FOR 23,804
DETERMINING WHETHER A MINOR HEAD OF HOUSEHOLD OR ADULT HAS A 23,805
TEMPORARY OR PERMANENT BARRIER TO PARTICIPATING IN A WORK 23,806
ACTIVITY. THE FOLLOWING ARE EXAMPLES OF CIRCUMSTANCES THAT A 23,807
COUNTY DEPARTMENT MAY CONSIDER WHEN IT DEVELOPS ITS STANDARDS: 23,809
(A) A MINOR HEAD OF HOUSEHOLD OR ADULT PROVIDES THE COUNTY 23,812
DEPARTMENT DOCUMENTED EVIDENCE THAT ONE OR MORE MEMBERS OF THE 23,813
ASSISTANCE GROUP HAVE BEEN THE VICTIM OF DOMESTIC VIOLENCE AND 23,814
ARE IN IMMINENT DANGER OF SUFFERING CONTINUED DOMESTIC VIOLENCE; 23,815
(B) A MINOR HEAD OF HOUSEHOLD OR ADULT IS ACTIVELY 23,818
PARTICIPATING IN AN ALCOHOL OR DRUG ADDICTION PROGRAM CERTIFIED 23,819
BY THE DEPARTMENT OF ALCOHOL AND DRUG ADDICTION SERVICES UNDER 23,820
SECTION 3793.06 OF THE REVISED CODE; 23,822
565
(C) AN ASSISTANCE GROUP IS HOMELESS. 23,825
Sec. 5107.43. (A) AFTER A MINOR HEAD OF HOUSEHOLD OR 23,828
ADULT IS ASSIGNED TO A WORK ACTIVITY, DEVELOPMENTAL ACTIVITY, OR 23,829
ALTERNATIVE WORK ACTIVITY UNDER SECTION 5107.42 OF THE REVISED 23,832
CODE, A COUNTY DEPARTMENT OF HUMAN SERVICES SHALL PLACE THE MINOR 23,833
HEAD OF HOUSEHOLD OR ADULT IN THE ASSIGNED ACTIVITY AS SOON AS 23,834
THE ACTIVITY BECOMES AVAILABLE. 23,835
(B)(1) A MINOR HEAD OF HOUSEHOLD OR ADULT PLACED IN ONE OR 23,838
MORE WORK ACTIVITIES OR DEVELOPMENTAL ACTIVITIES SHALL 23,839
PARTICIPATE IN THE ACTIVITIES AT LEAST THE FOLLOWING NUMBER OF 23,840
HOURS EACH WEEK AS DETERMINED BY THE COUNTY DEPARTMENT: 23,841
(a) IN THE CASE OF A MINOR HEAD OF HOUSEHOLD OR ADULT IN 23,844
AN ASSISTANCE GROUP THAT INCLUDES ONLY ONE ADULT, THIRTY HOURS; 23,845
(b) IN THE CASE OF ADULTS IN AN ASSISTANCE GROUP THAT 23,848
INCLUDES TWO ADULTS, THIRTY-FIVE HOURS BETWEEN THE TWO ADULTS. 23,849
(2) OF THE HOURS SPECIFIED IN DIVISION (B)(1) OF THIS 23,852
SECTION, A MINOR HEAD OF HOUSEHOLD OR ADULT SHALL PARTICIPATE IN 23,853
ONE OR MORE WORK ACTIVITIES AT LEAST TWENTY HOURS A WEEK, OF 23,854
WHICH UP TO FIVE MAY BE IN AN EDUCATION PROGRAM DESIGNATED AS A 23,855
WORK ACTIVITY UNDER DIVISION (B) OF SECTION 5107.58 OF THE 23,858
REVISED CODE. THE MINOR HEAD OF HOUSEHOLD OR ADULT MAY 23,860
PARTICIPATE IN ONE OR MORE DEVELOPMENTAL ACTIVITIES FOR UP TO TEN 23,861
HOURS A WEEK, INCLUDING A DEVELOPMENTAL ACTIVITY THAT IS 23,863
IDENTICAL TO AN EDUCATION PROGRAM DESIGNATED AS A WORK ACTIVITY 23,864
UNDER DIVISION (B) OF SECTION 5107.58 OF THE REVISED CODE. 23,867
(3) IF A MINOR HEAD OF HOUSEHOLD OR ADULT AND COUNTY 23,869
DEPARTMENT AGREE, THE MINOR HEAD OF HOUSEHOLD OR ADULT MAY 23,870
VOLUNTEER TO PARTICIPATE IN WORK ACTIVITIES AND DEVELOPMENTAL 23,871
ACTIVITIES FOR MORE THAN THE NUMBER OF WEEKLY HOURS THE COUNTY 23,872
DEPARTMENT DETERMINES UNDER DIVISION (B)(1) OF THIS SECTION. 23,873
(C) A MINOR HEAD OF HOUSEHOLD OR ADULT PLACED IN ONE OR 23,876
MORE ALTERNATIVE WORK ACTIVITIES SHALL PARTICIPATE IN THE 23,877
ACTIVITIES A NUMBER OF HOURS EACH WEEK A COUNTY DEPARTMENT 23,878
DETERMINES.
566
Sec. 5107.44. THE STATE DEPARTMENT OF HUMAN SERVICES SHALL 23,881
ENSURE THAT COUNTY DEPARTMENTS OF HUMAN SERVICES EXCEED THE 23,882
FEDERAL MINIMUM WORK ACTIVITY PARTICIPATION RATES ESTABLISHED BY 23,883
SECTION 407(a) OF TITLE IV-A, 42 U.S.C.A. 607(a), BY NOT LESS 23,888
THAN FIVE PERCENTAGE POINTS. 23,889
Sec. 5107.50. THERE IS HEREBY ESTABLISHED, AS A WORK 23,891
ACTIVITY UNDER THE WORK COMPONENT, THE JOB SEARCH AND READINESS 23,892
PROGRAM UNDER WHICH APPLICANTS FOR AND PARTICIPANTS OF THE WORK 23,893
COMPONENT ARE TRAINED IN STRATEGIES AND SKILLS IN OBTAINING 23,894
EMPLOYMENT AND ENGAGE IN SELF-DIRECTED, JOB SEARCH ACTIVITIES. 23,895
COUNTY DEPARTMENTS OF HUMAN SERVICES SHALL DEVELOP AND ADMINISTER 23,897
THE PROGRAM AND MAY UTILIZE THE SERVICES OF PRIVATE OR GOVERNMENT 23,898
ENTITIES UNDER CONTRACT WITH THE COUNTY DEPARTMENT OR THE STATE 23,899
DEPARTMENT OF HUMAN SERVICES IN OPERATING THE PROGRAM. 23,900
A COUNTY DEPARTMENT MAY ASSIGN A MINOR HEAD OF HOUSEHOLD OR 23,903
ADULT APPLYING FOR THE WORK COMPONENT TO THE JOB SEARCH AND
READINESS PROGRAM BEFORE THE APPLICANT'S ELIGIBILITY FOR THE WORK 23,905
COMPONENT IS DETERMINED.
AN APPLICANT OR PARTICIPANT ASSIGNED TO THE JOB SEARCH AND 23,907
READINESS PROGRAM MAY NOT PARTICIPATE IN THE PROGRAM FOR MORE 23,908
THAN SIX WEEKS, UNLESS THE UNEMPLOYMENT RATE OF THE STATE IS AT 23,909
LEAST FIFTY PER CENT GREATER THAN THE UNEMPLOYMENT RATE OF THE 23,911
UNITED STATES, IN WHICH CASE THE APPLICANT OR PARTICIPANT MAY 23,913
PARTICIPATE IN THE PROGRAM NOT MORE THAN TWELVE WEEKS. AN 23,914
APPLICANT OR PARTICIPANT MAY NOT PARTICIPATE IN THE PROGRAM MORE 23,915
THAN FOUR CONSECUTIVE WEEKS. FOR ONE TIME ONLY PER APPLICANT OR 23,916
PARTICIPANT, A COUNTY DEPARTMENT SHALL CONSIDER THE APPLICANT OR 23,917
PARTICIPANT TO HAVE PARTICIPATED IN THE PROGRAM ONE WEEK AFTER 23,918
THE APPLICANT OR PARTICIPANT PARTICIPATES FOR THREE OR FOUR, AS 23,919
SPECIFIED BY THE COUNTY DEPARTMENT, DAYS DURING THE WEEK. 23,920
Sec. 5101.82 5107.52. (A) There is hereby established, as 23,928
a component of WORK ACTIVITY UNDER the JOBS program WORK 23,930
COMPONENT, the subsidized employment program, under which private 23,931
and public GOVERNMENT employers shall receive payments from 23,933
567
appropriations to the department of human services for a portion 23,934
of the costs of salaries, wages, and benefits such employers pay 23,935
to or on behalf of employees who are employable recipients 23,936
PARTICIPANTS of aid to dependent children THE SUBSIDIZED 23,938
EMPLOYMENT PROGRAM at the time of employment. 23,939
(B) The director of human services shall MAY redetermine 23,941
rates of payments to employers under this section annually on the 23,942
first day of July. 23,943
(C) Employable recipients A STATE AGENCY OR POLITICAL 23,946
SUBDIVISION MAY CREATE OR FILL VACANT FULL-TIME AND PART-TIME 23,947
POSITIONS, INCLUDING CLASSIFIED AND UNCLASSIFIED POSITIONS FOR 23,948
THOSE POSITIONS THAT ARE INCLUDED IN THE CIVIL SERVICE UNDER 23,949
CHAPTER 124. OF THE REVISED CODE, FOR OR WITH PARTICIPANTS OF THE 23,951
SUBSIDIZED EMPLOYMENT PROGRAM. THE DEPARTMENT SHALL SPECIFY IN 23,952
RULES ADOPTED UNDER SECTION 5107.13 OF THE REVISED CODE THE 23,954
MAXIMUM AMOUNT OF TIME THE DEPARTMENT WILL SUBSIDIZE THE 23,955
POSITIONS. AFTER THE SUBSIDY EXPIRES, THE AGENCY OR SUBDIVISION 23,956
MAY HIRE THE PARTICIPANT FOR AN UNCLASSIFIED POSITION OR AS A 23,957
PROVISIONAL EMPLOYEE IN THE CLASSIFIED CIVIL SERVICE, IF THE 23,958
POSITION IS IN THE CLASSIFIED CIVIL SERVICE, AND THE PARTICIPANT 23,959
SHALL BECOME CERTIFIED IN THE SAME MANNER AS OTHER PROVISIONAL 23,960
EMPLOYEES. THE DIRECTOR OF ADMINISTRATIVE SERVICES MAY ADOPT 23,961
RULES IN ACCORDANCE WITH CHAPTER 119. OF THE REVISED CODE 23,964
GOVERNING THIS DIVISION.
(D) PARTICIPANTS OF THE SUBSIDIZED EMPLOYMENT PROGRAM for 23,968
whom payments are made under this section: 23,969
(1) Shall be considered regular employees of the employer, 23,971
entitled to the same employment benefits and opportunities for 23,972
advancement and affiliation with employee organizations that are 23,973
available to other regular employees of the employer, and the 23,974
employer shall pay premiums to the bureau of workers' 23,975
compensation on account of employees for whom payments are made; 23,976
(2) Shall be paid at the same rate as other employees 23,978
doing similar work for the employer or the federal minimum hourly 23,979
568
wage, whichever is higher. 23,980
(D) In hiring an employable recipient under the subsidized 23,984
employment program, an employer may not remove or discharge, for 23,985
the purpose of substituting the employable recipient in the 23,986
person's place, a person who is already employed as a regular 23,990
full-time or part-time employee of the employer, has been
employed full-time or part-time as a participant of the 23,991
subsidized employment program, is or has been involved in a 23,992
dispute between a labor organization and the employer, has been 23,993
temporarily laid off and is receiving unemployment compensation 23,994
under Chapter 4141. of the Revised Code, or has been temporarily 23,995
laid off and is subject to recall pursuant to a bona fide recall 23,996
list of the employer. No employer shall hire part-time an
employable recipient under the subsidized employment program to 23,998
circumvent hiring a full-time employee. 23,999
(E) The subsidized employment program may include a job 24,001
program to create permanent full-time employment in public 24,002
agencies for employable recipients of aid to dependent children. 24,005
The job program may include: 24,006
(1) Creation of entry-level jobs to reduce waste, fraud, 24,008
and abuse of privileges in the aid to dependent children program; 24,009
(2) Creation of entry-level jobs to enhance child support 24,011
enforcement collections; 24,012
(3) Creation of jobs in county governments, allocated to 24,014
boards of county commissioners on the basis of criteria contained 24,015
in rules adopted by the department of human services that provide 24,016
incentives for counties to spend county moneys more efficiently; 24,017
(4) Jobs in weatherization programs. 24,019
(F) Civil service jobs shall be created to service income 24,022
maintenance caseloads and improve child support enforcement. For 24,024
no more than nine payment months, employable recipients shall be 24,027
trained as income maintenance and child support specialists and 24,028
shall be paid from appropriations to the department of human 24,030
services for the subsidized employment program. An employable 24,031
569
recipient hired under this section shall be paid at a rate 24,033
determined by rule of the department of human services, but in no 24,036
case less than four dollars and fifty cents an hour during the 24,038
employable recipient's period of subsidized employment. After 24,039
the subsidy period, the recipient may be hired as a provisional 24,040
employee. Upon completing six months of unsubsidized employment 24,041
and successfully passing an examination, the provisional employee 24,042
shall become certified.
(G) The director of administrative services may establish 24,044
unclassified positions within state and county agencies and 24,046
general health districts to be filled by employable recipients 24,048
under the subsidized employment program. A recipient shall be 24,049
paid for a period not to exceed nine payment months as specified 24,051
in rules to be adopted by the department of human services. 24,053
After the subsidy period has ended, the recipient may be hired at 24,054
an entry-level classified position in the county agency as a 24,056
provisional employee. This recipient shall stand ahead of any 24,057
other person whose name is on a preferred eligible list for such 24,058
position, except for another provisional employee who has taken 24,059
the test and whose name appears on the list AN AGREEMENT FOR 24,061
EMPLOYMENT OF A SUBSIDIZED EMPLOYMENT PROGRAM PARTICIPANT BY A 24,062
PRIVATE EMPLOYER SHALL REQUIRE THAT THE PARTICIPANT BE GIVEN
PREFERENCE FOR ANY UNSUBSIDIZED FULL-TIME POSITION WITH THE 24,063
EMPLOYER THAT BECOMES AVAILABLE AFTER THE PARTICIPANT COMPLETES 24,064
ANY PROBATIONARY OR TRAINING PERIOD SPECIFIED IN THE AGREEMENT. 24,065
Sec. 5101.83 5107.54. (A) There is hereby established, as 24,074
a component of WORK ACTIVITY UNDER the JOBS program WORK 24,076
COMPONENT, the work experience program under which an employable 24,077
recipient. A PARTICIPANT of aid to dependent children or food 24,079
stamps may be assigned under division (G) of section 5101.81 of 24,081
the Revised Code THE WORK COMPONENT PLACED IN THE PROGRAM SHALL 24,082
RECEIVE WORK EXPERIENCE FROM PRIVATE AND GOVERNMENT ENTITIES. 24,083
Employable recipients PARTICIPANTS OF THE WORK COMPONENT 24,085
assigned to the work experience program are not employees of the 24,087
570
state department of human services or the A county department of 24,088
human services. The operation of the work experience program 24,090
does not constitute the operation of an employment agency by the 24,091
state department of human services or any A county department of 24,092
human services. 24,093
(B) In accordance with rules that the director of human 24,095
services shall adopt under Chapter 119. of the Revised Code, 24,097
county COUNTY departments of human services shall be responsible 24,098
for the development of DEVELOP work projects to which employable 24,100
recipients PARTICIPANTS OF THE WORK COMPONENT are assigned UNDER 24,102
THE WORK EXPERIENCE PROGRAM. WORK PROJECTS MAY INCLUDE
ASSIGNMENTS, INCLUDING UNPAID INTERNSHIPS, WITH PRIVATE AND 24,103
GOVERNMENT ENTITIES. Each county department shall make a list of 24,105
such THE work projects available to the public. When assigning 24,106
employable recipients to work under the work experience program, 24,107
first priority shall be given to placements in a public agency, 24,108
second priority to placements in a private nonprofit 24,109
organization, and third priority to placements in a private
for-profit organization. No work assignments shall be made that 24,111
result in the removal or discharge of a person who is already 24,112
employed as a regular full-time or part-time employee, is or has 24,113
been involved in a dispute between a labor organization and the 24,114
employer, has been temporarily laid off and is receiving 24,115
unemployment compensation under Chapter 4141. of the Revised 24,116
Code, or has been temporarily laid off and is subject to recall 24,117
pursuant to a bona fide recall list of the employer. 24,118
(C)(1) Except as provided under division (C)(2) of this 24,120
section, agencies and organizations to UNLESS A COUNTY DEPARTMENT 24,122
OF HUMAN SERVICES PAYS THE PREMIUMS FOR THE ENTITY, A PRIVATE OR 24,124
GOVERNMENT ENTITY WITH which employable recipients are assigned 24,125
under A PARTICIPANT OF THE WORK COMPONENT IS PLACED IN the work 24,126
experience program shall pay premiums to the bureau of workers' 24,128
compensation on account of such recipients THE PARTICIPANT. 24,129
(2) An agency or organization is not required to pay 24,131
571
premiums to the bureau of workers' compensation under division 24,132
(C)(1) of this section if the department of human services adopts 24,133
a rule requiring the department to pay the premiums for the 24,135
agency or organization. The department may adopt rules in 24,137
accordance with Chapter 119. of the Revised Code requiring the 24,138
department to pay premiums under division (C)(2) of this section. 24,139
Sec. 5107.541. A COUNTY DEPARTMENT OF HUMAN SERVICES MAY 24,141
CONTRACT WITH ANY SCHOOL DISTRICT BOARD OF EDUCATION THAT HAS 24,142
ADOPTED A RESOLUTION UNDER SECTION 3319.089 OF THE REVISED CODE 24,143
TO PROVIDE FOR A PARTICIPANT OF THE WORK EXPERIENCE PROGRAM WHO 24,145
HAS A CHILD ENROLLED IN A PUBLIC ELEMENTARY SCHOOL IN THAT 24,146
DISTRICT TO BE ASSIGNED UNDER THE WORK EXPERIENCE PROGRAM TO 24,147
VOLUNTEER OR WORK FOR COMPENSATION AT THAT PUBLIC SCHOOL. UNLESS 24,149
IT IS NOT POSSIBLE OR PRACTICAL, A CONTRACT SHALL PROVIDE FOR A 24,150
PARTICIPANT TO VOLUNTEER OR WORK AT THE SCHOOL AS A CLASSROOM 24,151
AIDE. IF THAT IS IMPOSSIBLE OR IMPRACTICAL, THE CONTRACT MAY
PROVIDE FOR THE PARTICIPANT TO VOLUNTEER TO WORK IN ANOTHER 24,153
POSITION AT THE SCHOOL. A CONTRACT MAY PROVIDE FOR THE BOARD OF 24,156
EDUCATION TO RECEIVE FUNDING TO PAY FOR COORDINATING, TRAINING, 24,157
AND SUPERVISING PARTICIPANTS VOLUNTEERING OR WORKING AT PUBLIC 24,158
SCHOOLS.
NOTWITHSTANDING SECTION 3319.088 OF THE REVISED CODE, A 24,160
PARTICIPANT VOLUNTEERING OR WORKING AS A CLASSROOM AIDE UNDER 24,161
THIS SECTION IS NOT REQUIRED TO OBTAIN AN EDUCATIONAL AIDE PERMIT 24,163
OR PARAPROFESSIONAL LICENSE. THE PARTICIPANT SHALL NOT BE 24,164
CONSIDERED AN EMPLOYEE OF A POLITICAL SUBDIVISION FOR PURPOSES OF 24,165
CHAPTER 2744. OF THE REVISED CODE AND IS NOT ENTITLED TO ANY 24,167
IMMUNITY OR DEFENSE AVAILABLE UNDER THAT CHAPTER, THE COMMON LAW
OF THIS STATE, OR SECTION 9.86 OF THE REVISED CODE. 24,168
AN ASSIGNMENT UNDER THIS SECTION SHALL INCLUDE ATTENDING 24,171
ACADEMIC HOME ENRICHMENT CLASSES THAT PROVIDE INSTRUCTION FOR
PARENTS IN CREATING A HOME ENVIRONMENT THAT PREPARES AND ENABLES 24,172
CHILDREN TO LEARN AT SCHOOL. 24,173
Sec. 5107.58. IN ACCORDANCE WITH A FEDERAL WAIVER GRANTED 24,176
572
BY THE UNITED STATES SECRETARY OF HEALTH AND HUMAN SERVICES 24,177
PURSUANT TO A REQUEST MADE UNDER FORMER SECTION 5101.09 OF THE 24,178
REVISED CODE, COUNTY DEPARTMENTS OF HUMAN SERVICES MAY ESTABLISH 24,179
AND ADMINISTER THE FOLLOWING WORK ACTIVITIES FOR MINOR HEADS OF 24,180
HOUSEHOLDS AND ADULTS PARTICIPATING IN THE WORK COMPONENT: 24,181
(A) AN EDUCATION PROGRAM UNDER WHICH THE PARTICIPANT 24,183
ATTENDS A SCHOOL, SPECIAL EDUCATION PROGRAM, OR ADULT HIGH SCHOOL 24,185
CONTINUATION PROGRAM THAT CONFORMS TO THE MINIMUM STANDARDS 24,186
PRESCRIBED BY THE STATE BOARD OF EDUCATION OR INSTRUCTIONAL 24,187
COURSES DESIGNED TO PREPARE THE PARTICIPANT TO EARN A HIGH SCHOOL 24,188
EQUIVALENCE DIPLOMA. A PARTICIPANT ASSIGNED TO THE PROGRAM IS 24,189
REQUIRED TO EARN A HIGH SCHOOL DIPLOMA, ADULT EDUCATION DIPLOMA, 24,190
OR HIGH SCHOOL EQUIVALENCE DIPLOMA NOT LATER THAN TWO YEARS AFTER 24,191
THE DATE THE PARTICIPANT BEGINS PARTICIPATION IN THE PROGRAM. 24,192
(B) AN EDUCATION PROGRAM UNDER WHICH THE PARTICIPANT IS 24,195
ENROLLED IN POST-SECONDARY EDUCATION LEADING TO VOCATION AT A 24,197
STATE INSTITUTION OF HIGHER EDUCATION, AS DEFINED IN SECTION
3345.031 OF THE REVISED CODE; A PRIVATE NONPROFIT COLLEGE OR 24,199
UNIVERSITY THAT POSSESSES A CERTIFICATE OF AUTHORIZATION ISSUED 24,200
BY THE OHIO BOARD OF REGENTS PURSUANT TO CHAPTER 1713. OF THE 24,203
REVISED CODE, OR IS EXEMPTED BY DIVISION (E) OF SECTION 1713.02 24,205
OF THE REVISED CODE FROM THE REQUIREMENT OF A CERTIFICATE; A 24,206
SCHOOL THAT HOLDS A CERTIFICATE OF REGISTRATION AND PROGRAM 24,207
AUTHORIZATION ISSUED BY THE STATE BOARD OF PROPRIETARY SCHOOL 24,208
REGISTRATION UNDER CHAPTER 3332. OF THE REVISED CODE; OR A SCHOOL 24,211
THAT HAS ENTERED INTO A CONTRACT WITH THE COUNTY DEPARTMENT OF
HUMAN SERVICES. THE PARTICIPANT SHALL MAKE REASONABLE EFFORTS, 24,213
AS DETERMINED BY THE COUNTY DEPARTMENT, TO OBTAIN A LOAN, 24,214
SCHOLARSHIP, GRANT, OR OTHER ASSISTANCE TO PAY FOR THE TUITION, 24,216
INCLUDING A FEDERAL PELL GRANT UNDER 20 U.S.C.A. 1070a AND AN 24,220
OHIO INSTRUCTIONAL GRANT UNDER SECTION 3333.12 OF THE REVISED 24,221
CODE, BEFORE THE PROGRAM MAY PAY FOR THE PARTICIPANT'S TUITION. 24,222
THE PROGRAM MAY NOT PAY FOR THE PARTICIPANT'S TUITION FOR MORE 24,224
THAN TWO YEARS. IF THE PARTICIPANT, PURSUANT TO DIVISION (B)(3) 24,225
573
OF SECTION 5107.43 OF THE REVISED CODE, VOLUNTEERS TO PARTICIPATE 24,227
IN THE EDUCATION PROGRAM FOR MORE HOURS EACH WEEK THAN THE 24,228
PARTICIPANT IS ASSIGNED TO THE PROGRAM, THE PROGRAM MAY PAY THE 24,229
COST OF THE TUITION FOR THE ADDITIONAL VOLUNTARY HOURS AS WELL AS 24,231
THE COST OF THE TUITION FOR THE ASSIGNED NUMBER OF HOURS. THE 24,232
PARTICIPANT MAY RECEIVE, FOR NOT MORE THAN THREE YEARS, SUPPORT 24,233
SERVICES, INCLUDING PUBLICLY FUNDED CHILD DAY-CARE UNDER CHAPTER 24,234
5104. OF THE REVISED CODE AND TRANSPORTATION, THAT THE 24,235
PARTICIPANT NEEDS TO PARTICIPATE IN THE PROGRAM. TO RECEIVE
SUPPORT SERVICES IN THE THIRD YEAR, THE PARTICIPANT MUST BE, AS 24,236
DETERMINED BY THE EDUCATIONAL INSTITUTION IN WHICH THE 24,237
PARTICIPANT IS ENROLLED, ATTENDING THE INSTITUTION FULL OR PART 24,238
TIME AND IN GOOD STANDING WITH THE INSTITUTION. 24,239
Sec. 5107.60. IN ACCORDANCE WITH TITLE IV-A, FEDERAL 24,244
REGULATIONS, STATE LAW, AND THE OHIO WORKS FIRST PLAN PREPARED 24,245
UNDER SECTION 5107.10 OF THE REVISED CODE, COUNTY DEPARTMENTS OF 24,248
HUMAN SERVICES SHALL ESTABLISH AND ADMINISTER THE FOLLOWING WORK 24,249
ACTIVITIES, IN ADDITION TO THE WORK ACTIVITIES ESTABLISHED UNDER 24,250
SECTIONS 5107.50, 5107.52, 5107.54, AND 5107.58 OF THE REVISED 24,253
CODE, FOR MINOR HEADS OF HOUSEHOLDS AND ADULTS PARTICIPATING IN 24,254
THE WORK COMPONENT: 24,255
(A) UNSUBSIDIZED EMPLOYMENT ACTIVITIES, INCLUDING 24,258
ACTIVITIES A COUNTY DEPARTMENT DETERMINES ARE LEGITIMATE 24,259
ENTREPRENEURIAL ACTIVITIES;
(B) ON-THE-JOB TRAINING ACTIVITIES, INCLUDING TRAINING TO 24,262
BECOME AN EMPLOYEE OF A CHILD DAY-CARE CENTER OR TYPE A FAMILY 24,264
DAY-CARE HOME, AUTHORIZED PROVIDER OF A CERTIFIED TYPE B FAMILY 24,265
DAY-CARE HOME, OR IN-HOME AIDE; 24,266
(C) COMMUNITY SERVICE ACTIVITIES. A COUNTY DEPARTMENT MAY 24,269
ESTABLISH AS A COMMUNITY SERVICE ACTIVITY A PROGRAM UNDER WHICH A 24,270
PARTICIPANT OF THE WORK COMPONENT WHO IS THE PARENT, LEGAL 24,271
GUARDIAN, OR SPECIFIED RELATIVE RESPONSIBLE FOR THE CARE OF A
MINOR CHILD ENROLLED IN GRADE TWELVE OR LOWER IS INVOLVED IN THE 24,272
MINOR CHILD'S EDUCATION ON A REGULAR BASIS. 24,273
574
(D) VOCATIONAL EDUCATIONAL TRAINING ACTIVITIES, INCLUDING 24,276
SECONDARY AND POST-SECONDARY EDUCATION LEADING TO A VOCATION; 24,277
(E) JOBS SKILLS TRAINING ACTIVITIES THAT ARE DIRECTLY 24,280
RELATED TO EMPLOYMENT;
(F) EDUCATION ACTIVITIES THAT ARE DIRECTLY RELATED TO 24,283
EMPLOYMENT FOR PARTICIPANTS WHO HAVE NOT EARNED A HIGH SCHOOL 24,284
DIPLOMA OR HIGH SCHOOL EQUIVALENCE DIPLOMA; 24,285
(G) EDUCATION ACTIVITIES FOR PARTICIPANTS WHO HAVE NOT 24,288
COMPLETED SECONDARY SCHOOL OR RECEIVED A HIGH SCHOOL EQUIVALENCE 24,289
DIPLOMA UNDER WHICH THE PARTICIPANTS ATTEND A SECONDARY SCHOOL OR 24,290
A COURSE OF STUDY LEADING TO A HIGH SCHOOL EQUIVALENCE DIPLOMA; 24,291
(H) CHILD-CARE SERVICE ACTIVITIES AIDING ANOTHER 24,294
PARTICIPANT ASSIGNED TO A COMMUNITY SERVICE ACTIVITY OR OTHER 24,295
WORK ACTIVITY. A COUNTY DEPARTMENT MAY PROVIDE FOR A PARTICIPANT 24,297
ASSIGNED TO THIS WORK ACTIVITY TO RECEIVE TRAINING NECESSARY TO
PROVIDE CHILD-CARE SERVICES. 24,298
Sec. 5107.62. COUNTY DEPARTMENTS OF HUMAN SERVICES SHALL 24,300
ESTABLISH AND ADMINISTER DEVELOPMENTAL ACTIVITIES FOR MINOR HEADS 24,302
OF HOUSEHOLDS AND ADULTS PARTICIPATING IN THE WORK COMPONENT. IN 24,303
ESTABLISHING DEVELOPMENTAL ACTIVITIES, COUNTY DEPARTMENTS ARE NOT 24,304
LIMITED BY THE RESTRICTIONS THAT TITLE IV-A IMPOSES ON WORK 24,307
ACTIVITIES. DEVELOPMENTAL ACTIVITIES MAY BE IDENTICAL OR SIMILAR 24,308
TO, OR DIFFERENT FROM, WORK ACTIVITIES AND ALTERNATIVE WORK 24,309
ACTIVITIES.
Sec. 5107.64. COUNTY DEPARTMENTS OF HUMAN SERVICES SHALL 24,311
ESTABLISH AND DEVELOP ALTERNATIVE WORK ACTIVITIES FOR MINOR HEADS 24,313
OF HOUSEHOLDS AND ADULTS PARTICIPATING IN THE WORK COMPONENT. IN 24,314
ESTABLISHING ALTERNATIVE WORK ACTIVITIES, COUNTY DEPARTMENTS ARE 24,315
NOT LIMITED BY THE RESTRICTIONS TITLE IV-A IMPOSES ON WORK 24,318
ACTIVITIES. THE FOLLOWING ARE EXAMPLES OF ALTERNATIVE WORK 24,319
ACTIVITIES THAT A COUNTY DEPARTMENT MAY ESTABLISH: 24,320
(A) PARENTING CLASSES AND LIFE-SKILLS TRAINING; 24,323
(B) PARTICIPATION IN AN ALCOHOL OR DRUG ADDICTION PROGRAM 24,326
CERTIFIED BY THE DEPARTMENT OF ALCOHOL AND DRUG ADDICTION 24,327
575
SERVICES UNDER SECTION 3793.06 OF THE REVISED CODE; 24,329
(C) IN THE CASE OF A HOMELESS ASSISTANCE GROUP, FINDING A 24,332
HOME;
(D) IN THE CASE OF A MINOR HEAD OF HOUSEHOLD OR ADULT WITH 24,335
A DISABILITY, ACTIVE WORK IN AN INDIVIDUAL WRITTEN REHABILITATION 24,336
PLAN WITH THE REHABILITATION SERVICES COMMISSION; 24,337
(E) IN THE CASE OF A MINOR HEAD OF HOUSEHOLD OR ADULT WHO 24,340
HAS BEEN THE VICTIM OF DOMESTIC VIOLENCE, RESIDING IN A DOMESTIC 24,341
VIOLENCE SHELTER, RECEIVING COUNSELING OR TREATMENT RELATED TO 24,342
THE DOMESTIC VIOLENCE, OR PARTICIPATING IN CRIMINAL JUSTICE 24,343
ACTIVITIES AGAINST THE DOMESTIC VIOLENCE OFFENDER; 24,344
(F) AN EDUCATION PROGRAM UNDER WHICH A PARTICIPANT WHO 24,346
DOES NOT SPEAK ENGLISH ATTENDS ENGLISH AS A SECOND LANGUAGE 24,347
COURSE.
Sec. 5107.65. (A)(1) NO PARTICIPANT SHALL BE ASSIGNED TO 24,349
A WORK ACTIVITY, DEVELOPMENTAL ACTIVITY, OR ALTERNATIVE WORK 24,350
ACTIVITY WHEN THE EMPLOYER REMOVES OR DISCHARGES A PERSON, FOR 24,351
THE PURPOSE OF SUBSTITUTING THE PARTICIPANT IN THE PERSON'S 24,352
PLACE, IN ANY OF THE FOLLOWING CIRCUMSTANCES: 24,353
(a) THE PERSON IS ALREADY EMPLOYED AS A REGULAR FULL-TIME 24,356
OR PART-TIME EMPLOYEE OF THE EMPLOYER;
(b) THE PERSON HAS BEEN EMPLOYED FULL TIME OR PART TIME AS 24,359
A PARTICIPANT IN A WORK ACTIVITY, DEVELOPMENTAL ACTIVITY, OR 24,360
ALTERNATIVE WORK ACTIVITY;
(c) THE PERSON IS OR HAS BEEN INVOLVED IN A DISPUTE 24,363
BETWEEN A LABOR ORGANIZATION AND THE EMPLOYER;
(d) THE PERSON IS ON LAYOFF FROM THE SAME OR ANY 24,365
SUBSTANTIALLY EQUIVALENT JOB. 24,366
(B) NO EMPLOYER SHALL HIRE A PARTICIPANT OF THE WORK 24,369
COMPONENT PART-TIME TO CIRCUMVENT HIRING A FULL-TIME EMPLOYEE. 24,370
(C) COUNTY DEPARTMENTS OF HUMAN SERVICES SHALL ESTABLISH 24,373
AND MAINTAIN A GRIEVANCE PROCEDURE FOR RESOLVING COMPLAINTS BY 24,374
INDIVIDUALS OR THEIR REPRESENTATIVES THAT THE ASSIGNMENT OF A 24,375
PARTICIPANT VIOLATES THIS SECTION.
576
Sec. 5101.92 5107.66. Necessary SUBJECT TO THE 24,384
AVAILABILITY OF FUNDS AND EXCEPT AS LIMITED BY DIVISION (B) OF 24,385
SECTION 5107.58 OF THE REVISED CODE, COUNTY DEPARTMENTS OF HUMAN 24,386
SERVICES SHALL PROVIDE FOR PARTICIPANTS OF THE WORK COMPONENT 24,387
PLACED IN A WORK ACTIVITY, DEVELOPMENTAL ACTIVITY, OR ALTERNATIVE 24,388
WORK ACTIVITY TO RECEIVE support services, including, but not 24,390
limited to, THE COUNTY DEPARTMENT DETERMINES TO BE NECESSARY.
SUPPORT SERVICES MAY INCLUDE PUBLICLY FUNDED child care and 24,392
DAY-CARE UNDER CHAPTER 5104. OF THE REVISED CODE, transportation, 24,393
as determined by the department of human services, shall be 24,394
provided, except as limited by section 5101.85 of the Revised 24,396
Code, to employable recipients assigned to a component of the 24,397
JOBS program. The general assembly shall appropriate amounts 24,400
sufficient to cover the administrative costs of implementing the 24,401
requirements and the costs of any necessary support services 24,402
under such components, AND OTHER SERVICES. 24,403
Sec. 5107.67. EXCEPT FOR AN ASSISTANCE GROUP MEMBER WHO IS 24,406
ASSIGNED TO A WORK ACTIVITY SPECIFIED IN DIVISION (D)(1) OR (2) 24,407
OF SECTION 5107.40 OF THE REVISED CODE, CREDIT FOR WORK PERFORMED
BY AN ASSISTANCE GROUP MEMBER IN A WORK ACTIVITY, DEVELOPMENTAL 24,408
ACTIVITY, OR ALTERNATIVE WORK ACTIVITY UNDER THE WORK COMPONENT 24,411
DOES NOT CONSTITUTE REMUNERATION FOR THE PURPOSE OF CHAPTER 124., 24,412
144., OR 145. OF THE REVISED CODE AND SERVICES PERFORMED BY THE 24,413
MEMBER DO NOT CONSTITUTE EMPLOYMENT FOR THE PURPOSE OF CHAPTER 24,415
4141. OF THE REVISED CODE. 24,417
Sec. 5101.91 5107.68. (A) The director of human services 24,426
and the county directors of human services shall implement and 24,429
enforce the requirements of sections 5101.80 5107.40 to 5101.94 24,430
5107.68 of the Revised Code. Other state STATE AND LOCAL 24,433
agencies shall cooperate with the department COUNTY DEPARTMENTS 24,434
of human services to the maximum extent possible in the 24,435
implementation of the programs established under such THOSE 24,436
sections. 24,437
(B) In employing persons to administer and supervise the 24,439
577
JOBS program, WORK ACTIVITIES, DEVELOPMENTAL ACTIVITIES, AND 24,441
ALTERNATIVE WORK ACTIVITIES UNDER THE WORK COMPONENT, A COUNTY
DEPARTMENT OF HUMAN SERVICES SHALL GIVE first consideration shall 24,443
be given to state government employees who have been laid off 24,444
from their state positions and employable recipients APPLICANTS 24,445
FOR AND PARTICIPANTS of aid to dependent children THE WORK 24,446
COMPONENT, provided such employees APPLICANTS and recipients 24,448
PARTICIPANTS qualify for the administrative and supervisory 24,451
positions to be filled. A state government employee shall be 24,452
eligible for first consideration under this division only within 24,453
the layoff district established under section 124.326 of the 24,454
Revised Code in which the employee was laid off, and an
employable recipient AN APPLICANT OR PARTICIPANT shall be 24,456
eligible for first consideration only within the county in which 24,458
the recipient receives aid to dependent children APPLICANT 24,460
APPLIES FOR OR PARTICIPANT PARTICIPATES IN THE WORK COMPONENT. 24,461
(C) To the maximum extent practicable, necessary support 24,463
services PROVIDED under such sections SECTION 5107.66 OF THE 24,465
REVISED CODE shall be performed by employable recipients assigned 24,467
to PARTICIPANTS OF THE WORK COMPONENT PLACED IN a component of 24,468
the JOBS program WORK ACTIVITY, DEVELOPMENTAL ACTIVITY, OR 24,470
ALTERNATIVE WORK ACTIVITY UNDER THE WORK COMPONENT. 24,471
Sec. 5107.70. A COUNTY DEPARTMENT OF HUMAN SERVICES, AT 24,473
TIMES IT DETERMINES, MAY CONDUCT ASSESSMENTS OF ASSISTANCE GROUPS 24,475
PARTICIPATING IN THE WORK COMPONENT TO DETERMINE WHETHER ANY 24,476
MEMBERS OF THE GROUP ARE IN NEED OF OTHER ASSISTANCE OR SERVICES 24,477
PROVIDED BY THE COUNTY DEPARTMENT OR OTHER PRIVATE OR GOVERNMENT 24,478
ENTITIES. ASSESSMENTS MAY INCLUDE THE FOLLOWING: 24,480
(A) WHETHER ANY MEMBER OF THE ASSISTANCE GROUP HAS A 24,483
SUBSTANCE ABUSE PROBLEM;
(B) WHETHER THERE ARE ANY OTHER CIRCUMSTANCES THAT MAY 24,486
LIMIT AN ASSISTANCE GROUP MEMBER'S EMPLOYABILITY. 24,487
AT THE FIRST ASSESSMENT CONDUCTED BY THE COUNTY DEPARTMENT, 24,489
IT SHALL INQUIRE AS TO WHETHER ANY MEMBER OF AN ASSISTANCE GROUP 24,490
578
IS THE VICTIM OF DOMESTIC VIOLENCE, INCLUDING CHILD ABUSE. THE 24,491
COUNTY DEPARTMENT SHALL PROVIDE THIS INFORMATION TO THE STATE 24,492
DEPARTMENT OF HUMAN SERVICES. THE STATE DEPARTMENT SHALL 24,493
MAINTAIN THE INFORMATION FOR STATISTICAL ANALYSIS PURPOSES. 24,494
THE COUNTY DEPARTMENT MAY REFER AN ASSISTANCE GROUP MEMBER 24,497
TO A PRIVATE OR GOVERNMENT ENTITY THAT PROVIDES ASSISTANCE OR 24,498
SERVICES THE COUNTY DEPARTMENT DETERMINES THE MEMBER NEEDS. THE 24,499
ENTITY MAY BE A CHAPTER OF ALCOHOLICS ANONYMOUS, NARCOTICS 24,500
ANONYMOUS, OR COCAINE ANONYMOUS, OR ANY OTHER ENTITY THE COUNTY
DEPARTMENT CONSIDERS APPROPRIATE. 24,501
Sec. 5107.71. SUBJECT TO AVAILABLE FUNDS, THE DEPARTMENT 24,503
OF ALCOHOL AND DRUG ADDICTION SERVICES SHALL ESTABLISH A PROGRAM 24,505
IN COUNTIES SELECTED BY THE DEPARTMENT FOR SUBSTANCE ABUSE 24,506
SCREENING, ASSESSMENT, AND TREATMENT REFERRAL FOR PARTICIPANTS IN 24,507
THE OHIO WORKS FIRST WORK COMPONENT WHO HAVE A CHILD IN THE 24,509
CUSTODY OF OR RECEIVING OR REFERRED FOR SERVICES FROM A PUBLIC 24,510
CHILDREN SERVICES AGENCY.
UNDER THE PROGRAM, PARTICIPANTS SHALL BE SCREENED FOR 24,512
SUBSTANCE ABUSE BY THE COUNTY DEPARTMENT OF HUMAN SERVICES OR A 24,513
PUBLIC CHILDREN SERVICES AGENCY. THE SCREENING MAY BE CONDUCTED 24,515
AS PART OF AN ASSESSMENT UNDER EITHER SECTION 5107.70 OR DIVISION 24,516
(B)(17) OF SECTION 5153.16 OF THE REVISED CODE. IF THE SCREENING 24,519
INDICATES THAT THE PARTICIPANT MAY HAVE A SUBSTANCE ABUSE 24,520
PROBLEM, THE COUNTY DEPARTMENT OF HUMAN SERVICES OR PUBLIC 24,521
CHILDREN SERVICES AGENCY SHALL REFER THE PARTICIPANT TO A PROGRAM 24,522
DEVELOPED BY THE COUNTY'S BOARD OF ALCOHOL, DRUG ADDICTION, AND 24,523
MENTAL HEALTH SERVICES FOR CLINICAL ASSESSMENT AND TREATMENT. 24,524
A COUNTY DEPARTMENT OF HUMAN SERVICES OR A PUBLIC CHILDREN 24,526
SERVICES AGENCY SHALL CONTRACT WITH THE COUNTY'S BOARD OF 24,527
ALCOHOL, DRUG ADDICTION, AND MENTAL HEALTH SERVICES TO DEVELOP 24,528
SUBSTANCE ABUSE ASSESSMENT AND TREATMENT SERVICES UNDER A PROGRAM 24,529
ESTABLISHED PURSUANT TO THIS SECTION. THE CONTRACT SHALL PERMIT 24,532
THE BOARD OF ALCOHOL, DRUG ADDICTION, AND MENTAL HEALTH SERVICES 24,533
TO ARRANGE FOR THE PLACEMENT OF A PROFESSIONAL IN THE FIELD OF 24,534
579
ALCOHOL OR DRUG ADDICTION SERVICES IN THE OFFICE OF A COUNTY 24,535
DEPARTMENT OF HUMAN SERVICES OR A PUBLIC CHILDREN SERVICES AGENCY 24,537
TO PROVIDE SCREENING, CLINICAL ASSESSMENT, CASE COORDINATION, 24,538
TREATMENT REFERRAL, TRAINING FOR COUNTY DEPARTMENT OR AGENCY
EMPLOYEES, OR OTHER SERVICES WARRANTED BY LOCAL NEEDS. THE BOARD 24,540
OF ALCOHOL, DRUG ADDICTION, AND MENTAL HEALTH SERVICES SHALL 24,541
ESTABLISH A NETWORK OF PROFESSIONALS IN THE FIELD OF ALCOHOL OR 24,542
DRUG ADDICTION SERVICES WHO WILL GIVE PRIORITY TO PROVIDING 24,543
TREATMENT TO PARTICIPANTS REFERRED UNDER THIS SECTION. 24,544
THE DEPARTMENT SHALL ADOPT RULES GOVERNING THE PROGRAM. 24,546
Sec. 5107.10 5107.72. Subject to the rules of the 24,555
department of human services, the county administration may 24,557
provide the necessary medical, surgical, dental, optical, or 24,558
mental examination and corrective or preventive treatment for any 24,559
family receiving aid under Chapter 5107. of the Revised Code. 24,560
The county administration for aid to dependent children, 24,562
under the standards of assistance established by the director of 24,563
human services, may establish in so far as practicable and not in 24,564
conflict with federal law, such services not otherwise available 24,565
as may be necessary to help applicants and recipients of aid to 24,566
attain self-care or self-support. 24,567
The EACH county administration for aid to dependent 24,569
children DEPARTMENT OF HUMAN SERVICES shall refer the mother of 24,571
any needy child receiving aid to dependent children, if such 24,572
mother is living with the dependent A PARENT PARTICIPATING IN THE 24,573
WORK COMPONENT WHOSE MINOR child, IS A MEMBER OF THE PARENT'S 24,574
ASSISTANCE GROUP to any private or public agency, medical doctor, 24,575
clinic, or other person or organization which can advise her THE 24,576
PARENT on methods of controlling the size and spacing of her THE 24,578
PARENT'S family, consistent with the mother's PARENT'S religious 24,580
and moral views. The A county administration may procure for 24,582
such mothers any pills or devices needed and desired by such 24,584
mothers for the control of conception DEPARTMENT SHALL DOCUMENT 24,585
EACH REFERRAL IT MAKES UNDER THIS SECTION. 24,586
580
Sec. 5107.12 5107.75. Aid CASH ASSISTANCE under this 24,596
chapter shall be THE WORK COMPONENT IS inalienable whether by way 24,597
of assignment, charge, or otherwise, and exempt from execution, 24,598
attachment, garnishment, and other like process. 24,600
Sec. 5107.04 5107.76. (A) As used in this section, 24,609
"erroneous payments" means payments of aid CASH ASSISTANCE made 24,610
under this chapter THE WORK COMPONENT to persons who are 24,612
ASSISTANCE GROUPS not entitled ELIGIBLE to receive them THE 24,613
ASSISTANCE, including aid ASSISTANCE paid as a result of 24,615
misrepresentation or fraud, and aid ASSISTANCE paid due to an 24,616
error by the recipient A MEMBER OF AN ASSISTANCE GROUP or by the 24,618
A county department of human services that made the payment. 24,619
(B) The amount of aid payable under this chapter in 24,621
respect to any children living in the same home shall be 24,622
determined on the basis of actual need as determined by the state 24,623
department of human services based on state appropriations, 24,624
taking into account the resources and income from other sources 24,625
of such children, their parents, and the relatives in whose home 24,626
they are living. 24,627
(C) The EXCEPT AS PROVIDED IN RULES ADOPTED UNDER SECTION 24,629
5107.13 OF THE REVISED CODE, EACH county department of human 24,630
services shall take action to recover erroneous payments, which. 24,631
ACTION may include REDUCING PAYMENTS OF CASH ASSISTANCE MADE 24,632
UNDER THE WORK COMPONENT TO ASSISTANCE GROUPS THAT RECEIVE 24,634
ERRONEOUS PAYMENTS OR instituting a civil action. Whenever aid 24,635
has been furnished to a recipient for whose support another 24,636
person is responsible such other person shall, in addition to the 24,637
liability otherwise imposed, as a consequence of failure to 24,638
support such recipient, be liable for all aid furnished to such 24,639
recipient. The value of the aid so furnished may be recovered in 24,640
a civil action brought by the county department. 24,641
(D) Each county department of human services shall retain 24,643
fifty per cent of the nonfederal share of the erroneous payments 24,644
it recovers, PRIOR TO OCTOBER 1, 1996, DETERMINES OCCURRED under 24,646
581
this section, REGARDLESS OF WHEN RECOVERY IS MADE. The 24,647
department of human services shall receive the remaining fifty 24,648
per cent of the nonfederal share of the recovered THOSE payments. 24,649
EACH COUNTY DEPARTMENT SHALL RETAIN TWENTY-FIVE PER CENT OF 24,650
ERRONEOUS PAYMENTS IT, ON OR AFTER OCTOBER 1, 1996, DETERMINES 24,651
OCCURRED AND RECOVERS AND THE STATE DEPARTMENT SHALL RECEIVE THE 24,653
REMAINING SEVENTY-FIVE PER CENT.
Sec. 5107.13 5107.77. As part of the monthly financial 24,662
CASH assistance payment provided under this chapter THE WORK 24,664
COMPONENT, an assistance group shall receive a monthly energy 24,666
assistance payment based on the size of the assistance group. 24,667
The part of the monthly financial CASH assistance payment that is 24,668
the monthly energy assistance payment shall be the following: 24,669
Size of assistance group Energy assistance payment 24,671
1 $ 7 24,672
2 $11 24,673
3 $14 24,674
4 $17 24,675
5 $20 24,676
6 $22 24,677
7 $25 24,678
8 $28 24,679
9 $30 24,680
10 $33 24,681
11 $36 24,682
12 $39 24,683
13 $41 24,684
14 $44 24,685
15 $47 24,686
For each person in the assistance group that brings the 24,689
assistance group to more than fifteen persons, add three dollars 24,690
to the monthly energy assistance payment an assistance group of 24,691
fifteen receives. 24,692
(C) This section does not increase the monthly financial 24,694
582
CASH assistance payment an assistance group is eligible to 24,695
receive under this chapter THE WORK COMPONENT. 24,696
Sec. 5107.78. THE DEPARTMENT OF HUMAN SERVICES SHALL 24,698
INCLUDE A NOTICE WITH THE FOLLOWING INFORMATION WITH EACH CASH 24,699
ASSISTANCE PAYMENT PROVIDED UNDER THE WORK COMPONENT TO AN 24,701
ASSISTANCE GROUP RESIDING IN A COUNTY IN WHICH THE COMPUTER 24,702
SYSTEM KNOWN AS SUPPORT ENFORCEMENT TRACKING SYSTEM IS IN
OPERATION: 24,703
(A) THE NUMBER OF MONTHS THE ASSISTANCE GROUP HAS 24,706
PARTICIPATED IN THE WORK COMPONENT AND THE REMAINING NUMBER OF
MONTHS THE ASSISTANCE GROUP MAY PARTICIPATE IN THE COMPONENT AS 24,707
LIMITED BY SECTION 5107.23 OF THE REVISED CODE; 24,709
(B) THE AMOUNT OF SUPPORT PAYMENTS DUE A MEMBER OF THE 24,712
ASSISTANCE GROUP THAT A CHILD SUPPORT ENFORCEMENT AGENCY
COLLECTED AND PAID TO THE DEPARTMENT PURSUANT TO SECTION 5107.25 24,713
OF THE REVISED CODE DURING THE MOST RECENT MONTH FOR WHICH THE 24,715
DEPARTMENT HAS THIS INFORMATION. 24,716
Sec. 5111.01. As used in this chapter, "medical assistance 24,725
program" or "medicaid" means the program that is authorized by 24,727
this section and provided by the department of human services 24,729
under this chapter and, Title XIX of the "Social Security Act," 24,730
49 Stat. 620 (1935), 42 U.S.C.A. 301, as amended, AND THE WAIVERS 24,731
OF TITLE XIX REQUIREMENTS GRANTED TO THE DEPARTMENT BY THE HEALTH 24,734
CARE FINANCING ADMINISTRATION OF THE UNITED STATES DEPARTMENT OF 24,736
HEALTH AND HUMAN SERVICES. 24,737
(A) The department of human services may provide medical 24,739
assistance under the medicaid program as long as federal funds 24,741
are provided for such assistance, to the following:
(1) Recipients and potential recipients of aid under 24,744
FAMILIES WITH CHILDREN THAT MEET EITHER OF THE FOLLOWING 24,745
CONDITIONS: 24,746
(a) THE FAMILY MEETS THE INCOME, RESOURCE, AND FAMILY 24,749
COMPOSITION REQUIREMENTS IN EFFECT ON JULY 16, 1996, FOR THE 24,750
FORMER AID TO DEPENDENT CHILDREN PROGRAM AS THOSE REQUIREMENTS 24,751
583
WERE ESTABLISHED BY CHAPTER 5107. OF THE REVISED CODE, FEDERAL 24,754
WAIVERS GRANTED PURSUANT TO REQUESTS MADE UNDER FORMER SECTION 24,755
5101.09 OF THE REVISED CODE, AND RULES ADOPTED BY THE DEPARTMENT. 24,758
AN ADULT LOSES ELIGIBILITY FOR MEDICAL ASSISTANCE PURSUANT TO 24,759
DIVISION (A)(1)(a) OF THIS SECTION PURSUANT TO DIVISION (E)(3) OF 24,762
SECTION 5107.21 OF THE REVISED CODE. 24,764
(b) THE FAMILY DOES NOT MEET THE REQUIREMENTS SPECIFIED IN 24,767
DIVISION (A)(1)(a) OF THIS SECTION BUT IS PARTICIPATING IN THE 24,770
WORK COMPONENT OF THE OHIO WORKS FIRST PROGRAM ESTABLISHED UNDER 24,772
Chapter 5107. of the Revised Code, persons who are OR IS eligible 24,774
for medical assistance pursuant to section 5101.842, 5101.86,
5101.88, 5101.881, 5101.95, 5107.041, 5107.071, 5107.31, 5107.32, 24,776
5107.34, 5101.18 or 5111.017 DIVISION (E)(1) OR (2) OF SECTION 24,778
5107.21 of the Revised Code despite being ineligible for aid 24,780
under that chapter, and children of minor parents who would be 24,782
eligible for aid under that chapter if not for section 5107.031 24,783
of the Revised Code; TO PARTICIPATE IN THE WORK COMPONENT. 24,784
(2) Aged, blind, and disabled persons who meet the 24,786
following conditions: 24,787
(a) Receive federal aid under Title XVI of the "Social 24,789
Security Act," or are eligible for but are not receiving such 24,790
aid, provided that the income from all other sources for 24,791
individuals with independent living arrangements shall not exceed 24,792
one hundred seventy-five dollars per month. The income standards 24,793
hereby established shall be adjusted annually at the rate that is 24,794
used by the United States department of health and human services 24,796
to adjust the amounts payable under Title XVI. 24,797
(b) Do not receive aid under Title XVI, but meet one or 24,799
both ANY of the following criteria: 24,800
(i) Would be eligible to receive such aid, except that 24,802
their income, other than that excluded from consideration as 24,803
income under Title XVI, exceeds the maximum under division 24,804
(A)(2)(a) of this section, and incurred expenses for medical 24,805
care, as determined under federal regulations applicable to 24,806
584
section 209(b) of the "Social Security Amendments of 1972," 86 24,807
Stat. 1381, 42 U.S.C.A. 1396a(f), as amended, equal or exceed the 24,808
amount by which their income exceeds the maximum under division 24,809
(A)(2)(a) of this section; 24,810
(ii) Received aid for the aged, aid to the blind, or aid 24,812
for the permanently and totally disabled prior to January 1, 24,813
1974, and continue to meet all the same eligibility requirements; 24,814
(iii) ARE ELIGIBLE FOR MEDICAL ASSISTANCE PURSUANT TO 24,816
SECTION 5101.18 OF THE REVISED CODE. 24,817
(3) Persons to whom federal law requires, as a condition 24,819
of state participation in the medicaid program, that medical 24,820
assistance be provided; 24,821
(4) Persons under age twenty-one who meet the financial 24,823
eligibility standards in effect INCOME REQUIREMENTS FOR THE WORK 24,825
COMPONENT OF THE OHIO WORKS FIRST PROGRAM ESTABLISHED under 24,826
Chapter 5107. of the Revised Code but do not qualify as a 24,828
dependent child as defined in section 5107.03 MEET OTHER 24,829
ELIGIBILITY REQUIREMENTS FOR THE COMPONENT. THE DEPARTMENT SHALL 24,830
ADOPT RULES IN ACCORDANCE WITH CHAPTER 119. of the Revised Code; 24,831
(5) Effective October 1, 1993, if funds are appropriated 24,833
by the general assembly for this purpose, children born after 24,834
January 1, 1983, who are not otherwise eligible for assistance 24,835
under this division and whose countable income is at or below two 24,836
hundred per cent of the federal poverty guideline, as revised 24,837
annually by the United States secretary of health and human 24,838
services in accordance with section 673 of the "Community 24,839
Services Block Grant Act," 95 Stat. 511 (1981), 42 U.S.C.A. 9902, 24,840
as amended, for a family size equal to the size of the assistance 24,841
group of the person whose income is being determined SPECIFYING 24,843
WHICH WORK COMPONENT REQUIREMENTS SHALL BE WAIVED FOR THE PURPOSE 24,844
OF PROVIDING MEDICAID ELIGIBILITY UNDER DIVISION (A)(4) OF THIS 24,845
SECTION.
(B) If funds are appropriated for such purpose by the 24,847
general assembly, the department may provide medical assistance 24,848
585
to persons in groups designated by federal law as groups to which 24,850
a state, at its option, may provide medical assistance under the 24,851
medicaid program.
(C) THE DEPARTMENT MAY EXPAND ELIGIBILITY FOR MEDICAL 24,854
ASSISTANCE TO INCLUDE INDIVIDUALS UNDER AGE NINETEEN WITH FAMILY 24,855
INCOMES AT OR BELOW ONE HUNDRED FIFTY PER CENT OF THE FEDERAL 24,856
POVERTY GUIDELINE, EXCEPT THAT THE ELIGIBILITY EXPANSION SHALL 24,857
NOT OCCUR UNLESS THE DEPARTMENT RECEIVES THE APPROVAL OF THE 24,858
FEDERAL GOVERNMENT. THE DEPARTMENT MAY IMPLEMENT THE ELIGIBILITY 24,859
EXPANSION AUTHORIZED UNDER THIS DIVISION ON ANY DATE SELECTED BY 24,860
THE DEPARTMENT, BUT NOT SOONER THAN JANUARY 1, 1998. 24,862
(D) IN ADDITION TO ANY OTHER AUTHORITY OR REQUIREMENT TO 24,865
ADOPT RULES UNDER THIS CHAPTER, THE DEPARTMENT MAY ADOPT RULES IN 24,866
ACCORDANCE WITH SECTION 111.15 OF THE REVISED CODE AS IT 24,868
CONSIDERS NECESSARY TO ESTABLISH STANDARDS, PROCEDURES, AND OTHER 24,869
REQUIREMENTS REGARDING THE PROVISION OF MEDICAL ASSISTANCE. THE 24,870
RULES MAY ESTABLISH REQUIREMENTS TO BE FOLLOWED IN APPLYING FOR 24,871
MEDICAL ASSISTANCE, MAKING DETERMINATIONS OF ELIGIBILITY FOR 24,872
MEDICAL ASSISTANCE, AND VERIFYING ELIGIBILITY FOR MEDICAL 24,873
ASSISTANCE. THE RULES MAY INCLUDE SPECIAL CONDITIONS AS THE 24,874
DEPARTMENT DETERMINES APPROPRIATE FOR MAKING APPLICATIONS, 24,875
DETERMINING ELIGIBILITY, AND VERIFYING ELIGIBILITY FOR ANY 24,876
MEDICAL ASSISTANCE THAT THE DEPARTMENT MAY PROVIDE PURSUANT TO 24,877
DIVISION (C) OF THIS SECTION. 24,878
Sec. 5111.013. (A) The provision of medical assistance to 24,887
pregnant women and young children who are eligible for medical 24,888
assistance under division (A)(3) of section 5111.01 of the 24,889
Revised Code, but who are not otherwise eligible for medical 24,890
assistance under that section, shall be known as the healthy 24,891
start program. 24,892
(B) The department of human services shall do all of the 24,894
following with regard to the application procedures for the 24,895
healthy start program and the Ohio children's health care 24,896
program: 24,897
586
(1) Establish a short application form for each or both 24,899
programs that requires the applicant to provide no more 24,900
information than is necessary for making determinations of 24,901
eligibility for the healthy start or Ohio children's health care 24,902
program, except that the form may require applicants to provide 24,903
their social security numbers. The form shall include a 24,904
statement, which must be signed by the applicant, indicating that 24,905
she does not choose at the time of making application for the 24,906
program to apply for assistance provided under any other program 24,907
administered by the department and that she understands that she 24,908
is permitted at any other time to apply at the county department 24,909
of human services of the county in which she resides for any 24,910
other assistance administered by the department. 24,911
(2) To the extent permitted by federal law, do one or both 24,913
of the following: 24,914
(a) Distribute the application form for the programs to 24,916
each public or private entity that serves as a women, infants, 24,917
and children clinic or as a child and family health clinic and to 24,918
each administrative body for such clinics and train employees of 24,919
each such agency or entity to provide applicants assistance in 24,920
completing the form; 24,921
(b) In cooperation with the department of health, develop 24,923
arrangements under which employees of county departments of human 24,924
services are stationed at public or private agencies or entities 24,926
selected by the department of human services that serve as women, 24,927
infants, and children clinics; child and family health clinics; 24,928
or administrative bodies for such clinics for the purpose both of 24,929
assisting applicants for the programs in completing the 24,930
application form and of making determinations at that location of 24,931
eligibility for the programs. 24,932
(3) Establish performance standards by which a county 24,934
department of human services' level of enrollment of persons 24,935
potentially eligible for each program can be measured, and 24,937
establish acceptable levels of enrollment for each county 24,938
587
department of human services. 24,939
(4) Direct any county department of human services whose 24,942
rate of enrollment of potentially eligible enrollees in either 24,943
program is below acceptable levels established under division 24,944
(B)(3) of this section to implement corrective action. Corrective 24,946
action by the county department of human services may include but 24,947
is not limited to any one or more of the following to the extent 24,948
permitted by federal law:
(a) Establishing formal referral and outreach methods with 24,950
local health departments and local entities receiving funding 24,951
through the bureau of maternal and child health; 24,952
(b) Designating a specialized intake unit within the 24,954
county department of human services for healthy start and Ohio 24,956
health care program applicants;
(c) Establishing abbreviated timeliness requirements to 24,958
shorten the time between receipt of an application and the 24,959
scheduling of an initial application interview; 24,960
(d) Establishing a system for telephone scheduling of 24,962
intake interviews for applicants; 24,963
(e) Establishing procedures to minimize the time an 24,965
applicant must spend in completing the application and 24,966
eligibility determination process, including permitting 24,967
applicants to complete the process at times other than the 24,968
regular business hours of the county department and at locations 24,970
other than the offices of the county department. 24,971
(C) To the extent permitted by federal law, local funds, 24,973
whether from public or private sources, expended by a county 24,974
department for administration of the healthy start and Ohio 24,976
children's health care programs shall be considered to have been 24,977
expended by the state for the purpose of determining the extent 24,978
to which the state has complied with any federal requirement that 24,979
the state provide funds to match federal funds for medical 24,980
assistance, except that this division shall not affect the amount 24,981
of funds the county is entitled to receive under section 5101.16, 24,983
588
5101.161, 5107.01, or 5111.012 of the Revised Code. 24,985
(D) The director of human services shall do one or both of 24,987
the following: 24,988
(1) To the extent that federal funds are provided for such 24,990
assistance, adopt a plan for granting presumptive eligibility for 24,991
pregnant women applying for healthy start; 24,992
(2) To the extent permitted by federal medicaid 24,994
regulations, adopt a plan for making same-day determinations of 24,995
eligibility for pregnant women applying for healthy start. 24,996
(E) A county department of human services that maintains 24,999
offices at more than one location shall accept applications for 25,000
the healthy start program and the Ohio children's health care 25,001
program at all of those locations. 25,002
(F) The director of human services shall adopt rules in 25,004
accordance with section 111.15 of the Revised Code as necessary 25,005
to implement this section. 25,006
Sec. 5111.017. (A) As used in this section: 25,015
(1) "Aid to dependent children" means the program 25,017
established by Chapter 5107. of the Revised Code. 25,018
(2) "Assistance group" has the same meaning as in section 25,023
5107.011 of the Revised Code.
(B) The department of human services shall establish a 25,025
program for substance abuse assessment and treatment referral for 25,027
recipients of medical assistance under this chapter who are 25,028
pregnant and are required by statute or rule of the department to 25,029
receive medical services through a managed care organization. 25,030
Each such pregnant woman shall be screened for ALCOHOL AND OTHER 25,031
drug use at her first prenatal medical examination after July 1, 25,032
1996.
The department of human services shall require each managed 25,034
care organization providing services to medical assistance 25,036
recipients pursuant to a contract with the department of human 25,037
services to inform persons who will provide prenatal medical 25,038
services to a pregnant recipient about the requirements of this 25,039
589
section. The department also shall require persons providing 25,040
prenatal medical services to a pregnant recipient pursuant to the 25,041
managed care organization's contract with the department to refer 25,042
DO BOTH OF THE FOLLOWING IF THE PERSON PROVIDING PRENATAL MEDICAL 25,044
SERVICES, FOLLOWING SCREENING, DETERMINES THE RECIPIENT MAY HAVE 25,045
A SUBSTANCE ABUSE PROBLEM:
(A) REFER the recipient to an organization certified by 25,049
the department of alcohol and drug addiction services for 25,050
assessment if the person providing prenatal medical services to 25,051
her, following screening, determines the recipient may have a
substance abuse problem. Failure of a recipient to cooperate 25,054
with an assessment or participate in treatment in accordance with 25,055
the rules adopted under this section shall result in 25,056
ineligibility for aid to dependent children as follows: 25,057
(1) For a first failure, the recipient is ineligible for 25,061
aid to dependent children until the failure ceases or one payment 25,063
month, whichever is longer;
(2) For a second failure, the recipient and all other 25,065
members of the recipient's assistance group are ineligible for 25,066
aid to dependent children until the failure ceases or one payment 25,068
month, whichever is longer;
(3) For a third failure, the recipient and all other 25,071
members of the recipient's assistance group are ineligible for 25,072
aid to dependent children until the failure ceases or two payment 25,074
months, whichever is longer;
(4) For a fourth or subsequent failure, the recipient and 25,076
all other members of the recipient's assistance group are 25,078
ineligible for aid to dependent children until the failure ceases
or six payment months, whichever is longer. 25,079
(C) If a recipient of aid to dependent children under age 25,082
eighteen is a member of an assistance group sanctioned under 25,083
division (B)(2), (3), or (4) of this section, the sanction 25,085
applied to the recipient shall cease if the recipient ceases to 25,087
reside with a specified relative, as defined by rules adopted 25,089
590
pursuant to section 5107.03 of the Revised Code, who was a member 25,090
of the sanctioned assistance group, unless the recipient is the 25,092
member of the assistance group whose failure to cooperate with an 25,094
assessment or participate in treatment caused the sanction. The 25,095
sanction shall continue for all other members of the assistance 25,096
group for the amount of time specified in division (B)(2), (3), 25,098
or (4) of this section.
(D) A person who would be eligible for aid to dependent 25,101
children if not for this section is eligible for the medical 25,103
assistance program.
(E) Not later than July 1, 1996, the; 25,105
(B) INFORM THE RECIPIENT OF THE POSSIBLE EFFECTS OF 25,107
ALCOHOL AND OTHER DRUG USE ON THE FETUS. 25,108
THE department of human services, in consultation with the 25,112
department of alcohol and drug addiction services, shall adopt 25,113
rules IN ACCORDANCE WITH CHAPTER 119. OF THE REVISED CODE
necessary to implement this section. 25,114
(F) If any provision of this section conflicts with the 25,116
terms and conditions of a federal waiver granted pursuant to an 25,117
application made under section 5101.09 of the Revised Code, the 25,118
terms and conditions of the federal waiver prevail. 25,119
Sec. 5111.023. (A) The department of human services may 25,128
provide medical assistance under Title XIX of the "Social 25,129
Security Act," 49 Stat. 620 (1935), 42 U.S.C. 301, as amended, in 25,130
addition to such assistance provided under section 5111.01 of the 25,131
Revised Code, as long as federal funds are provided for such 25,132
assistance, to each former recipient PARTICIPANT of assistance 25,134
under THE WORK COMPONENT OF THE OHIO WORKS FIRST PROGRAM 25,135
ESTABLISHED UNDER Chapter 5107. of the Revised Code who meets all 25,136
of the following requirements: 25,137
(1) Is ineligible for assistance under Chapter 5107. of 25,139
the Revised Code TO PARTICIPATE IN THE WORK COMPONENT solely as a 25,140
result of increased income due to employment; 25,141
(2) Is not covered by, and does not have access to, 25,143
591
medical insurance coverage through the employer with benefits 25,144
comparable to those provided under this section, as determined in 25,145
accordance with rules adopted by the department of human services 25,146
under division (B) of this section; 25,147
(3) Meets any other requirement established by rule 25,149
adopted under division (B) of this section. 25,150
(B) The department of human services shall adopt such 25,152
rules under Chapter 119. of the Revised Code as are necessary to 25,153
implement and administer the medical assistance program under 25,154
this section. 25,155
(C) A person seeking to participate in a program of 25,157
medical assistance under this section shall apply to the county 25,158
department of human services in the county in which the applicant 25,159
resides. The application shall be made on a form prescribed by 25,161
the state department of human services and furnished by the 25,162
county department. 25,163
(D) If the county department of human services determines 25,165
that a person is eligible to receive medical assistance under 25,166
this section, the department shall provide assistance, to the 25,167
same extent and in the same manner as medical assistance is 25,168
provided to a person eligible for assistance under Chapter 5107. 25,169
of the Revised Code PARTICIPATING IN THE WORK COMPONENT, for no 25,170
longer than eighteen TWELVE months, beginning the month after the 25,172
date the recipient's PARTICIPANT'S medical assistance under 25,173
Chapter 5107. of the Revised Code THE WORK COMPONENT is 25,176
terminated.
Sec. 5111.09. On or before the first day of January of 25,185
each year, the department of human services shall submit to the 25,186
speaker AND MINORITY LEADER of the house of representatives and 25,187
the president AND MINORITY LEADER of the senate, and shall make 25,189
available to the public, a report on the effectiveness of the aid 25,190
to dependent children WORK COMPONENT OF THE OHIO WORKS FIRST 25,191
program established under Chapter 5107. of the Revised Code and 25,192
the medical assistance program established under this chapter in 25,193
592
meeting the health care needs of low-income pregnant women, 25,194
infants, and children. The report shall include: the estimated 25,195
number of persons eligible for health care services to pregnant 25,196
women, infants, and children under the programs; the actual 25,197
number of eligible persons served; the number of prenatal, 25,198
postpartum, and child health visits; a report on birth outcomes, 25,199
including a comparison of low-birthweight births and infant 25,200
mortality rates of program participants with the general female 25,201
child-bearing and infant population in this state; and a 25,202
comparison of the prenatal, delivery, and child health costs of 25,203
the programs with such costs of similar programs in other states, 25,204
where available. 25,205
Sec. 5111.113. AS USED IN THIS SECTION, "NURSING FACILITY" 25,208
HAS THE SAME MEANING AS IN SECTION 5111.20 OF THE REVISED CODE. 25,209
IN DETERMINING THE AMOUNT OF INCOME A RECIPIENT OF MEDICAL 25,212
ASSISTANCE MUST APPLY MONTHLY TO PAYMENT OF THE COST OF CARE IN A 25,213
NURSING FACILITY, THE COUNTY DEPARTMENT OF HUMAN SERVICES SHALL 25,214
DEDUCT FROM THE RECIPIENT'S MONTHLY INCOME A MONTHLY PERSONAL 25,215
NEEDS ALLOWANCE IN ACCORDANCE WITH SECTION 1902 OF THE "SOCIAL 25,216
SECURITY ACT," 49 STAT. 620 (1935), 42 U.S.C. 1396a, AS AMENDED. 25,219
THE MONTHLY PERSONAL NEEDS ALLOWANCE SHALL BE NOT LESS THAN FORTY
DOLLARS FOR AN INDIVIDUAL RESIDENT OF A NURSING FACILITY AND NOT 25,220
LESS THAN EIGHTY DOLLARS FOR A MARRIED COUPLE IF BOTH SPOUSES ARE 25,221
RESIDENTS OF A NURSING FACILITY. 25,222
Sec. 5115.01. (A) There is hereby established the 25,231
disability assistance program. Except as provided in division (D) 25,233
of this section, a disability assistance recipient shall receive 25,234
financial assistance. Except as provided in section 5115.11 of 25,235
the Revised Code, a disability assistance recipient also shall 25,236
receive disability assistance medical assistance. 25,237
Except as provided by division (B) of this section, a 25,239
person who meets all of the following requirements is eligible 25,240
for disability assistance: 25,241
(1) The person is ineligible for aid to dependent children 25,243
593
provided under TO PARTICIPATE IN THE OHIO WORKS FIRST PROGRAM 25,244
ESTABLISHED UNDER Chapter 5107. of the Revised Code and TO 25,246
RECEIVE supplemental security income provided pursuant to Title 25,248
XVI of the "Social Security Act," 86 Stat. 1475 (1972), 42 25,249
U.S.C.A. 1383, as amended;
(2) The person is at least one of the following: 25,251
(a) Under age eighteen; 25,253
(b) Age sixty or older; 25,255
(c) Pregnant; 25,257
(d) Unable to do any substantial or gainful activity by 25,259
reason of a medically determinable physical or mental impairment 25,260
that can be expected to result in death or has lasted or can be 25,261
expected to last for not less than nine months;
(e) A resident of a residential treatment center AN ACTIVE 25,263
PARTICIPANT IN AN ALCOHOL OR DRUG ADDICTION PROGRAM certified by 25,264
the department of alcohol and drug addiction services; UNDER 25,265
SECTION 3793.06 OF THE REVISED CODE, INCLUDING A FORMER RECIPIENT 25,266
OF SUPPLEMENTAL SECURITY INCOME WHO LOST ELIGIBILITY FOR THAT 25,267
PROGRAM BECAUSE OF THE ENACTMENT OF PARAGRAPH (b)(1) OF SECTION 25,268
105 OF THE "CONTRACT WITH AMERICA ADVANCEMENT ACT OF 1996," 110 25,274
STAT. 847, 42 U.S.C. 1382c(a)(3). A PERSON ON A WAITING LIST TO 25,277
PARTICIPATE IN AN ALCOHOL OR DRUG ADDICTION PROGRAM, OR OTHERWISE 25,279
NOT PARTICIPATING IN A PROGRAM WHILE WAITING FOR TREATMENT 25,280
SERVICES AT A PROGRAM TO BECOME AVAILABLE, IS NOT AN ACTIVE 25,281
PARTICIPANT.
(f) Medication dependent as determined by a physician, as 25,283
defined in section 4730.01 of the Revised Code, who has certified 25,284
to the county department of human services that the person is 25,285
receiving ongoing treatment for a chronic medical condition 25,286
requiring continuous prescription medication for an indefinite, 25,287
long-term period of time and for whom the loss of the medication
would result in a significant risk of medical emergency and loss 25,288
of employability lasting at least nine months. 25,289
(3) The person meets the eligibility requirements 25,291
594
established by the department of human services in rules adopted 25,292
under section 5115.05 of the Revised Code. 25,293
(B)(1) A person is ineligible for disability assistance if 25,295
the person is ineligible for aid to dependent children, or 25,296
financial assistance under that program, TO PARTICIPATE IN THE 25,297
OHIO WORKS FIRST PROGRAM because of any of the following: 25,299
(a) A penalty pursuant to section 5101.842, 5101.88, 25,301
5101.881, 5101.95, 5107.01, 5107.031, 5107.041, 5107.071, 25,302
5107.30, 5107.31, 5107.32, SECTION 5107.17, 5107.20, or 5111.017 25,303
5107.21 of the Revised Code or division (C) of section 5101.86 of 25,307
the Revised Code;
(b) The person's extended eligibility for aid to dependent 25,310
children TO PARTICIPATE IN THE WORK COMPONENT OF THE OHIO WORKS 25,311
FIRST PROGRAM made possible by the earned income disregard 25,312
established under division (B)(1) (D)(2) of section 5107.033 25,314
5107.03 of the Revised Code has ceased due to the limited number 25,315
of months the disregard is applied;
(c) The time limit for financial assistance established by 25,318
section 5107.33 5107.23 of the Revised Code;
(d) Failure to comply with an application or verification 25,321
procedure;
(e) The fraud control program established pursuant to 45 25,324
C.F.R. 235.112, AS IN EFFECT JULY 1, 1996. 25,325
(2) A person under age eighteen is ineligible for 25,327
disability assistance pursuant to division (B)(1)(a) of this 25,329
section only if the person caused the penalty ASSISTANCE GROUP TO 25,330
BE INELIGIBLE TO PARTICIPATE IN THE OHIO WORKS FIRST PROGRAM or 25,332
resides with a person age eighteen or older who was a member of 25,333
the same INELIGIBLE assistance group that is ineligible for aid 25,335
to dependent children pursuant to a penalty specified in division 25,337
(B)(1)(a) of this section. A person age eighteen or older is 25,338
ineligible for disability assistance pursuant to division 25,339
(B)(1)(a) of this section regardless of whether the person caused 25,340
the penalty ASSISTANCE GROUP TO BE INELIGIBLE TO PARTICIPATE IN 25,341
595
THE OHIO WORKS FIRST PROGRAM.
(C) No THE COUNTY DEPARTMENT OF HUMAN SERVICES THAT SERVES 25,344
THE COUNTY IN WHICH A person is eligible for RECEIVING disability 25,345
assistance pursuant to division (A)(2)(e) of this section more 25,346
than once in a five-year period PARTICIPATES IN AN ALCOHOL OR 25,347
DRUG ADDICTION PROGRAM SHALL DESIGNATE A REPRESENTATIVE PAYEE FOR 25,348
PURPOSES OF RECEIVING AND DISTRIBUTING FINANCIAL ASSISTANCE 25,349
PROVIDED UNDER THE DISABILITY ASSISTANCE PROGRAM TO THE PERSON. 25,350
(D) A person eligible for disability assistance pursuant 25,352
to division (A)(2)(f) of this section shall not receive financial 25,353
assistance.
(E) The department shall adopt rules in accordance with 25,355
section 111.15 of the Revised Code defining terms and 25,356
establishing standards for determining whether a person meets a 25,357
condition of disability assistance eligibility pursuant to this 25,358
section.
Sec. 5115.03. (A) The state department of human services 25,367
shall do all BOTH of the following: 25,368
(1)(A) Adopt rules governing the administration of 25,370
disability assistance, including the administration of financial 25,371
assistance and disability assistance medical assistance. The 25,373
rules shall be binding on county departments of human services. 25,374
(2)(B) Make investigations to determine whether disability 25,376
assistance is being administered in compliance with the Revised 25,377
Code and rules adopted by the state department. 25,378
(3) Administer disability assistance in a county where the 25,380
county department of human services fails to perform the 25,381
administrative functions required of it under section 5115.02 of 25,382
the Revised Code. 25,383
(B) If the state department administers disability 25,385
assistance in a county pursuant to division (A)(3) of this 25,386
section, it may expend any local funds available for 25,387
administration of disability assistance, and for a period not to 25,388
exceed three months, if necessary, may pay the entire 25,389
596
administrative cost of disability assistance in the county from 25,390
state appropriations for disability assistance. The county shall 25,391
promptly reimburse the department for any funds spent by the 25,392
state during any period the department administers disability 25,393
assistance in the county. 25,394
(C) The state department shall adopt rules in accordance 25,396
with section 111.15 of the Revised Code governing the custody, 25,397
use, and preservation of disability assistance records, papers, 25,398
files, and communications of the state department, county 25,399
departments, and all other state and county offices and officials 25,400
participating in administration of disability assistance. Each 25,401
government entity that acquires or maintains records that include 25,402
names of or other information about disability assistance 25,403
applicants or recipients shall adopt such rules as are necessary 25,404
to prevent disclosure of the names or information except as 25,405
required for administration of disability assistance or as 25,406
required by other sections of the Revised Code. 25,407
Except for purposes directly connected with administration 25,409
of disability assistance or as required by any other section of 25,410
the Revised Code, no person shall solicit, disclose, receive, 25,411
make use of, or knowingly permit, participate in, or acquiesce in 25,412
the use of names or other information about disability assistance 25,413
applicants or recipients that is derived from the records, 25,414
papers, files, or communications of any government entity or 25,415
acquired in the course of performing official duties. Any use of 25,416
names or other information about disability assistance applicants 25,417
or recipients that is permitted by this division shall be in 25,418
accordance with the rules adopted by the state department. 25,419
Sec. 5115.05. The state department of human services shall 25,428
adopt rules establishing application and verification procedures, 25,429
reapplication procedures, and income, resource, citizenship, age, 25,430
residence, living arrangement, assistance group composition, and 25,431
other eligibility requirements for disability assistance. The 25,432
rules may provide for disregarding amounts of earned and unearned 25,433
597
income for the purpose of determining whether an assistance group 25,434
is eligible for assistance and the amount of assistance provided 25,435
under this chapter. The rules also may provide that the income 25,436
and resources, or a certain amount of the income and resources, 25,437
of a member of an assistance group's family group will be 25,439
included in determining whether the assistance group is eligible 25,440
for aid and the amount of aid provided under this chapter. 25,441
Unless the director of human services has provided for the 25,444
paying of assistance under this chapter by electronic benefit
transfer pursuant to section 5101.33 of the Revised Code, 25,445
accompanying the application in any county with a system of 25,446
direct deposit for payments of such assistance under this chapter 25,447
shall be the authorization form required by section 329.03 of the 25,448
Revised Code. If the FINANCIAL assistance UNDER THIS CHAPTER is 25,450
to be paid by the auditor of state through the medium of direct 25,451
deposit, the application shall be accompanied by an authorization 25,452
form on which the recipient states either of the following: 25,453
(A) His designation of a financial institution that is 25,456
equipped for electronic fund transfers and authorized by law to 25,457
accept direct deposits by electronic transfer and the account to 25,458
which he wishes his payments to be made by direct deposit; 25,460
(B) His election to receive such payments in the form of a 25,463
paper warrant INFORMATION THE AUDITOR NEEDS TO MAKE DIRECT 25,464
DEPOSITS.
The state department may require recipients of disability 25,466
assistance to participate in a reapplication process two months 25,467
after initial approval for assistance has been determined and at 25,468
such other times as the state department requires. 25,469
If a recipient of disability assistance, or the spouse of 25,471
or member of the assistance group of a recipient, becomes 25,472
possessed of resources or income in excess of the amount allowed 25,473
under rules adopted by the state department under this section, 25,474
or if other changes occur that affect the person's eligibility or 25,475
need for assistance, the recipient shall notify the state 25,476
598
department or county department of human services within the time 25,477
limits specified in the rules. Failure of a recipient to report 25,478
possession of excess resources or income or a change affecting 25,479
eligibility or need within those time limits shall be considered 25,480
prima-facie evidence of intent to defraud under section 5115.15 25,481
of the Revised Code. 25,482
Each applicant for or recipient of disability assistance 25,484
shall make reasonable efforts to secure support from persons 25,485
responsible for his THE APPLICANT'S OR RECIPIENT'S support, and 25,486
from other sources, as a means of preventing or reducing the 25,488
provision of disability assistance at public expense. The state 25,491
department or county department may provide assistance to the 25,492
applicant or recipient in securing other forms of financial or 25,493
medical assistance.
Notwithstanding section 3109.01 of the Revised Code, when a 25,495
disability assistance applicant or recipient who is at least 25,496
eighteen but under twenty-two years of age resides with his THE 25,497
APPLICANT'S OR RECIPIENT'S parents, the income of the parents 25,498
shall be taken into account in determining his THE APPLICANT'S OR 25,499
RECIPIENT'S financial eligibility. The state department shall 25,501
adopt rules for determining the amount of income to be attributed 25,502
to the assistance group of applicants in this age category. 25,503
(C) Any person who applies for assistance under this 25,505
section shall receive a voter registration application under 25,506
section 3503.10 of the Revised Code. 25,507
Sec. 5119.22. (A)(1) As used in this section: 25,516
(a) "Mental health agency" means a community mental health 25,518
agency as defined in division (H) of section 5122.01 of the 25,519
Revised Code, or a community mental health facility certified by 25,520
the department of mental health pursuant to division (I) of 25,521
section 5119.01 of the Revised Code. 25,522
(b) "Mental health services" means any of the services 25,524
listed in section 340.09 of the Revised Code. 25,525
(c) "Personal care services" means services including, but 25,527
599
not limited to, the following: 25,528
(i) Assisting residents with activities of daily living; 25,530
(ii) Assisting residents with self-administration of 25,532
medication in accordance with rules adopted under this section; 25,533
(iii) Preparing special diets, other than complex 25,535
therapeutic diets, for residents pursuant to the instructions of 25,536
a physician or a licensed dietitian, in accordance with rules 25,537
adopted under this section. 25,538
"Personal care services" does not include "skilled nursing 25,540
care" as defined in section 3721.01 of the Revised Code. A 25,541
facility need not provide more than one of the services listed in 25,542
division (A)(1)(c) of this section to be considered to be 25,543
providing personal care services. 25,544
(d) "Residential facility" means a publicly or privately 25,546
operated home or facility that provides one of the following: 25,547
(i) Room and board, personal care services, and mental 25,549
health services to one or more persons with mental illness or 25,550
persons with severe mental disabilities who are referred by or 25,551
are receiving mental health services from a mental health agency, 25,552
hospital, or practitioner; 25,553
(ii) Room and board and personal care services to one or 25,555
two persons with mental illness or persons with severe mental 25,556
disabilities who are referred by or are receiving mental health 25,557
services from a mental health agency, hospital, or practitioner; 25,558
(iii) Room and board to five or more persons with mental 25,560
illness or persons with severe mental disabilities who are 25,561
referred by or are receiving mental health services from a mental 25,562
health agency, hospital, or practitioner. 25,563
The following are not residential facilities: the 25,565
residence of a relative or guardian of a mentally ill individual, 25,566
a hospital subject to licensure under section 5119.20 of the 25,567
Revised Code, a residential facility as defined in section 25,568
5123.19 of the Revised Code, a facility providing care for a 25,569
child in the custody of a county department of human services, 25,570
600
county PUBLIC children services board, AGENCY or a private agency 25,572
certified under section 5103.03 of the Revised Code, a foster
care facility subject to section 5103.03 of the Revised Code, an 25,574
adult care facility subject to licensure under Chapter 3722. of 25,575
the Revised Code, and a nursing home, residential care facility, 25,577
or home for the aging subject to licensure under section 3721.02 25,578
of the Revised Code.
(2) Nothing in division (A)(1)(d) of this section shall be 25,580
construed to permit personal care services to be imposed on a 25,581
resident who is capable of performing the activity in question 25,582
without assistance. 25,583
(3) Except in the case of a residential facility described 25,585
in division (A)(1)(d)(i) of this section, members of the staff of 25,586
a residential facility shall not administer medication to 25,587
residents, all medication taken by residents of a residential 25,588
facility shall be self-administered, and no person shall be 25,589
admitted to or retained by a residential facility unless the 25,590
person is capable of taking his THE PERSON'S own medication and 25,591
biologicals, as determined in writing by the person's personal 25,592
physician. Members of the staff of a residential facility may do 25,593
any of the following: 25,594
(a) Remind a resident when to take medication and watch to 25,596
ensure that the resident follows the directions on the container; 25,597
(b) Assist a resident in the self-administration of 25,599
medication by taking the medication from the locked area where it 25,600
is stored, in accordance with rules adopted pursuant to this 25,601
section, and handing it to the resident. If the resident is 25,602
physically unable to open the container, a staff member may open 25,603
the container for the resident. 25,604
(c) Assist a physically impaired but mentally alert 25,606
resident, such as a resident with arthritis, cerebral palsy, or 25,607
Parkinson's disease, in removing oral or topical medication from 25,608
containers and in consuming or applying the medication, upon 25,609
request by or with the consent of the resident. If a resident is 25,610
601
physically unable to place a dose of medicine to his THE 25,611
RESIDENT'S mouth without spilling it, a staff member may place 25,612
the dose in a container and place the container to the mouth of 25,614
the resident.
(B) Every person operating or desiring to operate a 25,616
residential facility shall apply for licensure of the facility to 25,617
the department of mental health and shall send a copy of the 25,618
application to the board of alcohol, drug addiction, and mental 25,619
health services whose service district includes the county in 25,620
which the person operates or desires to operate a residential 25,621
facility. The board shall review such applications and recommend 25,622
approval or disapproval to the department. Each recommendation 25,623
shall be consistent with the board's community mental health 25,624
plan. 25,625
(C) The department of mental health shall inspect and 25,627
license the operation of residential facilities. The department 25,628
shall consider the past record of the facility and the applicant 25,629
or licensee in arriving at its licensure decision. The 25,630
department may issue full, probationary, and interim licenses. A 25,631
full license shall expire one year after the date of issuance, a 25,632
probationary license shall expire in a shorter period of time as 25,633
prescribed by rule adopted by the director of mental health 25,634
pursuant to Chapter 119. of the Revised Code, and an interim 25,635
license shall expire ninety days after the date of issuance. The 25,636
department may refuse to issue or renew and may revoke a license 25,637
if it finds the facility is not in compliance with rules adopted 25,638
by the department pursuant to division (G) of this section or if 25,639
any facility operated by the applicant or licensee has had 25,640
repeated violations of statutes or rules during the period of 25,641
previous licenses. Proceedings initiated to deny applications 25,642
for full or probationary licenses or to revoke such licenses are 25,643
governed by Chapter 119. of the Revised Code. 25,644
(D) The department may issue an interim license to operate 25,646
a residential facility if both of the following conditions are 25,647
602
met: 25,648
(1) The department determines that the closing of or the 25,650
need to remove residents from another residential facility has 25,651
created an emergency situation requiring immediate removal of 25,652
residents and an insufficient number of licensed beds are 25,653
available. 25,654
(2) The residential facility applying for an interim 25,656
license meets standards established for interim licenses in rules 25,657
adopted by the director under Chapter 119. of the Revised Code. 25,658
An interim license shall be valid for ninety days and may 25,660
be renewed by the director no more than twice. Proceedings 25,661
initiated to deny applications for or to revoke interim licenses 25,662
under this division are not subject to Chapter 119. of the 25,663
Revised Code. 25,664
(E) The department of mental health may conduct an 25,666
inspection of a residential facility: 25,667
(1) Prior to the issuance of a license to a prospective 25,669
operator; 25,670
(2) Prior to the renewal of any operator's license; 25,672
(3) To determine whether a facility has completed a plan 25,674
of correction required pursuant to this division and corrected 25,675
deficiencies to the satisfaction of the department and in 25,676
compliance with this section and rules adopted pursuant to it; 25,677
(4) Upon complaint by any individual or agency; 25,679
(5) At any time the director considers an inspection to be 25,681
necessary in order to determine whether a residential facility is 25,682
in compliance with this section and rules adopted pursuant to 25,683
this section. 25,684
In conducting inspections the department may conduct an 25,686
on-site examination and evaluation of the residential facility, 25,687
its personnel, activities, and services. The department shall 25,688
have access to examine all records, accounts, and any other 25,689
documents relating to the operation of the residential facility, 25,690
and shall have access to the facility in order to conduct 25,691
603
interviews with the operator, staff, and residents. Following 25,692
each inspection and review, the department shall complete a 25,693
report listing any deficiencies, and including, when appropriate, 25,694
a time table within which the operator shall correct the 25,695
deficiencies. The department may require the operator to submit 25,696
a plan of correction describing how the deficiencies will be 25,697
corrected. 25,698
(F) No person shall do any of the following: 25,700
(1) Operate a residential facility unless the facility 25,702
holds a valid license; 25,703
(2) Violate any of the conditions of licensure after 25,705
having been granted a license; 25,706
(3) Interfere with a state or local official's inspection 25,708
or investigation of a residential facility; 25,709
(4) Violate any of the provisions of this section or any 25,711
rules adopted pursuant to this section. 25,712
(G) The director shall adopt and may amend and rescind 25,714
rules pursuant to Chapter 119. of the Revised Code, prescribing 25,715
minimum standards for the health, safety, adequacy, and cultural 25,716
specificity and sensitivity of treatment of and services for 25,717
persons in residential facilities; establishing procedures for 25,718
the issuance, renewal or revocation of the licenses of such 25,719
facilities; establishing the maximum number of residents of a 25,720
facility; establishing the rights of residents and procedures to 25,721
protect such rights; and requiring an affiliation agreement 25,722
approved by the board between a residential facility and a mental 25,723
health agency. Such affiliation agreement must be consistent 25,724
with the residential portion of the community mental health plan 25,725
submitted pursuant to section 340.03 of the Revised Code. 25,726
(H) The department may investigate any facility that has 25,728
been reported to the department or that the department has 25,729
reasonable cause to believe is operating as a residential 25,730
facility without a valid license. 25,731
(I) The department may withhold the source of any 25,733
604
complaint reported as a violation of this act when the department 25,734
determines that disclosure could be detrimental to the 25,735
department's purposes or could jeopardize the investigation. The 25,736
department may disclose the source of any complaint if the 25,737
complainant agrees in writing to such disclosure and shall 25,738
disclose the source upon order by a court of competent 25,739
jurisdiction. 25,740
(J) The director of mental health may petition the court 25,742
of common pleas of the county in which a residential facility is 25,743
located for an order enjoining any person from operating a 25,744
residential facility without a license or from operating a 25,745
licensed facility when, in the director's judgment, there is a 25,746
real and present danger to the health or safety of any of the 25,747
occupants of the facility. The court shall have jurisdiction to 25,748
grant such injunctive relief upon a showing that the respondent 25,749
named in the petition is operating a facility without a license 25,750
or there is a real and present danger to the health or safety of 25,751
any residents of the facility. 25,752
(K) Whoever violates division (F) of this section or any 25,754
rule adopted under this section is liable for a civil penalty of 25,755
one hundred dollars for the first offense; for each subsequent 25,756
offense, such violator is liable for a civil penalty of five 25,757
hundred dollars. If the violator does not pay, the attorney 25,758
general, upon the request of the director of mental health, shall 25,759
bring a civil action to collect the penalty. Fines collected 25,760
pursuant to this section shall be deposited into the state 25,761
treasury to the credit of the mental health sale of goods and 25,762
services fund. 25,763
Sec. 5119.65. (A) No person, organization, or public or 25,772
private agency shall operate a shelter for runaway minors, except 25,773
the PUBLIC children services board or county department of human 25,774
services which has assumed the administration of child welfare 25,775
AGENCY, unless such person, organization, or agency complies with 25,776
sections 5119.64 to 5119.68 of the Revised Code and rules adopted 25,777
605
under such sections by the board of alcohol, drug addiction, and 25,778
mental health services serving the alcohol, drug addiction, and 25,779
mental health service district in which the shelter is located. 25,780
(B) Whoever violates division (A) of this section shall be 25,782
fined not less than five or more than five hundred dollars. 25,783
Sec. 5119.68. Each shelter for runaways shall submit to 25,792
the board of alcohol, drug addiction, and mental health services 25,793
serving the alcohol, drug addiction, and mental health service 25,795
district in which it is located such information as the board 25,796
requires concerning the operation of the shelter and compilations
of data concerning runaway minors and other individuals served by 25,797
the shelter.
The board shall, at least annually, send a list of shelters 25,799
in operation in the county to the juvenile court and to the 25,800
PUBLIC children services board or county department of human 25,802
services which has assumed the administration of child welfare in 25,803
the county AGENCY.
Sec. 5122.39. (A) Mentally ill minors shall remain under 25,812
the natural guardianship of their parents, notwithstanding 25,813
hospitalization pursuant to this chapter, unless parental rights 25,814
have been terminated pursuant to a court finding that the minor 25,815
is neglected or dependent. Where a mentally ill minor is found 25,816
to be dependent or neglected, the county PUBLIC children's 25,817
services board or the county department of human services which 25,818
has assumed the administration of child welfare AGENCY in the 25,819
county of residence has final guardianship authority and 25,820
responsibility.
(B) In no case shall the guardianship of a mentally ill 25,822
person be assigned to the chief medical officer or any staff 25,823
member of a hospital, board, or agency from which the person is 25,824
receiving mental health services.
Sec. 5123.93. Mentally retarded minors shall remain under 25,833
the guardianship of their parents or of a guardian appointed 25,834
pursuant to Chapter 2111. of the Revised Code, notwithstanding 25,835
606
institutionalization pursuant to any section of this chapter, 25,836
unless parental rights have been terminated pursuant to a court 25,837
finding that the child is neglected, abused, or dependent 25,838
pursuant to Chapter 2151. of the Revised Code. If a mentally 25,839
retarded minor has been found to be dependent, abused, or 25,840
neglected, the county children's PUBLIC CHILDREN services board 25,842
AGENCY to whom permanent custody has been assigned pursuant to 25,843
Chapter 2151. of the Revised Code shall have the same authority
and responsibility it would have if the child were not mentally 25,845
retarded and were not institutionalized. In no case shall the 25,846
guardianship of a mentally retarded person be assigned to the 25,847
managing officer or any other employee of an institution in which 25,848
the person is institutionalized. 25,849
Sec. 5139.18. (A) The department of youth services is 25,858
responsible for locating homes or jobs for children released from 25,859
its institutions, for supervision of children released from its 25,860
institutions, and for providing or arranging for the provision to 25,861
those children of appropriate services that are required to 25,862
facilitate their satisfactory community adjustment. 25,863
(B) The department of youth services shall exercise 25,865
general supervision over all children who have been released on 25,866
placement from any of the its institutions. The director of 25,867
youth services, with the consent and approval of the board of 25,868
county commissioners of any county, may contract with the 25,869
department of human services of that county, if the department 25,870
has assumed the administration of child welfare, the PUBLIC 25,871
children services board AGENCY of that county, the department of 25,872
probation of that county established pursuant to section 2301.27 25,873
of the Revised Code, or the probation department or service 25,874
established pursuant to sections 2151.01 to 2151.54 of the 25,875
Revised Code for the provision of direct supervision and control 25,876
over and the provision of supportive assistance to all children 25,877
who have been released on placement into that county from any of 25,878
its institutions, or, with the consent of the juvenile judge or 25,879
607
the administrative judge of the juvenile court of any county, 25,880
contract with any other public agency, institution, or 25,881
organization that is qualified to provide the care and 25,882
supervision that is required under the terms and conditions of 25,883
the child's treatment plan for the provision of direct 25,884
supervision and control over and the provision of supportive 25,885
assistance to all children who have been released on placement 25,886
into that county from any of its institutions. 25,887
(D)(C) Whenever any placement official has reasonable 25,889
cause to believe that any child has violated the terms and 25,890
conditions of his THE CHILD'S placement, the official may 25,891
request, in writing, from the committing court or transferee 25,893
court a custodial order, and, upon reasonable and probable cause, 25,894
the court may order any sheriff, deputy sheriff, constable, or 25,895
police officer to apprehend the child. A child so apprehended 25,896
may be confined in the detention home of the county in which he 25,897
THE CHILD is apprehended until further order of the court. 25,899
Sec. 5153.01. As (A) AS USED IN THE REVISED CODE, "PUBLIC 25,909
CHILDREN SERVICES AGENCY" MEANS AN ENTITY SPECIFIED IN SECTION 25,910
5153.02 OF THE REVISED CODE THAT HAS ASSUMED THE POWERS AND 25,912
DUTIES OF THE CHILDREN SERVICES FUNCTION PRESCRIBED BY THIS 25,913
CHAPTER FOR A COUNTY.
(B) AS used in sections 5153.01 to 5153.42 of the Revised 25,916
Code THIS CHAPTER:
(A)(1) "BABYSITTING CARE" MEANS CARE PROVIDED FOR A CHILD 25,918
WHILE THE PARENTS, GUARDIAN, OR LEGAL CUSTODIAN OF THE CHILD ARE 25,919
TEMPORARILY AWAY. 25,920
(2) "CERTIFIED FAMILY FOSTER HOME" MEANS A FAMILY FOSTER 25,922
HOME OPERATED BY A PERSON HOLDING A CERTIFICATE ISSUED PURSUANT 25,923
TO SECTION 5103.03 OF THE REVISED CODE THAT IS IN FULL FORCE AND 25,925
EFFECT.
(3) "CERTIFIED ORGANIZATION" MEANS ANY ORGANIZATION 25,927
HOLDING A CERTIFICATE ISSUED PURSUANT TO SECTION 5103.03 OF THE 25,929
REVISED CODE THAT IS IN FULL FORCE AND EFFECT.
608
(4) "Child" means any person under eighteen years of age 25,931
or a mentally or physically handicapped person, as defined by 25,932
rule of the department of human services, under twenty-one years 25,933
of age. 25,934
(B) "County department of human services" means a county 25,936
department of human services which has assumed the administration 25,937
of child welfare. 25,938
(C)(5) "Executive director" means the person charged with 25,940
the responsibility of administering the powers and duties of such 25,941
sections, whether he is A PUBLIC CHILDREN SERVICES AGENCY 25,942
appointed by the county children services board or by the county 25,944
director of human services, or whether the county director of 25,945
human services himself serves as such executive director PURSUANT 25,946
TO SECTION 5153.10 OF THE REVISED CODE.
(D) "Organization" means any institution, including 25,948
maternity homes and day nurseries, public, semipublic, or 25,949
private, and any private association, society, or agency, located 25,950
or operating in this state, incorporated or unincorporated, 25,951
having among its functions the furnishing of protective services 25,952
or care for children, or the placement of children in foster 25,953
homes or elsewhere. 25,954
(E) "Certified organization" means any organization 25,956
mentioned in division (D) of this section, holding a certificate 25,957
that is in full force and effect, issued pursuant to section 25,958
5103.03 of the Revised Code. 25,959
(F) "Foster home" means a family home in which any child 25,961
is received, apart from its parents, for care, supervision, or 25,962
training. 25,963
(G) "Certified family foster home" means a family foster 25,965
home operated by a person holding a certificate that is in full 25,966
force and effect, issued pursuant to section 5103.03 of the 25,967
Revised Code. 25,968
(H)(6) "Family foster home" means a private residence in 25,970
which children are received apart from their parents, guardian, 25,971
609
or legal custodian by an individual for hire, gain, or reward for 25,972
nonsecure care, supervision, or training twenty-four hours a day. 25,973
"Family foster home" does not include babysitting care provided 25,974
for a child in the home of a person other than the home of the 25,975
parents, guardian, or legal custodian of the child. 25,976
(I) "Babysitting care" means care provided for a child 25,978
while the parents, guardian, or legal custodian of the child are 25,979
temporarily away. 25,980
(J) "Public children services agency" has the same meaning 25,982
as in section 2151.011 of the Revised Code. 25,983
(7) "FOSTER HOME" MEANS A FAMILY HOME IN WHICH ANY CHILD 25,985
IS RECEIVED, APART FROM THE CHILD'S PARENTS, FOR CARE, 25,986
SUPERVISION, OR TRAINING. 25,987
(8) "ORGANIZATION" MEANS ANY PUBLIC, SEMIPUBLIC, OR 25,989
PRIVATE INSTITUTION, INCLUDING MATERNITY HOMES AND DAY NURSERIES, 25,990
AND ANY PRIVATE ASSOCIATION, SOCIETY, OR AGENCY, LOCATED OR 25,991
OPERATING IN THIS STATE, INCORPORATED OR UNINCORPORATED, HAVING 25,992
AMONG ITS FUNCTIONS THE FURNISHING OF PROTECTIVE SERVICES OR CARE 25,994
FOR CHILDREN OR THE PLACEMENT OF CHILDREN IN FOSTER HOMES OR 25,995
ELSEWHERE.
Sec. 5153.02. EACH COUNTY SHALL HAVE A PUBLIC CHILDREN 25,997
SERVICES AGENCY. ANY OF THE FOLLOWING MAY BE THE PUBLIC CHILDREN 25,998
SERVICES AGENCY: 25,999
(A) A COUNTY CHILDREN SERVICES BOARD; 26,002
(B) A COUNTY DEPARTMENT OF HUMAN SERVICES; 26,005
(C) A PRIVATE OR GOVERNMENT ENTITY DESIGNATED UNDER 26,008
SECTION 307.981 OF THE REVISED CODE. 26,010
Sec. 5153.08 5153.03. If a county children services board 26,019
is created pursuant to section 5153.07 of the Revised Code A 26,020
PUBLIC CHILDREN SERVICES AGENCY FOR A COUNTY, the board of county 26,022
commissioners shall appoint five members of the COUNTY CHILDREN 26,023
SERVICES board and for good cause may remove any member so 26,025
appointed. Each of these members shall be appointed for the term 26,026
of four years, but the board shall stagger their terms so that 26,027
610
the terms of not more than two of the required members of the 26,028
board expire in one year. The elected chairman CHAIRPERSON of 26,030
any citizens advisory committee established under section 26,031
5153.091 5153.05 of the Revised Code shall be an ex officio 26,033
voting member of the county children services board created 26,034
pursuant to section 5153.07 of the Revised Code. In addition to 26,035
the five members it is required to appoint, a board of county 26,036
commissioners of a county having less than one hundred thousand 26,037
population according to the last federal census may appoint up to 26,038
five or a board of county commissioners of a county having a 26,039
population of one hundred thousand or more according to such 26,040
census may appoint up to nine additional members of the county 26,041
children services board. If these additional members are
appointed, they shall be appointed for initial terms of one, two, 26,042
three or four years as will maintain balance in the expiration 26,043
dates of the members of the board. After the expiration of these 26,044
original terms, these additional members shall be appointed for 26,045
four-year terms. Any vacancy shall be filled in the same manner 26,046
as the original appointment. 26,047
Sec. 5153.09 5153.04. The A county children services board 26,057
APPOINTED UNDER SECTION 5153.03 OF THE REVISED CODE shall elect 26,058
one of its members as chairman CHAIRPERSON and another as
secretary. The chairman CHAIRPERSON may appoint committees 26,059
composed of board members and other persons interested in child 26,060
care. A majority of the members of the board shall constitute a 26,061
quorum, and the action of a majority of the members present shall 26,063
constitute the action of the board. The board shall meet at 26,064
least once a month, and called or adjourned meetings may be held 26,065
at any time, as the board determines. The board members shall 26,066
serve without compensation, but they shall be entitled to their 26,067
necessary expenses and shall be considered employees of the 26,068
county under section 325.20 of the Revised Code. Failure of any 26,069
member of the board to attend three consecutive regular meetings, 26,070
unless for reasons beyond his THE MEMBER'S control, or other 26,071
611
manifest indifference to the purposes or work of the board, shall 26,072
be cause for his THE MEMBER'S removal from such board. 26,073
Sec. 5153.091 5153.05. (A) Each IF A county children 26,083
services board, or in a county where the county department of 26,084
human services has assumed the administration of child welfare, 26,085
the county welfare advisory board, APPOINTED UNDER SECTION 26,086
5153.03 OF THE REVISED CODE IS A PUBLIC CHILDREN SERVICES AGENCY 26,087
FOR A COUNTY, THE BOARD may appoint a seven to twenty-one member 26,089
citizens AN advisory committee on children services to. IF AN 26,091
ENTITY SPECIFIED IN DIVISION (B) OR (C) OF SECTION 5153.02 OF THE 26,093
REVISED CODE IS A PUBLIC CHILDREN SERVICES AGENCY FOR A COUNTY, 26,094
THE BOARD OF COUNTY COMMISSIONERS MAY APPOINT AN ADVISORY 26,095
COMMITTEE ON CHILDREN SERVICES. IF APPOINTED, AN ADVISORY 26,096
COMMITTEE MAY do all of the following: 26,098
(1)(A) Further cooperation between the county PUBLIC 26,101
children services board or county department of human services 26,103
AGENCY and other child-caring agencies in the county; 26,105
(2)(B) Carry out studies of the effectiveness and need for 26,107
particular services to children in the county; 26,108
(3)(C) Advise the county PUBLIC children services board or 26,111
county department of human services AGENCY on policies pertaining 26,113
to the provision of services to children; 26,114
(4) Disseminate, to residents of the county, information 26,116
concerning services to children in the county. At least one 26,117
fourth of the members of the advisory committee shall be parents 26,118
of children who are or have been clients of the children services 26,120
board or county department of human services, or shall themselves 26,122
have been clients of the board or the county department. One 26,124
half, or as close to one half as is possible, of the initial
appointments shall be for one year terms and the balance of the 26,125
appointments shall be for two year terms. Subsequent 26,126
appointments shall be for two year terms. 26,127
(B) The citizens advisory committee on children services 26,129
shall elect one of its members as chairman and such other 26,131
612
officers as it considers necessary. The elected chairman shall 26,133
serve as an ex officio voting member of the county children 26,134
services board. The committee shall meet at least six times each
year. The first meeting shall be called by the executive 26,135
director of the county children services board, or, in a county 26,136
with no children services board, by the director of the county 26,137
department of human services no later than one hundred twenty 26,138
days after the initial appointments to the advisory committee. 26,139
The chairman shall convene all subsequent meetings, except that a 26,141
petition signed by one third of the members of the committee 26,142
shall be sufficient to convene a meeting of the committee. The 26,143
members of the committee shall serve without compensation. 26,144
Sec. 5153.10. The county children services board or the 26,153
county department of human services, which performs the duties 26,154
and exercises the powers set forth in sections 5153.16 to 5153.19 26,155
of the Revised Code, EACH PUBLIC CHILDREN SERVICES AGENCY shall 26,156
designate an executive officer known as the "executive director," 26,158
who shall not be in the classified civil service. The county 26,159
director of human services may serve as such executive director, 26,160
and it shall not be incompatible for such executive director and 26,161
the superintendent of the children's home to be the same person, 26,162
THE COUNTY DIRECTOR OF HUMAN SERVICES, OR OTHER INDIVIDUAL MAY 26,163
SERVE AS THE EXECUTIVE DIRECTOR.
The board or department AGENCY shall, from time to time, 26,165
inquire into community conditions affecting the welfare of 26,166
children and study the work of the board or department AGENCY and 26,167
its relation to the work of other organizations whose functions 26,169
are related to child welfare. The board or department AGENCY 26,170
may, after consultation with the executive director, adopt rules 26,172
of general application, not inconsistent with law or with the 26,173
rules of the department of human services. 26,174
Sec. 5153.11. The executive director shall administer the 26,183
work of the county PUBLIC children services board or county 26,184
department of human services AGENCY, subject to the rules of such 26,186
613
board or department THE AGENCY. With the approval of the board 26,187
or department AGENCY, the executive director shall appoint all 26,189
other employees except the superintendent of any institution 26,190
maintained by the board or department AGENCY. Such 26,191
superintendent shall appoint all employees in any such 26,193
institution.
Upon the advice of one or more reputable practicing 26,195
physicians, the executive director may consent to such medical, 26,196
dental, and surgical care, including surgery and the 26,197
administration of anesthetics, inoculations, and immunizations, 26,198
or other care as appears to be necessary for any child who is in 26,199
the temporary or permanent custody of such board or department 26,200
AGENCY. The executive director may also consent to the 26,202
enlistment of a ward of such board or department AGENCY into the 26,203
armed forces of the United States. 26,205
Sec. 5153.111. (A)(1) The executive director of a public 26,214
children services agency shall request the superintendent of the 26,215
bureau of criminal identification and investigation to conduct a 26,216
criminal records check with respect to any applicant who has 26,217
applied to the agency for employment as a person responsible for 26,218
the care, custody, or control of a child. If the applicant does 26,219
not present proof that the applicant has been a resident of this 26,220
state for the five-year period immediately prior to the date upon 26,221
which the criminal records check is requested or does not provide 26,222
evidence that within that five-year period the superintendent has 26,223
requested information about the applicant from the federal bureau 26,224
of investigation in a criminal records check, the executive 26,225
director shall request that the superintendent obtain information 26,226
from the federal bureau of investigation as a part of the 26,227
criminal records check for the applicant. If the applicant 26,228
presents proof that the applicant has been a resident of this 26,229
state for that five-year period, the executive director may 26,230
request that the superintendent include information from the 26,231
federal bureau of investigation in the criminal records check. 26,232
614
(2) Any person required by division (A)(1) of this section 26,234
to request a criminal records check shall provide to each 26,235
applicant a copy of the form prescribed pursuant to division 26,236
(C)(1) of section 109.572 of the Revised Code, provide to each 26,237
applicant a standard impression sheet to obtain fingerprint 26,238
impressions prescribed pursuant to division (C)(2) of section 26,239
109.572 of the Revised Code, obtain the completed form and 26,240
impression sheet from each applicant, and forward the completed 26,241
form and impression sheet to the superintendent of the bureau of 26,242
criminal identification and investigation at the time the person 26,243
requests a criminal records check pursuant to division (A)(1) of 26,244
this section. 26,245
(3) Any applicant who receives pursuant to division (A)(2) 26,247
of this section a copy of the form prescribed pursuant to 26,248
division (C)(1) of section 109.572 of the Revised Code and a copy 26,249
of an impression sheet prescribed pursuant to division (C)(2) of 26,250
that section and who is requested to complete the form and 26,251
provide a set of fingerprint impressions shall complete the form 26,252
or provide all the information necessary to complete the form and 26,253
shall provide the impression sheet with the impressions of the 26,254
applicant's fingerprints. If an applicant, upon request, fails 26,255
to provide the information necessary to complete the form or 26,256
fails to provide impressions of the applicant's fingerprints, 26,257
that agency shall not employ that applicant for any position for 26,258
which a criminal records check is required by division (A)(1) of 26,259
this section.
(B)(1) Except as provided in rules adopted by the 26,261
department of human services in accordance with division (E) of 26,262
this section, no public children services agency shall employ a 26,263
person as a person responsible for the care, custody, or control 26,264
of a child if the person previously has been convicted of or 26,265
pleaded guilty to any of the following: 26,266
(a) A violation of section 2903.01, 2903.02, 2903.03, 26,268
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34, 26,269
615
2905.01, 2905.02, 2905.05, 2907.02, 2907.03, 2907.04, 2907.05, 26,271
2907.06, 2907.07, 2907.08, 2907.09, 2907.21, 2907.22, 2907.23, 26,272
2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323, 2911.01, 26,273
2911.02, 2911.11, 2911.12, 2919.12, 2919.22, 2919.24, 2919.25, 26,274
2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.04, 2925.05, 26,275
2925.06, or 3716.11 of the Revised Code, a violation of section 26,276
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 26,277
have been a violation of section 2905.04 of the Revised Code as 26,278
it existed prior to July 1, 1996, had the violation occurred 26,279
prior to that date,, a violation of section 2925.11 of the 26,281
Revised Code that is not a minor drug possession offense, or 26,282
felonious sexual penetration in violation of former section 26,283
2907.12 of the Revised Code;
(b) A violation of an existing or former law of this 26,285
state, any other state, or the United States that is 26,286
substantially equivalent to any of the offenses or violations 26,287
described in division (B)(1)(a) of this section. 26,288
(2) A public children services agency may employ an 26,290
applicant conditionally until the criminal records check required 26,291
by this section is completed and the agency receives the results 26,292
of the criminal records check. If the results of the criminal 26,293
records check indicate that, pursuant to division (B)(1) of this 26,294
section, the applicant does not qualify for employment, the 26,295
agency shall release the applicant from employment. 26,296
(C)(1) Each public children services agency shall pay to 26,298
the bureau of criminal identification and investigation the fee 26,299
prescribed pursuant to division (C)(3) of section 109.572 of the 26,300
Revised Code for each criminal records check conducted in 26,301
accordance with that section upon the request pursuant to 26,302
division (A)(1) of this section of the executive director of the 26,303
agency. 26,304
(2) A public children services agency may charge an 26,306
applicant a fee for the costs it incurs in obtaining a criminal 26,307
616
records check under this section. A fee charged under this 26,308
division shall not exceed the amount of fees the agency pays 26,309
under division (C)(1) of this section. If a fee is charged under 26,310
this division, the agency shall notify the applicant at the time 26,311
of the applicant's initial application for employment of the 26,312
amount of the fee and that, unless the fee is paid, the agency 26,313
will not consider the applicant for employment. 26,314
(D) The report of any criminal records check conducted by 26,316
the bureau of criminal identification and investigation in 26,317
accordance with section 109.572 of the Revised Code and pursuant 26,318
to a request under division (A)(1) of this section is not a 26,319
public record for the purposes of section 149.43 of the Revised 26,320
Code and shall not be made available to any person other than the 26,321
applicant who is the subject of the criminal records check or the 26,322
applicant's representative, the public children services agency 26,323
requesting the criminal records check or its representative, and 26,324
any court, hearing officer, or other necessary individual 26,325
involved in a case dealing with the denial of employment to the 26,326
applicant.
(E) The department of human services shall adopt rules 26,328
pursuant to Chapter 119. of the Revised Code to implement this 26,329
section, including rules specifying circumstances under which a 26,330
public children services agency may hire a person who has been 26,331
convicted of an offense listed in division (B)(1) of this section 26,332
but who meets standards in regard to rehabilitation set by the 26,333
department. 26,334
(F) Any person required by division (A)(1) of this section 26,336
to request a criminal records check shall inform each person, at 26,337
the time of the person's initial application for employment, that 26,338
the person is required to provide a set of impressions of the 26,339
person's fingerprints and that a criminal records check is 26,340
required to be conducted and satisfactorily completed in 26,341
accordance with section 109.572 of the Revised Code if the person 26,342
comes under final consideration for appointment or employment as 26,343
617
a precondition to employment for that position. 26,344
(G) As used in this section: 26,346
(1) "Applicant" means a person who is under final 26,348
consideration for appointment or employment in a position with 26,349
the agency as a person responsible for the care, custody, or 26,350
control of a child. 26,351
(2) "Public children services agency" means the county 26,353
children services board or the county department of human 26,354
services that has assumed the administration of child welfare. 26,355
(3) "Criminal records check" has the same meaning as in 26,357
section 109.572 of the Revised Code. 26,358
(4)(3) "Minor drug possession offense" has the same 26,360
meaning as in section 2925.01 of the Revised Code. 26,362
Sec. 5153.12. All employees of the county PUBLIC children 26,371
services board or county department of human services AGENCY 26,373
shall be in the classified civil service. The board AGENCY may 26,375
establish compensation rates and vacation benefits for any of its 26,376
employees. Insofar as practicable, all employees holding 26,377
positions in the classified service, whose duties are transferred 26,378
by this section to the board or department AGENCY, shall be 26,380
continued, with like status, by the appointing authority before 26,382
any other appointments are made. Sections 5153.01 to 5153.42 of 26,384
the Revised Code THIS CHAPTER shall not affect the civil service
status of any employee. 26,385
Sec. 5153.13. Before entering upon his OFFICIAL duties, 26,394
the executive director shall give a bond to the county in such 26,396
sum as is fixed by the county PUBLIC children services board or 26,397
county department of human services AGENCY, with sufficient 26,399
surety, conditioned upon the faithful performance of his OFFICIAL 26,401
duties and the full and faithful accounting of all funds and 26,402
properties of the board or department AGENCY or county coming 26,403
into his THE EXECUTIVE DIRECTOR'S hands. Before entering upon 26,405
such duties, he THE EXECUTIVE DIRECTOR shall give a bond to the 26,406
probate court, with sufficient surety, conditioned upon the full 26,408
618
and faithful accounting of all trust funds which he THE EXECUTIVE 26,409
DIRECTOR holds on behalf of wards. The amount of such bond shall 26,410
be determined by the court and may be modified by the court, 26,411
provided that the minimum amount of the bond shall be five 26,413
thousand dollars.
The board or department AGENCY may require any other 26,415
employee thereof, including the superintendent of the children's 26,416
home, having custody or control of funds or property, to give 26,417
bond to the county, in such sum as the board determines, with 26,418
sufficient surety, conditioned upon the faithful performance of 26,419
the duties of such employee and the full and faithful accounting 26,420
of any funds and properties coming into his THE EMPLOYEE'S hands. 26,421
The cost of such bonds shall be paid by the board or department 26,422
AGENCY. 26,423
Sec. 5153.131. A county PUBLIC children services board 26,432
AGENCY may procure a policy or policies of insurance insuring 26,434
board members, employees of the board AGENCY, volunteers, or 26,436
foster parents associated with the board, AGENCY, AND, IF A 26,437
COUNTY CHILDREN SERVICES BOARD IS THE PUBLIC CHILDREN SERVICES 26,438
AGENCY, BOARD MEMBERS against liability arising from the 26,440
performance of their official duties.
Sec. 5153.14. The executive director shall prepare and 26,449
submit an annual report to the county PUBLIC children services 26,451
board or to the county department of human services AGENCY at the 26,453
end of each calendar year and shall file copies of such report 26,454
with the department of human services, the board of county 26,455
commissioners, and the juvenile court. The executive director 26,456
shall submit the inspection reports required under section 26,458
5153.16 of the Revised Code and such other reports as are 26,459
required by law, by the rules of the department of human
services, or by the board of county commissioners to specified 26,460
governmental bodies and officers and shall provide reports to the 26,462
public, when so authorized.
Sec. 5153.16. (A) As used in this section and section 26,471
619
5153.164 of the Revised Code, "child care facility" means a 26,472
public twenty-four-hour residential facility for six or more 26,473
children. 26,474
(B) Subject to the rules and standards of the state 26,476
department of human services and on behalf of children in the 26,477
county whom the PUBLIC children services agency considers to be 26,478
in need of public care or protective services, the public 26,480
children services agency shall do all of the following: 26,481
(1) Make an investigation concerning any child alleged to 26,483
be an abused, neglected, or dependent child; 26,484
(2) Enter into agreements with the parent, guardian, or 26,486
other person having legal custody of any child, or with the state 26,488
department of human services, department of mental health,
department of mental retardation and developmental disabilities, 26,489
other department, any certified organization within or outside 26,490
the county, or any agency or institution outside the state, 26,491
having legal custody of any child, with respect to the custody, 26,492
care, or placement of any child, or with respect to any matter, 26,494
in the interests of the child, provided the permanent custody of 26,495
a child shall not be transferred by a parent to the public 26,496
children services agency without the consent of the juvenile 26,497
court;
(3) Accept custody of children committed to the public 26,499
children services agency by a court exercising juvenile 26,501
jurisdiction;
(4) Provide such care as the public children services 26,504
agency considers to be in the best interests of any child 26,505
adjudicated to be an abused, neglected, or dependent child the 26,506
agency finds to be in need of public care or service; 26,507
(5) Provide social services to any unmarried girl 26,509
adjudicated to be an abused, neglected, or dependent child who is 26,511
pregnant with or has been delivered of a child; 26,512
(6) Make available to the bureau for children with medical 26,514
handicaps of the department of health at its request any 26,515
620
information concerning a crippled child found to be in need of 26,516
treatment under sections 3701.021 to 3701.028 of the Revised Code 26,517
who is receiving services from the public children services 26,519
agency;
(7) Provide temporary emergency care for any child 26,521
considered by the public children services agency to be in need 26,523
of such care, without agreement or commitment; 26,524
(8) Find family foster homes, within or outside the 26,526
county, for the care of children, including handicapped children 26,527
from other counties attending special schools in the county; 26,528
(9) Subject to the approval of the board of county 26,530
commissioners and the state department of human services, 26,531
establish and operate a training school or enter into an 26,532
agreement with any municipal corporation or other political 26,533
subdivision of the county respecting the operation, acquisition, 26,534
or maintenance of any children's home, training school, or other 26,535
institution for the care of children maintained by such municipal 26,536
corporation or political subdivision; 26,537
(10) Acquire and operate a county children's home, 26,539
establish, maintain, and operate a receiving home for the 26,540
temporary care of children, or procure family foster homes for 26,541
this purpose; 26,542
(11) Enter into an agreement with the trustees of any 26,544
district children's home, respecting the operation of the 26,545
district children's home in cooperation with the other county 26,546
boards in the district; 26,547
(12) Cooperate with, make its services available to, and 26,549
act as the agent of persons, courts, the department of human 26,550
services, the department of health, and other organizations 26,551
within and outside the state, in matters relating to the welfare 26,552
of children, except that the public children services agency 26,553
shall not be required to provide supervision of or other services 26,554
related to the exercise of companionship or visitation rights 26,555
granted pursuant to section 3109.051, 3109.11, or 3109.12 of the 26,556
621
Revised Code unless a juvenile court, pursuant to Chapter 2151. 26,557
of the Revised Code, or a common pleas court, pursuant to 26,558
division (E)(6) of section 3113.31 of the Revised Code, requires 26,559
the provision of supervision or other services related to the 26,561
exercise of the companionship or visitation rights;
(13) Make investigations at the request of any 26,563
superintendent of schools in the county or the principal of any 26,564
school concerning the application of any child adjudicated to be 26,565
an abused, neglected, or dependent child for release from school, 26,566
where such service is not provided through a school attendance 26,567
department;
(14) Administer funds provided under Title IV-E of the 26,569
"Social Security Act," 94 Stat. 501 (1980), 42 U.S.C.A. 671, as 26,570
amended, in accordance with rules adopted by the state department 26,571
of human services under section 5101.141 of the Revised Code; 26,572
(15) In addition to administering Title IV-E adoption 26,574
assistance funds, enter into agreements to make adoption 26,575
assistance payments under section 5153.163 of the Revised Code; 26,576
(16) On or before the fifteenth day of April of each year, 26,578
conduct, or contract with an independent contractor to conduct, 26,579
an annual evaluation of the services provided by the public 26,580
children services agency to children under its care, including, 26,582
but not limited to, services provided in child care facilities 26,583
during the previous calendar year under the plan required by
division (D)(E) of section 5101.14 of the Revised Code; 26,584
(17) Implement a system of risk assessment, in accordance 26,586
with rules adopted by the state department of human services, to 26,587
assist the public children services agency in determining the 26,588
risk of abuse or neglect to a child; 26,589
(18) ENTER INTO A PLAN OF COOPERATION WITH THE BOARD OF 26,591
COUNTY COMMISSIONERS UNDER SECTION 307.983 OF THE REVISED CODE 26,593
AND COMPLY WITH THE PARTNERSHIP AGREEMENT THE BOARD ENTERS INTO 26,594
UNDER SECTION 307.98 OF THE REVISED CODE AND CONTRACTS THE BOARD
ENTERS INTO UNDER SECTIONS 307.981 AND 307.982 OF THE REVISED 26,595
622
CODE THAT AFFECT THE PUBLIC CHILDREN SERVICES AGENCY. 26,596
(C) The public children services agency shall use the 26,598
system implemented pursuant to division (B)(17) of this section 26,599
in connection with an investigation undertaken pursuant to 26,600
division (F)(1) of section 2151.421 of the Revised Code and may 26,602
use the system at any other time the agency is involved with any
child when the agency determines that risk assessment is 26,603
necessary.
(D) Subject to the IN ACCORDANCE WITH rules and standards 26,606
of the state department of human services and on behalf of 26,607
children in the county whom the public children services agency 26,608
considers to be in need of public care or protective services, 26,609
the public children services agency may provide DO THE FOLLOWING: 26,610
(1) PROVIDE or find, with other child serving systems, 26,613
treatment foster care for the care of children in a treatment 26,614
foster home, as defined in section 2151.011 5103.02 of the 26,615
Revised Code; 26,616
(2)(a) EXCEPT AS LIMITED BY DIVISIONS (C)(2)(b) AND (c) OF 26,620
THIS SECTION, CONTRACT WITH THE FOLLOWING FOR THE PURPOSE OF 26,621
ASSISTING THE AGENCY WITH ITS DUTIES: 26,622
(i) COUNTY DEPARTMENTS OF HUMAN SERVICES; 26,624
(ii) BOARDS OF ALCOHOL, DRUG ADDICTION, AND MENTAL HEALTH 26,627
SERVICES;
(iii) COUNTY BOARDS OF MENTAL RETARDATION AND 26,629
DEVELOPMENTAL DISABILITIES; 26,630
(iv) REGIONAL COUNCILS OF POLITICAL SUBDIVISIONS 26,632
ESTABLISHED UNDER CHAPTER 167. OF THE REVISED CODE; 26,635
(v) PRIVATE AND GOVERNMENT PROVIDERS OF SERVICES; 26,638
(vi) MANAGED CARE ORGANIZATIONS AND PREPAID HEALTH PLANS. 26,641
(b) A PUBLIC CHILDREN SERVICES AGENCY CONTRACT UNDER 26,644
DIVISION (C)(2)(a) OF THIS SECTION REGARDING THE AGENCY'S DUTIES 26,646
UNDER SECTION 2151.421 OF THE REVISED CODE MAY NOT PROVIDE FOR 26,648
THE ENTITY UNDER CONTRACT WITH THE AGENCY TO PERFORM ANY SERVICE 26,649
NOT AUTHORIZED BY THE DEPARTMENT'S RULES. 26,650
623
(c) ONLY A COUNTY CHILDREN SERVICES BOARD APPOINTED UNDER 26,653
SECTION 5153.03 OF THE REVISED CODE THAT IS A PUBLIC CHILDREN 26,655
SERVICES AGENCY MAY CONTRACT UNDER DIVISION (C)(2)(a) OF THIS 26,658
SECTION. IF AN ENTITY SPECIFIED IN DIVISION (B) OR (C) OF 26,660
SECTION 5153.02 OF THE REVISED CODE IS THE PUBLIC CHILDREN 26,662
SERVICES AGENCY FOR A COUNTY, THE BOARD OF COUNTY COMMISSIONERS 26,663
MAY ENTER INTO CONTRACTS PURSUANT TO SECTION 307.982 OF THE 26,665
REVISED CODE REGARDING THE AGENCY'S DUTIES. 26,667
Sec. 5153.161. Care provided by the county PUBLIC children 26,676
services board or county department of human services AGENCY 26,678
under division (B)(4) of section 5153.16 of the Revised Code 26,680
shall be provided by the board or county department AGENCY, by 26,681
its own means or through other available resources, in the 26,682
child's own home, in the home of a relative, or in a certified 26,683
family foster home, any other home approved by the court, 26,684
receiving home, school, hospital, convalescent home, or other 26,685
public or private institution within or outside the county or 26,686
state.
Sec. 5153.162. Pursuant to an agreement entered into under 26,695
division (B)(9) of section 5153.16 of the Revised Code respecting 26,696
the operation, acquisition, or maintenance of a children's home, 26,697
training school, or other institution for the care of children 26,698
maintained by a municipal corporation or other political 26,699
subdivision, the county PUBLIC children services board or county 26,701
department of human services AGENCY may acquire, operate, and 26,702
maintain such an institution. The board or county department 26,704
AGENCY may enter into an agreement with a municipal corporation, 26,706
a board of education, and the board of county commissioners, or 26,707
with any one of them, to provide for the maintenance and 26,708
operation of children's training schools. The agreement may 26,709
provide for the contribution of funds by the municipal 26,710
corporation, board of education, or board of county 26,711
commissioners, in such proportions and amounts as the agreement 26,712
states. The agreement also may provide for the operation and 26,713
624
supervision of the training school by any one of them, or by the 26,714
joint action of two or more of them, provided that municipal 26,715
corporations, boards of education, and boards of county 26,716
commissioners may expend moneys from their general funds for 26,717
maintaining and operating the joint children's training school. 26,718
Sec. 5153.163. (A) As used in this section: 26,727
(1) "Adoptive, "ADOPTIVE parent" means, as the context 26,730
requires, a prospective adoptive parent or an adoptive parent. 26,731
(2) "Public children services agency" has the same meaning 26,734
as in section 2151.011 of the Revised Code. 26,735
(B)(1) If a public children services agency considers a 26,739
child with special needs residing in the county served by the
agency to be in need of public care or protective services and 26,740
all of the following apply, the agency shall enter into an 26,741
agreement with the child's adoptive parent before the child is 26,742
adopted under which the agency shall make payments as needed on 26,743
behalf of the child: 26,744
(a) The adoptive parent has the capability of providing 26,746
the permanent family relationships needed by the child in all 26,747
areas except financial need as determined by the agency; 26,748
(b) The needs of the child are beyond the economic 26,750
resources of the adoptive parent as determined by the agency; 26,752
(c) The agency determines the acceptance of the child as a 26,755
member of the adoptive parent's family would not be in the 26,756
child's best interest without payments on the child's behalf 26,757
under this section.
(2) Payments to an adoptive parent under division (B) of 26,759
this section shall include medical, surgical, psychiatric, 26,760
psychological, and counseling expenses, and may include 26,761
maintenance costs if necessary and other costs incidental to the 26,762
care of the child. No payment of maintenance costs shall be made 26,763
under division (B) of this section on behalf of a child if either 26,765
of the following apply:
(a) The gross income of the adoptive parent's family 26,767
625
exceeds one hundred twenty per cent of the median income of a 26,768
family of the same size, including the child, as most recently 26,769
determined for this state by the secretary of health and human 26,770
services under Title XX of the "Social Security Act," 88 Stat. 26,771
2337, 42 U.S.C.A. 1397, as amended; 26,772
(b) The child is eligible for adoption assistance payments 26,775
for maintenance costs under Title IV-E of the "Social Security 26,776
Act," 94 Stat. 501 (1980), 42 U.S.C.A. 671, as amended. 26,777
Payments under division (B) of this section may begin 26,779
either before or after issuance of the final adoption decree, 26,780
except that payments made before issuance of the final adoption 26,781
decree may be made only while the child is living in the adoptive 26,782
parent's home. Preadoption payments may be made for not more 26,783
than twelve months, unless the final adoption decree is not 26,784
issued within that time because of a delay in court proceedings. 26,785
Payments that begin before issuance of the final adoption decree 26,786
may continue after its issuance.
(C) If a public children services agency considers a child 26,789
residing in the county served by the agency to be in need of 26,790
public care or protective services and both of the following 26,791
apply, the agency may, and to the extent state funds are 26,792
appropriated for this purpose shall, enter into an agreement with 26,793
the child's adoptive parent after the child is adopted under 26,795
which the agency shall make payments on behalf of the child as
needed: 26,796
(1) The child has a physical or developmental handicap or 26,798
mental or emotional condition that either: 26,799
(a) Existed before the adoption petition was filed; 26,801
(b) Developed after the adoption petition was filed and 26,804
can be attributed to factors in the child's preadoption
background, medical history, or biological family's background or 26,805
medical history. 26,806
(2) The agency determines the expenses necessitated by the 26,808
child's handicap or condition are beyond the adoptive parent's 26,809
626
economic resources. 26,810
Payments to an adoptive parent under this division shall 26,812
include medical, surgical, psychiatric, psychological, and 26,813
counseling expenses, but shall not include maintenance costs. 26,814
(D) No payment shall be made under division (B) or (C) of 26,816
this section on behalf of any person twenty-one years of age or 26,817
older. Payments under those divisions shall be made in 26,818
accordance with the terms of the agreement between the public 26,819
children services agency and the adoptive parent, subject to an 26,820
annual redetermination of need. The agency may use sources of 26,822
funding in addition to any state funds appropriated for the 26,823
purposes of those divisions.
The department of human services shall adopt rules in 26,826
accordance with Chapter 119. of the Revised Code that are needed 26,827
to implement this section. The rules shall establish all of the 26,828
following:
(1) The application process for payments under this 26,830
section;
(2) The method to determine the amounts and kinds of 26,832
assistance payable under this section; 26,833
(3) The definition of "child with special needs" for this 26,835
section.
The rules shall allow for payments for children placed by 26,837
nonpublic agencies. 26,838
(E) No public children services agency shall, pursuant to 26,840
either section 2151.353 or 5103.15 of the Revised Code, place or 26,841
maintain a child with special needs who is in the permanent 26,842
custody of an institution or association certified by the 26,844
department of human services under section 5103.03 of the Revised 26,845
Code in a setting other than with a person seeking to adopt the
child, unless the agency has determined and redetermined at 26,847
intervals of not more than six months the impossibility of
adoption by a person listed pursuant to division (B), (C), or (D) 26,848
of section 5103.154 of the Revised Code, including the 26,849
627
impossibility of entering into a payment agreement with such a 26,851
person. The agency so maintaining such a child shall report its 26,852
reasons for doing so to the department of human services. No 26,854
agency that fails to so determine, redetermine, and report shall 26,855
receive more than fifty per cent of the state funds to which it 26,856
would otherwise be eligible for that part of the fiscal year 26,857
following placement under section 5101.14 of the Revised Code. 26,858
Sec. 5153.164. (A) The evaluation for each child care 26,867
facility under division (B)(16) of section 5153.16 of the Revised 26,868
Code shall determine all of the following: 26,869
(1) Whether resident children receive competent and 26,871
adequate care, protection, treatment, and supervision from the 26,872
staff and employees of the facility, or are mistreated, 26,873
neglected, or otherwise abused by those personnel; 26,874
(2) Whether resident children receive wholesome and 26,876
well-balanced meals, ample clothing and wearing apparel, 26,877
sufficient linens and toiletries, and other similar items 26,878
necessary for their health, hygiene, and physical or mental 26,879
development; 26,880
(3) Whether resident children receive appropriate public 26,882
education in accordance with the Revised Code; 26,883
(4) Whether resident children receive adequate 26,885
recreational opportunities; 26,886
(5) Whether resident children receive instruction and 26,888
training under section 3737.73 of the Revised Code with respect 26,889
to emergency fire and tornado procedures. 26,890
(B) The results of the annual evaluation shall be 26,892
submitted in writing to the board of county commissioners, the 26,893
citizens advisory committee on children's services, if any, and 26,894
the state department of human services. Any person may purchase 26,895
a copy of the report upon the payment of a reasonable fee to the 26,896
county PUBLIC children services board or county department of 26,897
human services AGENCY sufficient in amount to cover the costs of 26,899
publication. 26,900
628
(C) If any evaluation conducted by the county PUBLIC 26,902
children services board or county department of human services 26,903
AGENCY reveals that a child care facility operated by the board 26,905
or county department AGENCY does not satisfactorily meet one or 26,906
more of the criteria specified in division (A) of this section, 26,907
the board or county department AGENCY shall order the individual 26,908
in charge of the facility to remedy inadequate conditions or to 26,910
institute activities or programs to comply with the criteria 26,911
immediately. The power of county A PUBLIC children services 26,912
boards or county departments of human services AGENCY to issue 26,914
corrective orders under this division does not affect the powers 26,916
of other state, county, and municipal governmental bodies or 26,917
officers to issue corrective orders. 26,918
Sec. 5153.165. (A) If a family is encountering an 26,927
emergency that could lead, or has led, to removal of a child from 26,929
the family's home pursuant to Chapter 2151. of the Revised Code, 26,930
the county PUBLIC children services board or county department of 26,932
human services that has assumed the administration of child
welfare AGENCY shall determine whether the child could remain 26,933
safely with, or be safely returned to, the family if the 26,935
emergency were alleviated by providing family emergency 26,936
assistance AND SERVICES under this section THE PREVENTION, 26,938
RETENTION, AND CONTINGENCY COMPONENT OF THE OHIO WORKS FIRST 26,939
PROGRAM ESTABLISHED UNDER SECTION 5107.04 OF THE REVISED CODE. 26,940
If it is determined that the child could remain safely with, or 26,942
be safely returned to, the family, the board or county department 26,943
AGENCY, with the cooperation of the child's family, shall 26,944
determine the amount of family emergency assistance AND SERVICES 26,945
necessary to prevent the removal of the child from the home, or 26,948
to permit the child's return to the home and may provide the 26,950
assistance. In the case of a child who is still with the family, 26,954
the assistance may be provided at any time after the family
submits an application requesting the assistance. In the case of 26,955
a child who has been removed from the family's home, the board or 26,956
629
county department may provide the assistance if the family 26,957
submits an application requesting the assistance not more than 26,958
six months after the child was removed. Funding for assistance 26,959
provided under this section is limited to the one hundred
eighty-day period following the date of application. 26,960
(B) The department of human services may, through the 26,962
family emergency assistance program established under section 26,963
5107.16 of the Revised Code, provide funding for the assistance 26,964
provided under this section. The department shall submit to the 26,965
United States secretary of health and human services any 26,966
amendments to the state plan for aid to dependent children
prepared in accordance with section 5107.02 of the Revised Code 26,967
that are necessary to provide the funding. Each board or county 26,968
department shall provide nonfederal funds to match the federal 26,970
funds received through the family emergency assistance program 26,972
for assistance provided under this section. The nonfederal funds 26,973
shall be in addition to the county share required under sections 26,976
5101.16 and 5101.161 AND SERVICES PURSUANT TO A PLAN OF 26,977
COOPERATION ENTERED INTO UNDER SECTION 307.983 of the Revised 26,980
Code.
Sec. 5153.17. The county PUBLIC children services board or 26,989
county department of human services AGENCY shall prepare and keep 26,991
written records of investigations of families, children, and 26,992
foster homes, and of the care, training, and treatment afforded 26,993
children, and shall prepare and keep such other records as are 26,994
required by the department of human services. Such records shall 26,995
be confidential, but, except as provided by division (B) of 26,996
section 3107.17 of the Revised Code, shall be open to inspection 26,997
by the board or department of human services AGENCY, the director 26,999
of the county department of human services, and by other persons,
upon the written permission of the executive secretary. 27,000
Sec. 5153.18. (A) The county PUBLIC children services 27,009
board or county department of human services AGENCY shall have 27,011
the capacity possessed by natural persons to institute 27,012
630
proceedings in any court. 27,013
(B) When appointed by the probate court exercising 27,015
jurisdiction in adoption proceedings, the executive director may 27,016
act as next friend of any child and perform the duties of such 27,017
next friend. 27,018
(C) When appointed by the probate court, in lieu of a 27,020
guardian, in accordance with section 2111.05 of the Revised Code: 27,021
(1) The executive director may act as trustee of the 27,023
estate of any ward, provided such an estate does not exceed one 27,024
thousand dollars in value. 27,025
(2) The executive director may also act as trustee, on 27,027
behalf of any ward, of periodic payments of not more than 27,028
twenty-five dollars per week of which such ward is entitled as a 27,029
claimant pursuant to the terms of any insurance policy, annuity, 27,030
pension, benefit, or allowance, governmental or private. 27,031
(3) Such director shall administer all trusteeships in 27,033
accordance with the laws relating to fiduciaries. 27,034
The funds of any such trusteeship shall not be mingled with 27,036
other moneys of the board or department AGENCY or of the county. 27,037
The cost of any such trusteeship shall be paid out of the funds 27,039
of the trust, but no fee shall be allowed to the executive 27,040
director as such trustee. At least once a year, or more often if 27,041
required by the probate court, the executive director shall make 27,042
a complete report and accounting to the board or to the 27,043
department AGENCY as to the disposition of all trust funds 27,044
administered by him THE EXECUTIVE DIRECTOR during the year. 27,046
Sec. 5153.19. The county PUBLIC children services board or 27,055
county department of human services AGENCY shall, before entering 27,058
into any agreement obligating the board or department AGENCY with 27,060
respect to the care of any child, determine the ability of the 27,061
child, parent, guardian, or other person to pay for the cost of 27,062
such care, having due regard for other dependents. Such 27,063
determination shall, if accepted by the parent, guardian, or 27,064
other person, be made a part of such agreement. If the executive 27,066
631
director has been appointed in lieu of a guardian and is acting
as trustee of the estate of the child, such determination shall 27,067
be subject to the approval of the probate court. 27,068
Sec. 5153.20. The cost of care furnished by the county 27,077
PUBLIC children services board, by AGENCY OR the board of county 27,078
commissioners, or by the county department of human services, to 27,080
any child having a legal residence in another county, shall be 27,081
charged to the county of legal residence. No expense shall be 27,082
incurred by the county children services board, by AGENCY OR the 27,083
board of county commissioners, or by the department, on account 27,086
of such care, except for temporary or emergency care, without the 27,087
consent of the county children services board, AGENCY OR board of 27,088
county commissioners, or department of such other county, or as 27,090
provided by this section. If such consent cannot be obtained the 27,091
county children services board, board of county commissioners, or 27,092
department may file a petition in the court of common pleas of 27,093
the county in which the child is found for a determination of 27,094
legal residence of such child. Summons in such a proceeding shall 27,095
be served, as in other civil actions, upon the board of county 27,096
commissioners and the executive director of the county children 27,097
services board or on the county department of human services 27,098
AGENCY of the county alleged to be the county of legal residence, 27,099
but the answer day shall be the tenth day after the issuance of 27,100
such summons. The return day shall be the fifth day after 27,101
issuance of the summons. The cause shall be set for hearing not 27,102
less than ten nor more than thirty days after the issuance of the 27,103
summons. The finding and determination by the court upon such 27,104
application, subject to the right of appeal, shall be final and 27,105
conclusive as to the county chargeable under this section with 27,106
the costs of the care of such child. The board of county 27,107
commissioners out of its general funds shall reimburse the county 27,108
children services board or department AGENCY furnishing such 27,109
care, upon receipt of itemized statements. 27,110
Any moneys received by the county children services board 27,112
632
or department AGENCY furnishing such care from persons liable for 27,113
the cost of any part of such care, by agreement or otherwise, 27,115
shall be credited to the county of legal residence. 27,116
The county children services board or department AGENCY may 27,118
remove and deliver any child, having legal residence in another 27,120
county in Ohio and deemed to be in need of public care, to the 27,121
county PUBLIC children services board or department AGENCY of the 27,123
county of legal residence. All cost incidental to the 27,125
transportation of such child and of any escort required shall be 27,126
paid by the county PUBLIC children services board or department 27,128
AGENCY which delivers back the child. With the approval of the 27,130
department of human services, any child whose legal residence has 27,131
been found to be in another state or country may be transferred 27,132
to the department for return to the place of legal residence, or 27,133
such child may be returned by the county children services board 27,134
or department AGENCY. All costs incidental to the transportation 27,136
of such child and of any escort required shall be paid by the 27,137
department of human services if it returns the child, otherwise 27,138
the cost shall be paid by the county children services board or 27,139
department AGENCY, subject in either case to such reimbursement 27,141
as may be obtained from the responsible persons or authorities of 27,142
the place of legal residence. The department of human services 27,143
may enter into agreements with the authorities of other states 27,144
relative to the placement and return of children. 27,145
Sec. 5153.21. The board of county commissioners may 27,154
establish a children's home upon the recommendation of the county 27,155
PUBLIC children services board or county department of human 27,157
services AGENCY and subject to the approval of CERTIFICATION BY 27,158
the department of human services UNDER SECTION 5103.03 OF THE 27,160
REVISED CODE.
Sec. 5153.22. If there is no children's home in the county 27,169
or if the facilities for institutional care are inadequate, the 27,170
county PUBLIC children services board or county department of 27,172
human services AGENCY may, subject to the approval of the 27,174
633
department of human services and the board of county
commissioners, enter into an agreement with the county PUBLIC 27,175
children services board or department AGENCY OF, or a certified 27,177
organization located in, another county, or with the board of
trustees of any district or semipublic children's home, or with 27,179
any agency or institution outside the state for the furnishing of 27,180
institutional care to children of the county. 27,181
Sec. 5153.23. The superintendent of the county children's 27,190
home shall control, manage, operate, and have general charge of 27,191
such home, subject to the rules, standards, and orders of the 27,192
county PUBLIC children services board or county department of 27,194
human services AGENCY.
Sec. 5153.25. The superintendent of the county children's 27,203
home may provide and carry on, in connection with a children's 27,205
home, such industrial, agricultural, and other pursuits for the 27,206
children in such home as are deemed expedient by the county 27,208
PUBLIC children services board or county department of human 27,209
services AGENCY. Any products of such pursuits not needed to 27,211
maintain the home may be sold, and all receipts from such sales 27,212
shall be paid into the county treasury.
Sec. 5153.26. At the request of the superintendent of the 27,221
county children's home, the county PUBLIC children services board 27,222
or county department of human services AGENCY may issue orders 27,225
upon the county auditor for the payment to such superintendent of 27,227
a sum, not exceeding two hundred dollars at any one time, to be
designated the fund for the payment of emergency accounts, and to 27,228
be used and accounted for by the superintendent. The amounts so 27,229
paid in any year, after the first full year of operation, shall 27,230
not exceed twenty per cent of the total expenditures for such 27,231
children's home during the preceding year.
Sec. 5153.27. A county PUBLIC children services board or a 27,240
county department of human services AGENCY operating a children's 27,243
home or other institution is subject to sections 5103.03 and 27,245
5103.04 of the Revised Code respecting certification by the 27,246
634
department of human services.
Sec. 5153.28. Boards of township trustees, the 27,255
superintendent of any county home, and other officers and 27,256
employees of any county, municipal corporation, or other 27,258
political subdivisions of the state shall make a report to the
county PUBLIC children services board or county department of 27,260
human services AGENCY respecting any child in the county coming 27,262
to their attention, who is deemed to be in need of public care. 27,263
No child shall be kept or maintained in any county home, 27,265
except with the approval of the board or department PUBLIC 27,266
CHILDREN SERVICES AGENCY of such county. 27,267
Sec. 5153.29. The board of county commissioners of any 27,276
county having a county children's home, may, upon the 27,277
recommendation of the county PUBLIC children services board or 27,279
county department of human services AGENCY and with the approval 27,280
of the department of human services, abandon the use of such home 27,281
and proceed to sell or lease the site, building, furniture, and 27,282
equipment of such home in the manner most advantageous to the 27,283
county, or it may use the home for other necessary and proper 27,284
purposes. The net proceeds of any such sale or lease shall be 27,285
paid into the county treasury.
Sec. 5153.30. The county PUBLIC children services board or 27,294
county department of human services AGENCY may accept and receive 27,297
bequests, donations, and gifts of funds or property, real or 27,299
personal, for child care and services. The facilities or
services to be established or maintained through any such gift 27,300
shall be subject to the approval of the department of human 27,302
services.
Sec. 5153.31. All personal property, records, files, and 27,311
other documents and papers belonging to or in the possession of 27,312
any agency or institution, the powers and duties of which are 27,313
transferred, by sections 5153.01 to 5153.42 of the Revised Code, 27,315
THIS CHAPTER to the county PUBLIC children services board or 27,317
county department of human services AGENCY, the proceeds of all 27,319
635
tax levies in process of collection, the unexpended balances of 27,321
all current appropriations for the use of such agencies and 27,322
institutions, and the custody of all wards of such agencies and
institutions, shall be deemed transferred to the board or 27,323
department AGENCY. 27,324
Sec. 5153.32. Any corporation, organized under the laws of 27,333
this state for the purpose of establishing, conducting, and 27,334
maintaining a child welfare institution or agency, which is 27,335
unable, for any reason, to conduct and maintain such institution 27,336
or agency, and which has not, for a period of three consecutive 27,337
years, conducted or maintained a place or establishment for the 27,338
care of children, and which has in its hands funds or properties 27,339
acquired by it for the purpose of establishing, conducting, and 27,340
maintaining such institution or agency, may, subject to the 27,341
approval of the department of human services, and subject to the 27,342
terms of any deed, will, or other instrument pursuant to which 27,343
such funds or properties were acquired, transfer such funds or 27,344
properties to the county PUBLIC children services board or county 27,346
department of human services AGENCY, to be used for the purposes 27,347
for which such funds or property were acquired. The transfer of 27,349
such funds or properties to the board or department AGENCY shall 27,350
be a full discharge of the obligation or liability of such 27,352
corporation and its trustees with respect to the funds and 27,353
properties so transferred. 27,354
Sec. 5153.33. Funds in the hands of the county PUBLIC 27,363
children services board or county department of human services 27,365
AGENCY, donated or transferred to such board or department AGENCY 27,367
under sections 5153.31 and 5153.32 of the Revised Code, and which 27,368
are not immediately needed, may be invested in bonds of the 27,369
United States or of any political subdivision of the state. 27,371
Sec. 5153.34. The county PUBLIC children services board or 27,380
county department of human services AGENCY may acquire such 27,383
property and equipment and purchase such supplies and services as 27,386
are necessary for the proper conduct of its work, including the
636
ownership, operation, and maintenance of motor vehicles. Neither 27,387
the director nor an employee of the board or department AGENCY 27,388
shall sell or supply any article to the board or department 27,390
AGENCY, or to any institution maintained by such board or 27,391
department AGENCY, or be personally interested in any contract 27,392
made by the board or department AGENCY. 27,394
Sec. 5153.35. The boards of county commissioners shall 27,403
levy taxes and make appropriations sufficient to enable the 27,404
county PUBLIC children services board or county department of 27,405
human services AGENCY to perform its functions and duties under 27,407
sections 5153.01 to 5153.42 of the Revised Code THIS CHAPTER. If 27,409
the board of county commissioners levies a tax for children 27,411
services and the children services functions are transferred from 27,412
a county children services board to the department of human 27,413
services, or from the department of human services to a county 27,414
children services board, the levy shall continue in effect for 27,415
the period for which it was approved by the electors for the use 27,416
by the PUBLIC CHILDREN SERVICES agency that provides children 27,418
services pursuant to the transfer.
In addition to making the usual appropriations, there may 27,420
be allowed annually to the executive director an amount not to 27,421
exceed one-half his THE EXECUTIVE DIRECTOR'S official salary to 27,422
provide for necessary expenses which are incurred by him THE 27,423
EXECUTIVE DIRECTOR or his THE EXECUTIVE DIRECTOR'S staff in the 27,425
performance of their official duties. Upon the order of the
executive director, the county auditor shall draw his A warrant 27,426
on the county treasurer payable to the executive director or such 27,428
other person as the order designates, for such amount as the 27,429
order requires, not exceeding the amount provided for in this 27,430
section, and to be paid out of the general fund of the county. 27,431
The bond of the executive director provided for by section 27,432
5153.13 of the Revised Code shall at all times be in sufficient 27,433
amount to cover the additional appropriations provided for by 27,434
this section. 27,435
637
The executive director, annually, before the first Monday 27,437
of January, shall file with the auditor a detailed and itemized 27,438
statement, verified by the executive director, as to the manner 27,439
in which the fund has been expended during the current year, and 27,440
if any part of such fund remains in his THE EXECUTIVE DIRECTOR'S 27,441
hands unexpended, forthwith shall pay that amount into the county 27,442
treasury.
Sec. 5153.36. The boards of county commissioners of two or 27,451
more adjoining counties, not to exceed four, may, upon the 27,452
recommendation of the county PUBLIC children services boards or 27,454
the county departments of human services AGENCIES of such 27,455
counties, and subject to the approval of the department of human 27,456
services form themselves into a joint board, and proceed to 27,457
organize a district for the establishment and support of a 27,458
children's home, by using a site and buildings already 27,459
established in one such county, or by providing for the purchase
of a site and the erection of necessary buildings thereon. 27,460
Sec. 5153.49. The board of county commissioners of any 27,469
county within a children's home district may, upon the 27,470
recommendation of the county PUBLIC children services board or of 27,472
the county department of human services AGENCY, and subject to 27,473
the approval of the department of human services, withdraw from 27,475
such district and dispose of its interest in such home by selling 27,476
or leasing its right, title, and interest in the site, buildings, 27,477
furniture, and equipment to any counties in the district, at such 27,478
price and on such terms as are agreed upon among the boards of 27,479
county commissioners of the counties concerned. Section 307.10 27,480
of the Revised Code does not apply to this section. The net 27,481
proceeds of any such sale or lease shall be paid into the county 27,482
treasury of the withdrawing county. 27,483
Members of the board of trustees of a district children's 27,485
home who are residents of a county withdrawing from such district 27,486
are deemed to have resigned their positions upon completion of 27,487
the withdrawal procedure provided by this section. Vacancies 27,488
638
thus created shall be filled according to section 5153.05 or 27,489
sections 5153.39 and 5153.45 of the Revised Code. 27,490
Sec. 5153.53. The county PUBLIC children services board or 27,499
county department of human services AGENCY may purchase, operate, 27,503
and maintain busses BUSES to be used for educational purposes. 27,506
The operation and maintenance of such busses BUSES shall be 27,508
according to the law relating to school busses BUSES. 27,511
Sec. 5502.13. The department of public safety shall 27,520
maintain an investigations unit in order to conduct such 27,521
investigations and other enforcement activity as are authorized 27,522
by Chapters 4301., 4303., 5101., AND 5107., and 5113. and section 27,523
5115.03 of the Revised Code. The director of public safety shall 27,525
appoint such employees of the unit as are necessary, designate
the activities to be performed by those employees, and prescribe 27,526
their titles and duties. 27,527
Sec. 5709.64. (A) If an enterprise has been granted an 27,537
incentive for the current calendar year under an agreement 27,538
entered pursuant to section 5709.62, 5709.63, or 5709.632 of the 27,539
Revised Code, it may apply, on or before the thirtieth day of 27,540
April of that year, to the director of development, on a form 27,541
prescribed by him THE DIRECTOR, for a tax incentive qualification 27,542
certificate. The enterprise qualifies for an initial certificate 27,544
if, on or before the last day of the calendar year immediately 27,545
preceding that in which application is made, it satisfies all of 27,546
the following requirements: 27,547
(1) The enterprise has established, expanded, renovated, 27,549
or occupied a facility pursuant to the agreement under section 27,550
5709.62, 5709.63, or 5709.632 of the Revised Code. 27,551
(2) The enterprise has hired new employees to fill 27,553
nonretail positions at the facility, at least twenty-five per 27,554
cent of whom at the time they were employed were at least one of 27,555
the following: 27,556
(a) Unemployed persons who had resided at least six months 27,558
in the county in which the enterprise's project site is located; 27,559
639
(b) JPTA eligible employees who had resided at least six 27,561
months in the county in which the enterprise's project site is 27,562
located; 27,563
(c) Recipients PARTICIPANTS of aid to dependent children 27,566
OHIO WORKS FIRST under Chapter 5107. of the Revised Code, OR 27,567
RECIPIENTS OF general assistance under former Chapter 5113. of 27,569
the Revised Code, disability assistance under Chapter 5115. of 27,570
the Revised Code, or unemployment compensation benefits who had 27,571
resided at least six months in the county in which the 27,572
enterprise's project site is located;
(d) Handicapped persons, as defined under division (A) of 27,574
section 3304.11 of the Revised Code, who had resided at least six 27,575
months in the county in which the enterprise's project site is 27,576
located; 27,577
(e) Residents for at least one year of a zone located in 27,579
the county in which the enterprise's project site is located. 27,580
The director of development shall, by rule, establish 27,582
criteria for determining what constitutes a nonretail position at 27,583
a facility. 27,584
(3) The average number of positions attributable to the 27,586
enterprise in the municipal corporation during the calendar year 27,587
immediately preceding the calendar year in which application is 27,588
made exceeds the maximum number of positions attributable to the 27,589
enterprise in the municipal corporation during the calendar year 27,590
immediately preceding the first year the enterprise satisfies the 27,591
requirements set forth in divisions (A)(1) and (2) of this 27,592
section. If the enterprise is engaged in a business which, 27,593
because of its seasonal nature, customarily enables the 27,594
enterprise to operate at full capacity only during regularly 27,595
recurring periods of the year, the average number of positions 27,596
attributable to the enterprise in the municipal corporation 27,597
during each period of the calendar year immediately preceding the 27,598
calendar year in which application is made must exceed only the 27,599
maximum number of positions attributable to the enterprise in 27,600
640
each corresponding period of the calendar year immediately 27,601
preceding the first year the enterprise satisfies the 27,602
requirements of divisions (A)(1) and (2) of this section. The 27,603
director of development shall, by rule, prescribe methods for 27,604
determining whether an enterprise is engaged in a seasonal 27,605
business and for determining the length of the corresponding 27,606
periods to be compared. 27,607
(4) The enterprise has not closed or reduced employment at 27,609
any place of business in the state for the primary purpose of 27,610
establishing, expanding, renovating, or occupying a facility. The 27,612
legislative authority of any municipal corporation or the board 27,613
of county commissioners of any county that concludes that an 27,614
enterprise has closed or reduced employment at a place of
business in that municipal corporation or county for the primary 27,615
purpose of establishing, expanding, renovating, or occupying a 27,616
facility in a zone may appeal to the director to determine 27,617
whether the enterprise has done so. Upon receiving such an 27,618
appeal, the director shall investigate the allegations and make 27,619
such a determination before issuing an initial or renewal tax 27,620
incentive qualification certificate under this section. 27,621
Within sixty days after receiving an application under this 27,623
division, the director shall review, investigate, and verify the 27,624
application and determine whether the enterprise qualifies for a 27,625
certificate. The application shall include an affidavit executed 27,626
by the applicant verifying that the enterprise satisfies the 27,627
requirements of division (A)(2) of this section, and shall 27,628
contain such information and documents as the director requires, 27,629
by rule, to ascertain whether the enterprise qualifies for a 27,630
certificate. If the director finds the enterprise qualified, he 27,631
THE DIRECTOR shall issue a tax incentive qualification 27,632
certificate, which shall bear as its date of issuance the 27,633
thirtieth day of June of the year of application, and shall state 27,634
that the applicant is entitled to receive, for the taxable year 27,635
that includes the certificate's date of issuance, the tax 27,636
641
incentives provided under section 5709.65 of the Revised Code 27,637
with regard to the facility to which the certificate applies. If 27,638
an enterprise is issued an initial certificate, it may apply, on 27,639
or before the thirtieth day of April of each succeeding calendar 27,640
year for which it has been granted an incentive under an 27,641
agreement entered pursuant to section 5709.62, 5709.63, or 27,642
5709.632 of the Revised Code, for a renewal certificate. 27,643
Subsequent to its initial certification, the enterprise qualifies 27,644
for up to three successive renewal certificates if, on or before 27,645
the last day of the calendar year immediately preceding that in 27,646
which the application is made, it satisfies all the requirements 27,647
of divisions (A)(1) to (4) of this section, and neither the 27,648
zone's designation nor the zone's certification has been revoked 27,649
prior to the fifteenth day of June of the year in which the 27,650
application is made. The application shall include an affidavit 27,651
executed by the applicant verifying that the enterprise satisfies 27,652
the requirements of division (A)(2) of this section. An 27,653
enterprise with ten or more supervisory personnel at the facility 27,654
to which a certificate applies qualifies for any subsequent 27,655
renewal certificates only if it meets all of the foregoing 27,656
requirements and, in addition, at least ten per cent of those 27,657
supervisory personnel are employees who, when first hired by the 27,658
enterprise, satisfied at least one of the criteria specified in 27,659
divisions (A)(2)(a) to (e) of this section. If the enterprise 27,660
qualifies, a renewal certificate shall be issued bearing as its 27,661
date of issuance the thirtieth day of June of the year of 27,662
application. The director shall send copies of the initial 27,663
certificate, and each renewal certificate, by certified mail, to 27,664
the enterprise, the tax commissioner, the board of county 27,665
commissioners, and the chief executive of the municipal 27,666
corporation in which the facility to which the certificate 27,667
applies is located.
(B) If the director determines that an enterprise is not 27,669
qualified for an initial or renewal tax incentive qualification 27,670
642
certificate, he THE DIRECTOR shall send notice of this 27,671
determination, specifying the reasons for it, by certified mail, 27,673
to the applicant, the tax commissioner, the board of county 27,674
commissioners, and the chief executive of the municipal 27,675
corporation in which the facility to which the certificate would 27,676
have applied is located. Within thirty days after receiving such 27,677
a notice, an enterprise may request, in writing, a hearing before 27,678
the director for the purpose of reviewing the application and the 27,679
reasons for the determination. Within sixty days after receiving 27,680
a request for a hearing, the director shall afford one and, 27,681
within thirty days after the hearing, shall issue a 27,682
redetermination of the enterprise's qualification for a 27,683
certificate. If the enterprise is found to be qualified, the 27,684
director shall proceed in the manner provided under division (A) 27,685
of this section. If the enterprise is found to be unqualified, 27,686
the director shall send notice of this finding, by certified 27,687
mail, to the applicant, the tax commissioner, the board of county 27,688
commissioners, and the chief executive of the municipal 27,689
corporation in which the facility to which the certificate would 27,690
have applied is located. The director's redetermination that an 27,691
enterprise is unqualified may be appealed to the board of tax 27,692
appeals in the manner provided under section 5717.02 of the 27,693
Revised Code. 27,694
Sec. 5709.66. (A) If an enterprise has been granted an 27,703
incentive for the current calendar year under an agreement 27,704
entered into pursuant to section 5709.62 or 5709.63 of the 27,705
Revised Code and satisfies both of the requirements described in 27,706
divisions (A)(1) and (2) of this section at the time of 27,707
application, it may apply to the director of development, on a 27,708
form prescribed by the director, for the employee tax credit 27,709
certificate under division (B) of this section. 27,711
(1) The enterprise has established, expanded, renovated, 27,713
or occupied a facility pursuant to an agreement under section 27,714
5709.62 or 5709.63 of the Revised Code in a zone that is 27,715
643
certified by the director of development as having one of the 27,716
characteristics described in divisions (A)(1)(a) or (b) and at 27,717
least one of the characteristics described in divisions (A)(1)(c) 27,718
to (h) of section 5709.61 of the Revised Code. 27,719
(2) The enterprise or any predecessor enterprise has not 27,721
closed or reduced employment at any place of business in this 27,722
state within the twelve months preceding application unless the 27,723
enterprise, since the date the agreement was formally approved by 27,724
the legislative authority, has hired new employees equal in 27,725
number to not less than fifty per cent of the total number of 27,726
employees employed by the enterprise at other locations in this 27,727
state on that date. The legislative authority of any municipal 27,728
corporation or county that concludes that an enterprise or any 27,729
predecessor enterprise has closed or reduced employment at a 27,730
place of business in that municipal corporation or county may 27,731
appeal to the director to determine whether the enterprise or any 27,732
predecessor enterprise has done so. Upon receiving such an 27,733
appeal, the director shall investigate the allegations and 27,734
determine whether the enterprise satisfies the requirement of 27,735
division (A)(2) of this section before proceeding under division 27,736
(B) of this section. 27,737
Within sixty days after receiving an application under this 27,739
section, the director shall review, investigate, and verify the 27,740
application and determine whether the enterprise is eligible for 27,741
the employee tax credit certificate under division (B) of this 27,742
section. The application shall contain such information and 27,743
documents as the director requires, by rule, to ascertain whether 27,744
the enterprise is eligible for the certificate. On finding that 27,745
the enterprise is eligible, the director shall proceed under 27,746
division (B) of this section. 27,747
On determining that an enterprise is not eligible for the 27,750
certificate under division (B) of this section, the director 27,751
shall send notice of this determination, specifying the reasons 27,752
for it, by certified mail, to the applicant, the board of county 27,753
644
commissioners, and the chief executive of the municipal 27,754
corporation in which the facility to which the certificate would 27,755
have been given is located. Within thirty days after receiving 27,756
such a notice, an enterprise may request, in writing, a hearing 27,757
before the director for the purpose of reviewing the application 27,758
and the reasons for the determination. Within sixty days after 27,759
receiving a request for a hearing, the director shall afford one 27,760
and, within thirty days after the hearing, shall issue a 27,761
redetermination of the enterprise's eligibility for the 27,762
incentives. If the enterprise is found to be eligible, the 27,763
director shall proceed under division (B) of this section. If 27,764
the enterprise is found to be ineligible, the director shall send 27,765
notice of this finding, by certified mail, to the applicant, the 27,766
board of commissioners of the county or the chief executive of 27,767
the municipal corporation in which the facility to which the 27,768
certificate would have been given is located. The director's 27,769
redetermination that an enterprise is ineligible may be appealed 27,770
to the board of tax appeals under section 5717.02 of the Revised 27,771
Code.
(B)(1) If the director determines an enterprise to be 27,773
eligible under division (A) of this section, the director shall 27,774
determine if the enterprise is entitled to an employee tax credit 27,776
certificate. An enterprise is entitled to an employee tax credit 27,777
certificate for each eligible employee the enterprise hires. A 27,778
taxpayer who is issued an employee tax credit certificate under 27,779
this section may claim a nonrefundable credit of one thousand 27,780
dollars against the tax imposed under Chapter 5733. or 5747. of 27,781
the Revised Code for each taxable year of the agreement entered 27,782
into under section 5709.62 or 5709.63 of the Revised Code in 27,783
which an eligible employee is employed for the taxpayer's full 27,784
taxable year. If the eligible employee is employed for less than 27,785
the taxpayer's full taxable year, the taxpayer may claim a 27,786
reduced credit against the tax imposed under Chapter 5733. or 27,787
5747. of the Revised Code. The reduced credit shall be computed 27,788
645
by dividing the total number of days in the taxable year into one 27,789
thousand dollars and multiplying the quotient by the number of 27,790
days the eligible employee was employed in the taxable year. For 27,791
purposes of the computation, the eligible employee shall be 27,792
deemed to have been employed for each day of the taxable year 27,793
commencing on the date of employment or ending on the date of 27,794
termination of employment.
The credit provided under this division to a noncorporate 27,797
enterprise or an enterprise that is an S corporation as defined 27,798
in section 1361 of the Internal Revenue Code shall be divided pro 27,799
rata among the owners or shareholders of the enterprise subject 27,800
to the tax imposed under Chapter 5747. of the Revised Code, based 27,801
on their proportionate ownership interests in the enterprise. 27,802
The enterprise shall file with the tax commissioner, on a form 27,803
prescribed by the tax commissioner, a statement showing the total 27,804
available credit and the portion of that credit attributed to 27,805
each owner or shareholder. The statement shall identify each 27,806
owner or shareholder by name and social security number and shall 27,807
be filed with the tax commissioner by the date prescribed by the 27,808
tax commissioner, which shall be no earlier than the fifteenth 27,809
day of the month following the close of the enterprise's taxable 27,810
year for which the credit is claimed. 27,811
The taxpayer shall claim the credit in the order required 27,813
under section 5733.98 or 5747.98 of the Revised Code. If the 27,814
credit provided under this division exceeds the taxpayer's tax 27,816
liability for the taxable year after allowance for any other 27,817
credits that precede the credit under this section in that order, 27,818
the credit may be carried forward for the next three succeeding 27,819
taxable years, but the amount of any excess credit allowed in any 27,820
such year shall be deducted from the balance carried forward to 27,821
the succeeding taxable year.
(b)(2) As used in this division: 27,823
(i)(a) "Eligible employee" means a new employee at a 27,825
facility who, at the time the employee was hired to work at the 27,826
646
facility, was a recipient of aid to dependent children OHIO WORKS 27,828
FIRST under Chapter 5107. of the Revised Code or general 27,829
assistance under former Chapter 5113. of the Revised Code and 27,830
resided for at least one year in the county in which the facility 27,831
is located. "Eligible employee" does not include any employee of 27,832
the enterprise who is a new employee, as defined under section 27,833
122.17 of the Revised Code, on the basis of whom the enterprise 27,834
has claimed a credit under that section. 27,835
(ii)(b) "Taxable year" has the same meaning as in section 27,837
5733.04 or 5747.01 of the Revised Code, as applicable to the 27,838
enterprise claiming the credit. 27,839
Section 2. That existing sections 117.45, 124.26, 124.30, 27,842
125.13, 127.16, 176.05, 302.18, 307.01, 307.12, 307.441, 307.851,
319.16, 329.03, 329.04, 329.043, 329.05, 329.051, 329.06, 329.09, 27,844
2151.011, 2151.10, 2151.31, 2151.421, 2301.03, 2301.35, 2301.351, 27,845
2301.357, 2301.36, 2301.37, 2301.372, 2329.66, 2715.041, 27,846
2715.045, 2716.13, 2901.30, 2921.13, 2951.02, 3101.01, 3107.01, 27,847
3109.051, 3111.09, 3111.20, 3111.23, 3113.06, 3113.07, 3113.21, 27,848
3113.215, 3113.216, 3113.217, 3113.218, 3115.24, 3301.0719, 27,849
3313.64, 3317.023, 3317.10, 3317.14, 3701.503, 3727.17, 4115.04, 27,851
4117.01, 4123.27, 4141.16, 4141.162, 4141.163, 4141.28, 5101.02, 27,852
5101.06, 5101.07, 5101.071, 5101.10, 5101.14, 5101.141, 5101.15, 27,853
5101.16, 5101.161, 5101.18, 5101.181, 5101.183, 5101.31, 27,854
5101.323, 5101.35, 5101.36, 5101.37, 5101.46, 5101.54, 5101.544, 27,856
5101.58, 5101.59, 5101.82, 5101.83, 5101.91, 5101.92, 5101.93, 27,858
5101.97, 5101.99, 5103.02, 5103.154, 5104.01, 5104.011, 5104.03, 27,859
5104.04, 5104.081, 5104.11, 5104.30, 5104.31, 5104.32, 5104.34,
5104.38, 5104.39, 5104.42, 5107.01, 5107.02, 5107.031, 5107.04, 27,860
5107.041, 5107.05, 5107.07, 5107.071, 5107.10, 5107.12, 5107.13, 27,861
5107.15, 5107.18, 5107.19, 5107.21, 5107.22, 5107.23, 5107.24, 27,863
5107.25, 5107.26, 5107.30, 5107.31, 5107.32, 5111.01, 5111.013, 27,864
5111.017, 5111.023, 5111.09, 5115.01, 5115.03, 5115.05, 5119.22, 27,865
5119.65, 5119.68, 5122.39, 5123.93, 5139.18, 5153.01, 5153.08, 27,867
5153.09, 5153.091, 5153.10, 5153.11, 5153.111, 5153.12, 5153.13, 27,868
647
5153.131, 5153.14, 5153.16, 5153.161, 5153.162, 5153.163, 27,869
5153.164, 5153.165, 5153.17, 5153.18, 5153.19, 5153.20, 5153.21, 27,870
5153.22, 5153.23, 5153.25, 5153.26, 5153.27, 5153.28, 5153.29, 27,871
5153.30, 5153.31, 5153.32, 5153.33, 5153.34, 5153.35, 5153.36, 27,872
5153.49, 5153.53, 5502.13, 5709.64, and 5709.66, and sections 27,873
329.041, 329.07, 329.99, 4141.043, 5101.09, 5101.461, 5101.462, 27,874
5101.463, 5101.464, 5101.57, 5101.80, 5101.81, 5101.84, 5101.841, 27,875
5101.842, 5101.85, 5101.86, 5101.87, 5101.88, 5101.881, 5101.89, 27,876
5101.90, 5101.94, 5101.95, 5101.98, 5107.011, 5107.03, 5107.032, 27,877
5107.033, 5107.034, 5107.06, 5107.08, 5107.09, 5107.11, 5107.14, 27,878
5107.151, 5107.16, 5107.17, 5107.20, 5107.33, 5107.34, 5107.99, 27,879
5111.014, 5115.18, 5153.02, 5153.03, 5153.04, 5153.05, 5153.06, 27,881
and 5153.07 of the Revised Code are hereby repealed. 27,883
Section 3. (A) A determination that the Department of 27,885
Human Services or a county department of human services made 27,886
prior to the effective date of this act pursuant to the following 27,887
continue in effect after the effective date of this act and the 27,888
Department or county department may act on those determinations 27,889
unless the Department adopts rules providing that a determination 27,891
is no longer in effect:
(1) A state hearing or administrative appeal made under 27,893
section 5101.35 of the Revised Code; 27,894
(2) Section 5107.04 (5107.76), 5107.041 (5107.17), or 27,896
5107.11 of the Revised Code, as those sections existed 27,897
immediately prior to the effective date of this act, regarding 27,898
erroneous and fraudulent payments and improperly obtained aid; 27,899
(3) A federal statute or regulation, state law, or a rule 27,902
adopted by the Department regarding disqualifications, sanctions, 27,903
and warnings for failure to satisfy a requirement for aid under 27,904
Chapter 5107. of the Revised Code.
(B) A determination that a person was eligible for aid 27,906
under Chapter 5107. of the Revised Code that was made prior to 27,907
the effective date of this act does not authorize automatic 27,908
continued eligibility for aid under that chapter. The person 27,909
648
must satisfy the requirements for eligibility established for the 27,911
Ohio Works First Program.
Section 4. A rule adopted by the Department of Human 27,913
Services under Chapter 5101. or 5107. of the Revised Code or 27,914
pursuant to Executive Order 96-73V prior to the effective date of 27,915
this act remains valid and enforceable until repealed by the 27,916
Department notwithstanding the abolition of the Aid to Dependent 27,917
Children Program and the Job Opportunities and Basic Skills 27,918
Training Program and creation of the Ohio Works First Program. 27,919
No later than July 1, 1998, the Department shall, to the 27,921
extent allowable under rule making authority, conduct a review 27,922
and repeal all rules that, as a result of enactment of this act, 27,923
are no longer applicable to the administration of the 27,924
Department's programs. 27,925
Section 5. The elimination of the Aid to Dependent 27,927
Children Program and replacement of the program authorized by 27,928
Executive Order 96-73V with the Ohio Works First Program does not 27,929
bar a county department of human services from doing either of 27,931
the following:
(A) Making determinations of whether erroneous payments 27,933
were made under either program and taking action to recover 27,934
erroneous payments pursuant to section 5107.76 of the Revised 27,935
Code;
(B) Pursuant to section 5107.17 of the Revised Code, 27,937
denying eligibility to participate in the Ohio Works First 27,938
Program to an assistance group that received a fraudulent payment 27,939
under the Aid to Dependent Children Program or the program 27,940
authorized by Executive Order 96-73V and has not repaid the 27,941
fraudulent payment. 27,942
Section 6. The right of subrogation for the cost of 27,944
medical services and care given under section 5101.58, an 27,945
assignment of the right to medical support given under section 27,946
5101.59, and an assignment of the right to support from another 27,947
person given under section 5107.07 (5107.25) of the Revised Code 27,948
649
to the Department of Human Services or a county department of 27,949
human services prior to the effective date of this act continues 27,950
in force to the extent those sections provide, notwithstanding 27,951
the elimination of the Aid to Dependent Children Program and the 27,952
program authorized by Executive Order 96-73V and creation of the 27,953
Ohio Works First Program. 27,954
Section 7. Aid provided under the former Aid to Dependent 27,956
Children Program and program authorized by Executive Order 96-73V 27,957
continues to be inalienable whether by way of assignment, charge, 27,959
or otherwise and exempt from execution, attachment, garnishment, 27,960
and other like process notwithstanding the creation of the Ohio 27,961
Works First Program.
Section 8. In the case of a person receiving transitional 27,963
Medicaid under section 5111.023 of the Revised Code or 27,964
transitional publicly funded child day-care under division (A)(3) 27,966
of section 5104.34 of the Revised Code on the effective date of 27,967
this act, the number of months the person received the 27,968
transitional Medicaid and day-care prior to the effective date of 27,969
this act shall be applied to the maximum number of months the 27,970
person may receive transitional Medicaid and transitional 27,971
day-care for the current duration of eligibility. 27,972
Section 9. The Department of Human Services shall continue 27,974
to operate the federal waiver that former section 5101.09 of the 27,975
Revised Code required the Department to seek regarding the former 27,977
Job Opportunities and Basic Skills Training Program. The
Department shall continue to operate the federal waiver in 27,978
accordance with the terms of the waiver and until the waiver 27,979
expires for the purpose of allowing county departments of human 27,980
services to assign participants of the Work Component of the Ohio 27,982
Works First Program to work activities established pursuant to 27,983
section 5107.58 of the Revised Code.
Section 10. Whenever the Aid to Dependent Children Program 27,985
is referred to in the Ohio Administrative Code, a contract, or 27,986
other document, the reference is hereby deemed to refer to the 27,987
650
Ohio Works First Program established under Chapter 5107. of the 27,988
Revised Code unless the context of the reference demands that it 27,989
mean the former Aid to Families with Dependent Children Program, 27,990
known in Ohio as Aid to Dependent Children, that the Personal 27,991
Responsibility and Work Opportunity Reconciliation Act of 1996 27,992
(Public Law 104-193) abolished. 27,993
Section 11. The Department of Human Services may adopt 27,995
rules in accordance with Chapter 119. of the Revised Code 27,996
governing the transition from providing aid under the Aid to 27,997
Dependent Children Program and the program authorized by 27,998
Executive Order 96-73V to providing assistance under the Ohio 27,999
Works First Program. 28,000
Section 12. If the evaluation report on the Learnfare 28,002
Program operated for three years in Allen and Shelby Counties has 28,004
not been completed on or before the effective date of this act, 28,005
the Department shall complete the report according to the 28,006
schedule specified in division (D) of section 5107.18 (5107.35) 28,007
of the Revised Code as that division existed immediately prior to 28,008
the effective date of this act. 28,009
Section 13. The Department of Human Services shall index 28,011
and provide a copy of all provisions of this act that are 28,012
necessary to assist a county in fulfilling its responsibilities 28,013
under this act to each county department of human services. 28,014
Section 14. No later than July 1, 1998, the Department of 28,016
Human Services shall, in consultation with representatives of 28,017
county departments of human services and child day-care providers 28,018
and advocates, conduct a review of all rules governing the 28,019
certification of type B family day-care homes and shall repeal or 28,021
simplify the rules to provide flexibility to county departments 28,022
of human services in certifying type B homes.
Section 15. No later than January 1, 1998, the Department 28,024
of Human Services shall, in consultation with boards of county 28,025
commissioners, develop a technology enablement plan. The plan 28,026
shall include an outline of an information technology strategy 28,027
651
that addresses the following: prioritization of needed 28,028
short-term management information changes to the current 28,029
technology system; an outline of how independent technology 28,030
systems will interface to support reporting needs; a listing of 28,031
needed adaptations to operate simultaneous administration of 28,032
current and new human services programs in order to fulfill 28,033
reporting requirements; and long-term changes required to the 28,034
current information technology system necessary for the 28,035
implementation of initiatives of this act. 28,036
Section 16. The Director of Human Services shall convene a 28,038
group composed of the Directors of Transportation, Mental 28,039
Retardation and Developmental Disabilities, and Development, the 28,041
Administrator of the Ohio Bureau of Employment Services, a 28,042
representative of regional transit authorities established 28,043
pursuant to sections 306.30 to 306.53 of the Revised Code, a
representative of the County Commissioners Association of Ohio, a 28,044
representative of the Ohio Rideshare Agency, and a representative 28,046
of the Rehabilitation Services Commission to conduct a review of 28,047
current state transportation resources and policies and consider 28,048
new transportation coordination initiatives to support local 28,049
community efforts in the design of local transportation solutions 28,051
for underemployed and unemployed Ohioans. The group also shall 28,052
review economic development issues related to underemployed and 28,053
unemployed Ohioans. The group shall report its findings and 28,054
recommendations to the Speaker and minority leader of the House 28,055
of Representatives and the President and minority leader of the 28,056
Senate no later than January 1, 1998. 28,058
Section 17. The Director of Transportation shall apply for 28,060
federal funds that are or may become available under the 28,061
Intermodal Surface Transportation Efficiency Act of 1991, P.L. 28,062
102-240, as amended, for transportation services for participants 28,063
of the Ohio Works First Program. 28,064
Section 18. The Department of Administrative Services 28,066
shall develop a statewide, coordinated campaign to encourage 28,067
652
private and government employers to hire participants of the Ohio 28,068
Works First Program established under Chapter 5107. of the 28,069
Revised Code. As part of the campaign, the Department shall 28,070
promote the Subsidized Employment Program established under 28,071
section 5107.52 of the Revised Code. The Department shall adopt 28,072
rules in accordance with Chapter 119. of the Revised Code 28,073
regarding the campaign. 28,074
Section 19. There is hereby created the Confidentiality 28,077
Study Committee, consisting of six members as follows: three 28,078
members of the House of Representatives appointed by the Speaker 28,079
of the House, and three members of the Senate appointed by the 28,080
President of the Senate; with no more than two members appointed 28,081
from each house being from the same party. Appointments to the 28,082
committee shall be made no later than December 1, 1997. 28,083
Vacancies shall be filled in the manner provided for original 28,084
appointments.
The Committee shall study the confidentiality requirements 28,087
pertaining to the handling of and access to official records of 28,088
county social service agencies. The Committee shall make a 28,089
report of its findings and legislative and administrative
recommendations to the Speaker of the House of Representatives, 28,091
the President of the Senate, both minority leaders, and the 28,092
Department of Human Services no later than October 1, 1998. At 28,093
the time the report is issued, the Committee shall cease to 28,094
exist.
Section 20. Of the amount appropriated for the Ohio Works 28,097
First Program that is not used due to caseload reductions, the 28,098
Department of Human Services shall allocate up to five million 28,099
dollars in fiscal year 1998 and five million dollars in fiscal 28,100
year 1999 to county departments of human services for the purpose 28,101
of enhancing transportation services to participants of the Work 28,102
Component of the Ohio Works First Program established under 28,103
Chapter 5107. of the Revised Code.
Section 21. Each county department of human services 28,105
653
shall, not later than November 1, 1997, notify the head of each 28,106
household that includes an assistance group participating in the 28,107
Ohio Works First Program of the changes made by this act that may 28,108
affect the assistance group.
Section 22. The Department of Human Services shall develop 28,110
a protocol that outlines how it will produce and make available 28,111
to the public state and county aggregate statistics on data 28,112
elements related to monitoring trends and outcomes of welfare 28,113
reform activities. The Department shall develop the protocol 28,114
with input from county representatives and academic researchers.
Section 23. The General Assembly recognizes that the lack 28,117
of affordable child day-care represents a significant barrier to 28,118
attaining self-sufficiency through employment. Subject to 28,119
available funds, it is the intent of the General Assembly to 28,120
continue on and after the effective date of this act to provide
publicly funded child day-care to eligible persons currently 28,121
receiving publicly funded child day-care. 28,123
Section 24. Section 5101.323 of the Revised Code, although 28,126
not presented in this act in all capital letters, is revived and 28,127
amended by this act. Section 5 of Am. Sub. S.B. 292 of the 121st 28,129
General Assembly repealed Section 3 of Am. Sub. S.B. 10 of the 28,130
119th General Assembly, which latter section repealed section 28,131
5101.323 of the Revised Code effective October 1, 1996. Section 28,132
5 of Am. Sub. S.B. 292, however, did not become effective until 28,133
November 6, 1996, after the repeal of section 5101.323 of the 28,134
Revised Code by Section 3 of Am. Sub. S.B. 10 had taken effect on 28,135
October 1, 1996. While legislative intent to retain section 28,136
5101.323 of the Revised Code is explicit in Section 5 of Am. Sub. 28,137
S.B. 292, efficacy of the legislative intent is uncertain because 28,138
Ohio Constitution, Article II, Section 15(D) states that repealed 28,139
sections may not be revived "unless the new act contains the 28,140
entire act revived," and section 5101.323 is not set forth in its 28,141
entirety in Am. Sub. S.B. 292. This act, in confirmation of the 28,142
legislative intent stated in Section 5 of Am. Sub. S.B. 292, 28,143
654
revives section 5101.323 of the Revised Code by setting forth the 28,144
section in its entirety for purposes of amendment. 28,145
Section 25. Section 124.26 of the Revised Code is 28,147
presented in this act as a composite of the section as amended by 28,148
both Am. Sub. H.B. 177 and Am. Sub. S.B. 99 of the 121st General 28,149
Assembly, with the new language of neither of the acts shown in 28,151
capital letters. Section 127.16 of the Revised Code is presented 28,152
in this act as a composite of the section as amended by Am. H.B. 28,153
249, Am. Sub. S.B. 99, Am. Sub. S.B. 150, and Am. Sub. S.B. 162 28,154
of the 121st General Assembly, with the new language of none of 28,155
the acts shown in capital letters. Section 2151.011 of the 28,156
Revised Code is presented in this act as a composite of the 28,157
section as amended by Am. Sub. H.B. 124, Sub. H.B. 265, and Sub. 28,158
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 28,159
the Revised Code is presented in this act as a composite of the 28,161
section as amended by Sub. H.B. 274, Am. Sub. S.B. 269, and Sub. 28,162
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 28,163
the Revised Code is presented in this act as a composite of the 28,165
section as amended by both Sub. H.B. 377 and Am. Sub. S.B. 269 of 28,166
the 121st General Assembly, with the new language of neither of 28,168
the acts shown in capital letters. Section 2301.35 of the
Revised Code is presented in this act as a composite of the 28,170
section as amended by Sub. H.B. 274, Sub. H.B. 357, and Am. Sub. 28,171
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 28,172
the Revised Code is presented in this act as a composite of the 28,174
section as amended by both Sub. H.B. 644 and Am. Sub. S.B. 269 of 28,175
the 121st General Assembly, with the new language of neither of 28,176
the acts shown in capital letters. Section 3113.21 of the 28,177
Revised Code is presented in this act as a composite of the 28,178
section as amended by both Sub. H.B. 274 and Am. Sub. S.B. 292 of 28,179
the 121st General Assembly, with the new language of neither of 28,181
655
the acts shown in capital letters. Section 4115.04 of the 28,182
Revised Code is presented in this act as a composite of the 28,183
section as amended by both Sub. H.B. 167 and Am. Sub. S.B. 162 of 28,184
the 121st General Assembly, with the new language of neither of 28,186
the acts shown in capital letters. Section 5101.54 of the
Revised Code is presented in this act as a composite of the 28,188
section as amended by both Sub. H.B. 167 and Am. Sub. S.B. 162 of 28,189
the 121st General Assembly, with the new language of neither of 28,191
the acts shown in capital letters. Section 5153.111 of the
Revised Code is presented in this act as a composite of the 28,193
section as amended by both Am. Sub. H.B. 445 and Am. Sub. S.B. 28,194
269 of the 121st General Assembly, with the new language of 28,195
neither of the acts shown in capital letters. Section 5709.64 of 28,196
the Revised Code is presented in this act as a composite of the 28,198
section as amended by both Am. Sub. S.B. 19 of the 120th General 28,199
Assembly and Am. H.B. 249 of the 121st General Assembly, with the 28,200
new language of neither of the acts shown in capital letters. 28,201
Section 5709.66 of the Revised Code is presented in this act as a 28,203
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 28,204
the new language of none of the acts shown in capital letters. 28,205
This is in recognition of the principle stated in division (B) of 28,206
section 1.52 of the Revised Code that such amendments are to be 28,207
harmonized where not substantively irreconcilable and constitutes 28,208
a legislative finding that such is the resulting version in 28,209
effect prior to the effective date of this act. 28,210
Section 26. Sections 1 to 25 of this act shall take effect 28,212
October 1, 1997. 28,213