As Passed by the House 1
122nd General Assembly 4
Regular Session Am. Sub. H. B. No. 408 5
1997-1998 6
REPRESENTATIVES LAWRENCE-JOHNSON-CATES-THOMAS-VESPER-O'BRIEN-CORE 8
METZGER-CAREY-AMSTUTZ-MEAD-FOX-THOMPSON-COUGHLIN-HARRIS-VAN VYVEN- 9
BRADING-WACHTMANN-STAPLETON-HOUSEHOLDER-HOTTINGER-WILLIAMS- 10
SAWYER-BUCHY-MYERS-HOOD-PATTON-COLONNA-OLMAN-MALLORY-REID- 11
JACOBSON-CALLENDER-TAVARES-SYKES-VERICH-MASON-BOYD-OPFER 12
14
A B I L L
To amend sections 117.45, 124.11, 124.26, 124.30, 16
125.13, 127.16, 176.05, 302.18, 307.01, 307.12, 17
307.441, 307.851, 319.16, 329.01, 329.02, 329.03, 18
329.04, 329.043, 329.05, 329.051, 329.06, 329.09, 20
2151.011, 2151.10, 2151.31, 2151.421, 2301.03, 21
2301.35, 2301.351, 2301.357, 2301.36, 2301.37,
2301.372, 2329.66, 2715.041, 2715.045, 2716.13, 22
2901.30, 2921.13, 2951.02, 3101.01, 3107.01, 23
3109.051, 3111.09, 3111.20, 3111.23, 3113.06, 24
3113.07, 3113.21, 3113.215, 3113.216, 3113.217, 25
3113.218, 3115.24, 3301.0719, 3313.64, 3317.023, 27
3317.10, 3317.14, 3701.503, 3727.17, 4115.04, 28
4117.01, 4123.27, 4141.16, 4141.162, 4141.163,
4141.28, 5101.02, 5101.06, 5101.07, 5101.071, 30
5101.10, 5101.14, 5101.141, 5101.15, 5101.16,
5101.161, 5101.18, 5101.181, 5101.183, 5101.31, 31
5101.323, 5101.35, 5101.36, 5101.37, 5101.46, 32
5101.54, 5101.544, 5101.58, 5101.59, 5101.82, 34
5101.83, 5101.91, 5101.92, 5101.93, 5101.97, 35
5101.99, 5103.02, 5103.154, 5104.01, 5104.011,
5104.03, 5104.04, 5104.081, 5104.11, 5104.30, 36
5104.31, 5104.32, 5104.34, 5104.38, 5104.39, 37
5104.42, 5107.01, 5107.02, 5107.031, 5107.04,
5107.041, 5107.05, 5107.07, 5107.071, 5107.10, 38
2
5107.12, 5107.13, 5107.15, 5107.18, 5107.19, 39
5107.21, 5107.22, 5107.23, 5107.24, 5107.25, 40
5107.26, 5107.30, 5107.31, 5107.32, 5111.01,
5111.013, 5111.017, 5111.023, 5111.09, 5115.01, 42
5115.03, 5115.05, 5119.22, 5119.65, 5119.68,
5122.39, 5123.93, 5139.18, 5153.01, 5153.08, 44
5153.09, 5153.091, 5153.10, 5153.11, 5153.111,
5153.12, 5153.13, 5153.131, 5153.14, 5153.16, 45
5153.161, 5153.162, 5153.163, 5153.164, 5153.165, 46
5153.17, 5153.18, 5153.19, 5153.20, 5153.21, 47
5153.22, 5153.23, 5153.25, 5153.26, 5153.27, 48
5153.28, 5153.29, 5153.30, 5153.31, 5153.32,
5153.33, 5153.34, 5153.35, 5153.36, 5153.49, 49
5153.53, 5502.13, 5709.64, 5709.66, 5733.04, and 50
5747.01; to amend for the purposes of adopting
new section numbers as indicated in parentheses 52
5101.82 (5107.52), 5101.83 (5107.54), 5101.91 53
(5107.68), 5101.92 (5107.66), 5107.01 (5107.02), 54
5107.02 (5107.10), 5107.031 (5107.29), 5107.04 55
(5107.76), 5107.041 (5107.17), 5107.05 (5107.15),
5107.07 (5107.25), 5107.071 (5107.27), 5107.10 56
(5107.72), 5107.12 (5107.75), 5107.13 (5107.77), 57
5107.15 (329.022), 5107.18 (5107.35), 5107.19 58
(5107.351), 5107.21 (5107.352), 5107.22
(5107.353), 5107.23 (5107.354), 5107.24 59
(5107.355), 5107.25 (5107.356), 5107.26 60
(5107.357), 5107.30 (5107.33), 5107.32 (5107.20), 61
5153.08 (5153.03), 5153.09 (5153.04), and
5153.091 (5153.05); to revive and amend section 63
5101.323; to enact new sections 5107.01, 5107.03, 64
5107.04, 5107.06, 5107.11, 5107.13, 5107.21,
5107.23, and 5153.02, and sections 307.98, 67
307.981, 307.982, 307.983, 307.984, 307.985,
307.986, 329.11, 329.12, 329.13, 329.14, 68
3
3319.089, 5101.21, 5101.211, 5101.212, 5101.22, 71
5101.23, 5101.24, 5101.25, 5101.26, 5101.27, 72
5101.28, 5101.29, 5101.30, 5101.971, 5104.13,
5104.301, 5107.40, 5107.41, 5107.42, 5107.43, 74
5107.44, 5107.50, 5107.541, 5107.58, 5107.60, 75
5107.62, 5107.64, 5107.65, 5107.67, 5107.70, 76
5107.71, 5107.78, and 5111.113; and to repeal
sections 329.041, 329.07, 329.99, 4141.043, 78
5101.09, 5101.461, 5101.462, 5101.463, 5101.464,
5101.57, 5101.80, 5101.81, 5101.84, 5101.841, 79
5101.842, 5101.85, 5101.86, 5101.87, 5101.88, 80
5101.881, 5101.89, 5101.90, 5101.94, 5101.95,
5101.98, 5107.011, 5107.03, 5107.032, 5107.033, 81
5107.034, 5107.06, 5107.08, 5107.09, 5107.11, 82
5107.14, 5107.151, 5107.16, 5107.17, 5107.20, 83
5107.33, 5107.34, 5107.99, 5111.014, 5115.18,
5153.02, 5153.03, 5153.04, 5153.05, 5153.06, and 85
5153.07 of the Revised Code to abolish the Aid to 87
Dependent Children and the Job Opportunities and 88
Basic Skills Training Programs, create the Ohio 89
Works First Program, to revise the law governing
the Disability Assistance Program, Food Stamp 90
Program, Title XX social services, day care, 92
confidentiality of public assistance records, and
administration of human services, children 93
services, and child support enforcement. 94
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 96
Section 1. That sections 117.45, 124.11, 124.26, 124.30, 98
125.13, 127.16, 176.05, 302.18, 307.01, 307.12, 307.441, 307.851, 99
319.16, 329.01, 329.02, 329.03, 329.04, 329.043, 329.05, 329.051, 102
329.06, 329.09, 2151.011, 2151.10, 2151.31, 2151.421, 2301.03, 103
2301.35, 2301.351, 2301.357, 2301.36, 2301.37, 2301.372, 2329.66, 104
2715.041, 2715.045, 2716.13, 2901.30, 2921.13, 2951.02, 3101.01, 105
4
3107.01, 3109.051, 3111.09, 3111.20, 3111.23, 3113.06, 3113.07, 107
3113.21, 3113.215, 3113.216, 3113.217, 3113.218, 3115.24,
3301.0719, 3313.64, 3317.023, 3317.10, 3317.14, 3701.503, 109
3727.17, 4115.04, 4117.01, 4123.27, 4141.16, 4141.162, 4141.163, 110
4141.28, 5101.02, 5101.06, 5101.07, 5101.071, 5101.10, 5101.14, 112
5101.141, 5101.15, 5101.16, 5101.161, 5101.18, 5101.181, 113
5101.183, 5101.31, 5101.323, 5101.35, 5101.36, 5101.37, 5101.46, 114
5101.54, 5101.544, 5101.58, 5101.59, 5101.82, 5101.83, 5101.91, 116
5101.92, 5101.93, 5101.97, 5101.99, 5103.02, 5103.154, 5104.01, 117
5104.011, 5104.03, 5104.04, 5104.081, 5104.11, 5104.30, 5104.31, 118
5104.32, 5104.34, 5104.38, 5104.39, 5104.42, 5107.01, 5107.02, 119
5107.031, 5107.04, 5107.041, 5107.05, 5107.07, 5107.071, 5107.10, 120
5107.12, 5107.13, 5107.15, 5107.18, 5107.19, 5107.21, 5107.22, 121
5107.23, 5107.24, 5107.25, 5107.26, 5107.30, 5107.31, 5107.32, 122
5111.01, 5111.013, 5111.017, 5111.023, 5111.09, 5115.01, 5115.03, 124
5115.05, 5119.22, 5119.65, 5119.68, 5122.39, 5123.93, 5139.18, 125
5153.01, 5153.08, 5153.09, 5153.091, 5153.10, 5153.11, 5153.111, 126
5153.12, 5153.13, 5153.131, 5153.14, 5153.16, 5153.161, 5153.162, 127
5153.163, 5153.164, 5153.165, 5153.17, 5153.18, 5153.19, 5153.20, 129
5153.21, 5153.22, 5153.23, 5153.25, 5153.26, 5153.27, 5153.28, 130
5153.29, 5153.30, 5153.31, 5153.32, 5153.33, 5153.34, 5153.35, 131
5153.36, 5153.49, 5153.53, 5502.13, 5709.64, 5709.66, 5733.04, 132
and 5747.01 be amended; sections 5101.82 (5107.52), 5101.83
(5107.54), 5101.91 (5107.68), 5101.92 (5107.66), 5107.01 133
(5107.02), 5107.02 (5107.10), 5107.031 (5107.29), 5107.04 134
(5107.76), 5107.041 (5107.17), 5107.05 (5107.15), 5107.07 135
(5107.25), 5107.071 (5107.27), 5107.10 (5107.72), 5107.12 136
(5107.75), 5107.13 (5107.77), 5107.15 (329.022), 5107.18 137
(5107.35), 5107.19 (5107.351), 5107.21 (5107.352), 5107.22 138
(5107.353), 5107.23 (5107.354), 5107.24 (5107.355), 5107.25 139
(5107.356), 5107.26 (5107.357), 5107.30 (5107.33), 5107.32 140
(5107.20), 5153.08 (5153.03), 5153.09 (5153.04), and 5153.091 141
(5153.05) be amended for the purpose of adopting a new section 142
number as indicated in parentheses; section 5101.323 be revived 143
5
and amended; and new sections 5107.01, 5107.03, 5107.04, 5107.06, 144
5107.11, 5107.13, 5107.21, 5107.23, and 5153.02, and sections 146
307.98, 307.981, 307.982, 307.983, 307.984, 307.985, 307.986, 147
329.11, 329.12, 329.13, 329.14, 3319.089, 5101.21, 5101.211, 150
5101.212, 5101.22, 5101.23, 5101.24, 5101.25, 5101.26, 5101.27, 152
5101.28, 5101.29, 5101.30, 1501.971, 5104.13, 5104.301, 5107.40, 153
5107.41, 5107.42, 5107.43, 5107.44, 5107.50, 5107.541, 5107.58, 154
5107.60, 5107.62, 5107.64, 5107.65, 5107.67, 5107.70, 5107.71, 156
5107.78, and 5111.113 of the Revised Code be enacted to read as 158
follows: 159
Sec. 117.45. (A) The auditor of state shall draw warrants 168
against the treasurer of state pursuant to all requests for 169
payment that the director of budget and management has approved 170
under section 126.07 of the Revised Code. 171
(B) Unless the director of human services has provided for 173
the making of payments by electronic benefit transfer, if a 174
financial institution and account have been designated by the 175
PARTICIPANT OR recipient, payment by the auditor of state to a 176
recipient PARTICIPANT of aid to dependent children THE WORK 178
COMPONENT OF THE OHIO WORKS FIRST PROGRAM pursuant to Chapter 179
5107. of the Revised Code or A RECIPIENT OF disability assistance 181
pursuant to Chapter 5115. of the Revised Code shall be made by 182
direct deposit to the account of the PARTICIPANT OR recipient in 183
the financial institution. Payment by the auditor of state to a 185
recipient of public assistance pursuant to section 5101.33 of the 186
Revised Code shall be by electronic benefit transfer payment. 187
PAYMENT by the auditor of state as compensation to an employee of 189
the state who has, pursuant to section 124.151 of the Revised 190
Code, designated a financial institution and account for the 191
direct deposit of such payments shall be made by direct deposit 192
to the account of the employee. Payment to any other payee who 193
has designated a financial institution and account for the direct 194
deposit of such payment may be made by direct deposit to the 195
account of the payee in the financial institution as provided in 196
6
section 9.37 of the Revised Code. The auditor of state shall 197
contract with an authorized financial institution for the 198
services necessary to make direct deposits or electronic benefit 199
transfers under this division and draw lump sum warrants payable 200
to that institution in the amount to be transferred. Accounts 201
maintained by the auditor of state or his THE AUDITOR OF STATE'S 202
agent in a financial institution for the purpose of effectuating 203
payment by direct deposit or electronic benefit transfer shall be 204
maintained in accordance with section 135.18 of the Revised Code. 205
(C) All other payments from the state treasury shall be 207
made by paper warrants payable to the respective payees. The 208
auditor of state may mail the paper warrants to the respective 209
payees or distribute them through other state agencies, whichever 210
he THE AUDITOR OF STATE determines to be the better procedure. 211
(D) If the average per transaction cost the auditor of 213
state incurs in making direct deposits for a state agency exceeds 214
the average per transaction cost he THE AUDITOR OF STATE incurs 215
in drawing paper warrants for all public offices during the same 217
period of time, he THE AUDITOR OF STATE may certify the 218
difference in cost and the number of direct deposits for the 220
agency to the director of administrative services. The director 221
shall reimburse the auditor of state for such additional costs 222
and add the amount to the processing charge assessed upon the 223
state agency.
Sec. 124.11. The civil service of the state and the 231
several counties, cities, civil service townships, city health 232
districts, general health districts, and city school districts 233
thereof shall be divided into the unclassified service and the 234
classified service. 235
(A) The unclassified service shall comprise the following 237
positions, which shall not be included in the classified service, 238
and which shall be exempt from all examinations required by this 239
chapter: 240
(1) All officers elected by popular vote or persons 242
7
appointed to fill vacancies in such offices; 243
(2) All election officers as defined in section 3501.01 of 245
the Revised Code; 246
(3) The members of all boards and commissions, and heads 248
of principal departments, boards, and commissions appointed by 249
the governor or by and with the governor's consent; and the 250
members of all boards and commissions and all heads of 251
departments appointed by the mayor, or, if there is no mayor, 252
such other similar chief appointing authority of any city or city 253
school district; except as otherwise provided in division (A)(17) 254
or (C) of this section, this chapter does not exempt the chiefs 255
of police departments and chiefs of fire departments of cities or 256
civil service townships from the competitive classified service; 257
(4) The members of county or district licensing boards or 259
commissions and boards of revision, and deputy county auditors; 260
(5) All officers and employees elected or appointed by 262
either or both branches of the general assembly, and such 263
employees of the city legislative authority as are engaged in 264
legislative duties; 265
(6) All commissioned and noncommissioned officers and 267
enlisted persons in the military service of the state including 268
military appointees in the office of the adjutant general; 269
(7)(a) All presidents, business managers, administrative 271
officers, superintendents, assistant superintendents, principals, 272
deans, assistant deans, instructors, teachers, and such employees 273
as are engaged in educational or research duties connected with 274
the public school system, colleges, and universities, as 275
determined by the governing body of the public school system, 276
colleges, and universities; 277
(b) The library staff of any library in the state 279
supported wholly or in part at public expense. 280
(8) Four clerical and administrative support employees for 282
each of the elective state officers; and three clerical and 283
administrative support employees for other elective officers and 284
8
each of the principal appointive executive officers, boards, or 285
commissions, except for civil service commissions, that are 286
authorized to appoint such clerical and administrative support 287
employees; 288
(9) The deputies and assistants of state agencies 290
authorized to act for and on behalf of the agency, or holding a 291
fiduciary or administrative relation to that agency and those 292
persons employed by and directly responsible to elected county 293
officials or a county administrator and holding a fiduciary or 294
administrative relationship to such elected county officials or 295
county administrator, and the employees of such county officials 296
whose fitness would be impracticable to determine by competitive 298
examination, provided that division (A)(9) of this section shall 299
not affect those persons in county employment in the classified 300
service as of September 19, 1961. Nothing in division (A)(9) of 301
this section applies to any position in a county department of 302
human services created pursuant to sections 329.01 to 329.10 303
CHAPTER 329. of the Revised Code. 305
(10) Bailiffs, constables, official stenographers, and 307
commissioners of courts of record, deputies of clerks of the 308
courts of common pleas who supervise, or who handle public moneys 309
or secured documents, and such officers and employees of courts 310
of record and such deputies of clerks of the courts of common 311
pleas as the director of administrative services finds it 312
impracticable to determine their fitness by competitive 313
examination; 314
(11) Assistants to the attorney general, special counsel 316
appointed or employed by the attorney general, assistants to 317
county prosecuting attorneys, and assistants to city directors of 318
law; 319
(12) Such teachers and employees in the agricultural 321
experiment stations; such students in normal schools, colleges, 322
and universities of the state who are employed by the state or a 323
political subdivision of the state in student or intern 324
9
classifications; and such unskilled labor positions as the 325
director of administrative services or any municipal civil 326
service commission may find it impracticable to include in the 327
competitive classified service; provided such exemptions shall be 328
by order of the commission or the director, duly entered on the 329
record of the commission or the director with the reasons for 330
each such exemption; 331
(13) Any physician or dentist who is a full-time employee 333
of the department of mental health or the department of mental 334
retardation and developmental disabilities or of an institution 335
under the jurisdiction of either department; and physicians who 336
are in residency programs at the institutions; 337
(14) Up to twenty positions at each institution under the 339
jurisdiction of the department of mental health or the department 340
of mental retardation and developmental disabilities that the 341
department director determines to be primarily administrative or 342
managerial; and up to fifteen positions in any division of either 343
department, excluding administrative assistants to the director 344
and division chiefs, which are within the immediate staff of a 345
division chief and which the director determines to be primarily 346
and distinctively administrative and managerial; 347
(15) Noncitizens of the United States employed by the 349
state, or its counties or cities, as physicians or nurses who are 350
duly licensed to practice their respective professions under the 351
laws of Ohio, or medical assistants, in mental, tuberculosis, or 352
chronic disease hospitals, or institutions; 353
(16) Employees of the governor's office; 355
(17) Fire chiefs and chiefs of police in civil service 357
townships appointed by boards of township trustees under section 358
505.38 or 505.49 of the Revised Code; 359
(18) Executive directors, deputy directors, and program 361
directors employed by boards of alcohol, drug addiction, and 362
mental health services under Chapter 340. of the Revised Code, 363
and secretaries of the executive directors, deputy directors, and 364
10
program directors; 365
(19) Superintendents, and management employees as defined 367
in section 5126.20 of the Revised Code, of county boards of 368
mental retardation and developmental disabilities; 369
(20) Physicians, nurses, and other employees of a county 371
hospital who are appointed pursuant to sections 339.03 and 339.06 372
of the Revised Code; 373
(21) The executive director of the state medical board, 375
who is appointed pursuant to division (B) of section 4731.05 of 376
the Revised Code; 377
(22) County directors of human services as provided in 379
section 329.02 of the Revised Code and administrators appointed 380
under section 329.021 of the Revised Code; 381
(23) A director of economic development who is hired 383
pursuant to division (A) of section 307.07 of the Revised Code; 384
(24) Chiefs of construction and compliance, of operations 386
and maintenance, and of licensing and certification in the 387
division of industrial compliance in the department of commerce; 388
(25) The executive director of a county transit system 390
appointed under division (A) of section 306.04 of the Revised 391
Code;
(26) Up to five positions at each of the administrative 393
departments listed in section 121.02 of the Revised Code and at 394
the department of taxation, department of the adjutant general, 395
department of education, Ohio board of regents, bureau of 396
employment services, bureau of workers' compensation, industrial 397
commission, state lottery commission, and public utilities 398
commission of Ohio that the head of that administrative 399
department or of that other state agency determines to be
involved in policy development and implementation. The head of 400
the administrative department or other state agency shall set the 401
compensation for employees in these positions at a rate that is 402
not less than the minimum compensation specified in pay range 41 403
but not more than the maximum compensation specified in pay range 404
11
44 of salary schedule E-2 in section 124.152 of the Revised Code. 405
The authority to establish positions in the unclassified service 406
under division (A)(26) of this section is in addition to and does 407
not limit any other authority that an administrative department 408
or state agency has under the Revised Code to establish 409
positions, appoint employees, or set compensation. 410
(27) Employees of the department of agriculture employed 412
under section 901.09 of the Revised Code; 413
(28) For cities, counties, civil service townships, city 415
health districts, general health districts, and city school 417
districts, the deputies and assistants of elective or principal 418
executive officers authorized to act for and in the place of 419
their principals or holding a fiduciary relation to their
principals.
(B) The classified service shall comprise all persons in 421
the employ of the state and the several counties, cities, city 422
health districts, general health districts, and city school 423
districts thereof, not specifically included in the unclassified 424
service. Upon the creation by the board of trustees of a civil 425
service township civil service commission, the classified service 426
shall also comprise, except as otherwise provided in division 427
(A)(17) or (C) of this section, all persons in the employ of 428
civil service township police or fire departments having ten or 429
more full-time paid employees. The classified service consists 430
of two classes, which shall be designated as the competitive 431
class and the unskilled labor class. 432
(1) The competitive class shall include all positions and 434
employments in the state and the counties, cities, city health 435
districts, general health districts, and city school districts 436
thereof, and upon the creation by the board of trustees of a 437
civil service township of a township civil service commission all 438
positions in civil service township police or fire departments 439
having ten or more full-time paid employees, for which it is 440
practicable to determine the merit and fitness of applicants by 441
12
competitive examinations. Appointments shall be made to, or 442
employment shall be given in, all positions in the competitive 443
class that are not filled by promotion, reinstatement, transfer, 444
or reduction, as provided in this chapter, and the rules of the 445
director of administrative services, by appointment from those 446
certified to the appointing officer in accordance with this 447
chapter. 448
(2) The unskilled labor class shall include ordinary 450
unskilled laborers. Vacancies in the labor class shall be filled 451
by appointment from lists of applicants registered by the 452
director. The director or the commission shall, by rule, require 453
an applicant for registration in the labor class to furnish such 454
evidence or take such tests as the director considers proper with 455
respect to age, residence, physical condition, ability to labor, 456
honesty, sobriety, industry, capacity, and experience in the work 457
or employment for which he applies APPLICATION IS MADE. Laborers 459
who fulfill the requirements shall be placed on the eligible list 461
for the kind of labor or employment sought, and preference shall 462
be given in employment in accordance with the rating received 463
from such evidence or in such tests. Upon the request of an 464
appointing officer, stating the kind of labor needed, the pay and 465
probable length of employment, and the number to be employed, the 466
director shall certify from the highest on the list double the 467
number to be employed; from this number the appointing officer 468
shall appoint the number actually needed for the particular work. 469
If more than one applicant receives the same rating, priority in 470
time of application shall determine the order in which their 471
names shall be certified for appointment. 472
(C) A municipal or civil service township civil service 474
commission may place volunteer fire fighters who are paid on a 475
fee-for-service basis in either the classified or the 476
unclassified civil service. 477
Sec. 124.26. (A) Except as provided in divisions (B) and 487
(C) of this section, from the returns of the examinations the 488
13
director of administrative services shall prepare an eligible 489
list of the persons whose general average standing upon 490
examinations for such grade or class is not less than the minimum 491
fixed by the rules of the director, and who are otherwise 492
eligible; and such persons shall take rank upon the eligible list 493
as candidates in the order of their relative excellence as 494
determined by the examination without reference to priority of 495
the time of examination. In the event two or more applicants 496
receive the same mark in an open competitive examination, 497
priority in the time of filing the application with the director 498
shall determine the order in which their names shall be placed on 499
the eligible list; provided, that applicants eligible for 500
veteran's preference under section 124.23 of the Revised Code 501
shall receive priority in rank on the eligible list over 502
nonveterans on the list with a rating equal to that of the 503
veteran. Ties among veterans shall be decided by priority of 504
filing the application. In the event of two or more applicants 505
receiving the same mark on a promotional examination, seniority 506
shall determine the order in which their names shall be placed on 507
the eligible list. The term of eligibility of each list shall be 508
fixed by the director at not less than one nor more than two 509
years. When an eligible list is reduced to ten names or less, a 511
new list may be prepared. The director may consolidate two or
more eligible lists of the same kind by the rearranging of 512
eligibles named therein, according to their grades. 513
(B) A person serving as a provisional employee who passes 516
an examination, given for the department in which he THE PERSON 517
is employed, for the class or grade in which the person holds the 518
position shall be appointed as a certified employee in the 519
position before the director of administrative services prepares 520
an eligible list.
(C) A PARTICIPANT OF THE WORK COMPONENT OF THE OHIO WORKS 523
FIRST PROGRAM PLACED IN A SUBSIDIZED POSITION UNDER DIVISION (C) 524
OF SECTION 5107.52 OF THE REVISED CODE WHO RECEIVES A 525
14
SATISFACTORY EVALUATION AFTER COMPLETING SIX MONTHS' SERVICE IN
THE SUBSIDIZED POSITION AND PASSES AN EXAMINATION FOR THE CLASS 526
OR GRADE IN WHICH THE PARTICIPANT HOLDS THE SUBSIDIZED POSITION 527
SHALL BE APPOINTED AS A PERMANENT EMPLOYEE IN THE POSITION BEFORE 528
THE DIRECTOR OF ADMINISTRATIVE SERVICES PREPARES AN ELIGIBLE 529
LIST.
Sec. 124.30. Positions in the classified service may be 538
filled without competition as follows: 539
(A) Whenever there are urgent reasons for filling a 541
vacancy in any position in the classified service and the 542
director of administrative services is unable to certify to the 543
appointing authority, upon requisition by the latter, a list of 544
persons eligible for appointment to such position after a 545
competitive examination, the appointing authority may nominate a 546
person to the director for noncompetitive examination, and if 547
such nominee is certified by the director as qualified after such 548
noncompetitive examination, the nominee may be appointed 549
provisionally to fill such vacancy until a selection and 551
appointment can be made after competitive examination; but such 552
provisional appointment shall continue in force only until a 553
regular appointment can be made from eligible lists prepared by 554
the director and such eligible lists shall be prepared within six 555
months, provided that an examination for the position must be 556
held within the six-month period from the date of such 557
provisional appointment. In the case of provisional appointees 558
in county agencies administering aid to the blind or aid to 559
dependent children DEPARTMENTS OF HUMAN SERVICES and in the 560
department of human services and department of health, if the 561
salary is paid in whole or in part from federal funds, such 562
eligible lists shall be prepared within six months, provided that 563
an examination for the position must be held within the six-month 564
period from the date of such provisional appointment. In case of 565
an emergency, an appointment may be made without regard to the 566
rules of sections 124.01 to 124.64 of the Revised Code, but in no 567
15
case to continue longer than thirty days, and in no case shall 568
successive appointments be made. Interim or temporary 569
appointments, made necessary by reason of sickness, disability, 570
or other approved leave of absence of regular officers or 571
employees shall continue only during such period of sickness, 572
disability, or other approved leave of absence, subject to rules 573
to be provided for by the director. 574
Persons who receive interim, temporary, or intermittent 576
appointments shall serve at the pleasure of their appointing 577
authority. Interim appointments shall be made only to fill a 578
vacancy that results from an employee's temporary absence, but 579
shall not be made to fill a vacancy that results because an 580
employee receives an interim appointment. 581
(B) In case of a vacancy in a position in the classified 583
service where peculiar and exceptional qualifications of a 584
scientific, managerial, professional, or educational character 585
are required, and upon satisfactory evidence that for specified 586
reasons competition in such special case is impracticable and 587
that the position can best be filled by a selection of some 588
designated person of high and recognized attainments in such 589
qualities, the director may suspend the provisions of sections 590
124.01 to 124.64 of the Revised Code, requiring competition in 591
such case, but no suspension shall be general in its application, 592
and all such cases of suspension shall be reported in the annual 593
report of the director with the reasons for the suspension. 594
(C) Where the services to be rendered by an appointee are 596
for a temporary period, not to exceed six months, and the need of 597
such service is important and urgent, the appointing authority 598
may select for such temporary service any person on the proper 599
list of those eligible for permanent appointment. Successive 600
temporary appointments to the same position shall not be made 601
under this division. The acceptance or refusal by an eligible of 602
a temporary appointment shall not affect the person's standing on 603
the register for permanent employment; nor shall the period of 604
16
temporary service be counted as a part of the probationary 605
service in case of subsequent appointment to a permanent 606
position. 607
Sec. 125.13. (A) Whenever a state agency determines that 616
it has excess or surplus supplies, it shall notify the director 617
of administrative services. Upon request by the director and on 618
forms provided by him THE DIRECTOR, the state agency shall 619
furnish to the director a list of all such excess and surplus 620
supplies and an appraisal of their value. 621
(B) The director of administrative services shall take 623
immediate possession of a state agency's excess and surplus 624
supplies, except for those that have a value below the minimum 625
value the director establishes for excess and surplus supplies 626
under division (D) of this section. The director shall inventory 627
excess and surplus supplies in his THE DIRECTOR'S possession and 628
may have the supplies repaired. 629
(C) The director may dispose DO EITHER OF THE FOLLOWING: 631
(1) DISPOSE of declared surplus or excess supplies in his 634
THE DIRECTOR'S possession by sale, lease, or transfer. If he THE 635
DIRECTOR does so, he THE DIRECTOR shall dispose of such supplies 636
in the following order of priority: 637
(1)(a) To state agencies; 639
(2)(b) To state-supported or state-assisted institutions 641
of higher education; 642
(3)(c) To tax-supported agencies, municipal corporations, 644
or other political subdivisions of this state; 645
(4)(d) To the general public by auction, sealed bid, or 647
negotiation. 648
(2) DONATE ANY DECLARED SURPLUS OR EXCESS MOTOR VEHICLE 650
THAT DOES NOT EXCEED FOUR THOUSAND FIVE HUNDRED DOLLARS IN VALUE 651
TO A NONPROFIT ORGANIZATION EXEMPT FROM FEDERAL INCOME TAXATION 652
PURSUANT TO 26 U.S.C. 501(a) AND (c)(3) FOR THE PURPOSE OF 653
MEETING THE TRANSPORTATION NEEDS OF PARTICIPANTS IN THE OHIO 654
WORKS FIRST PROGRAM ESTABLISHED UNDER CHAPTER 5107. OF THE 655
17
REVISED CODE.
(D) The director may adopt rules governing the sale, 657
lease, or transfer of surplus and excess supplies in his THE 658
DIRECTOR'S possession by public auction, sealed bid, or 659
negotiation, except that no employee of the disposing agency 661
shall be allowed to purchase, lease, or receive any such 662
supplies. The director may dispose of declared surplus or excess 663
supplies, INCLUDING MOTOR VEHICLES, in his THE DIRECTOR'S 665
possession as he THE DIRECTOR determines proper if such supplies 666
cannot be sold, leased, or transferred DISPOSED OF PURSUANT TO 667
DIVISION (C) OF THIS SECTION. The director shall by rule 668
establish a minimum value for excess and surplus supplies and
prescribe procedures for a state agency to follow in disposing of 670
excess and surplus supplies in its possession that have a value 671
below the minimum value established by the director. 672
(E) No state-supported or state-assisted institution of 674
higher education, tax-supported agency, municipal corporation, or 675
other political subdivision of this state shall sell, lease, or 676
transfer excess or surplus supplies acquired under this section 677
to private entities or the general public at a price greater than 678
the price it originally paid for such supplies. 679
Sec. 127.16. (A) Upon the request of either a state 692
agency or the director of budget and management and after the 693
controlling board determines that an emergency or a sufficient 694
economic reason exists, the controlling board may approve the 695
making of a purchase without competitive selection as provided in 696
division (B) of this section. 697
(B) Except as otherwise provided in this section, no state 699
agency, using money that has been appropriated to it directly, 700
shall: 701
(1) Make any purchase from a particular supplier, that 703
would amount to fifty thousand dollars or more when combined with 704
both the amount of all disbursements to the supplier during the 705
fiscal year for purchases made by the agency and the amount of 706
18
all outstanding encumbrances for purchases made by the agency 707
from the supplier, unless the purchase is made by competitive 708
selection or with the approval of the controlling board; 709
(2) Lease real estate from a particular supplier, if the 711
lease would amount to seventy-five thousand dollars or more when 712
combined with both the amount of all disbursements to the 713
supplier during the fiscal year for real estate leases made by 714
the agency and the amount of all outstanding encumbrances for 715
real estate leases made by the agency from the supplier, unless 716
the lease is made by competitive selection or with the approval 717
of the controlling board. 718
(C) Any person who authorizes a purchase in violation of 720
division (B) of this section shall be liable to the state for any 721
state funds spent on the purchase, and the attorney general shall 722
collect the amount from the person. 723
(D) Nothing in division (B) of this section shall be 725
construed as: 726
(1) A limitation upon the authority of the director of 728
transportation as granted in sections 5501.17, 5517.02, and 729
5525.14 of the Revised Code; 730
(2) Applying to medicaid provider agreements under Chapter 732
5111. of the Revised Code, payments for services provided prior 734
to July 17, 1995, under general assistance medical assistance 735
established under former Chapter 5113. of the Revised Code, or 736
payments or provider agreements under disability assistance 737
medical assistance established under Chapter 5115. of the Revised 738
Code;
(3) Applying to the purchase of examinations from a sole 740
supplier by a state licensing board under Title XLVII of the 741
Revised Code; 742
(4) Applying to entertainment contracts for the Ohio state 744
fair entered into by the Ohio expositions commission, provided 745
that the controlling board has given its approval to the 746
commission to enter into such contracts and has approved a total 747
19
budget amount for such contracts as agreed upon by commission 748
action, and that the commission causes to be kept itemized 749
records of the amounts of money spent under each contract and 750
annually files those records with the legislative clerk of the 751
house of representatives and the clerk of the senate following 752
the close of the fair; 753
(5) Limiting the authority of the chief of the division of 755
mines and reclamation to contract for reclamation work with an 756
operator mining adjacent land as provided in section 1513.27 of 757
the Revised Code; 758
(6) Applying to investment transactions and procedures of 760
any state agency, except that the agency shall file with the 761
board the name of any person with whom the agency contracts to 762
make, broker, service, or otherwise manage its investments, as 763
well as the commission, rate, or schedule of charges of such 764
person with respect to any investment transactions to be 765
undertaken on behalf of the agency. The filing shall be in a 766
form and at such times as the board considers appropriate. 767
(7) Applying to purchases made with money for the per cent 769
for arts program established by section 3379.10 of the Revised 770
Code; 771
(8) Applying to purchases made by the rehabilitation 773
services commission of services, or supplies, that are provided 774
to persons with disabilities, or to purchases made by the 775
commission in connection with the eligibility determinations it 776
makes for applicants of programs administered by the social 777
security administration; 778
(9) Applying to payments by the department of human 780
services under section 5111.13 of the Revised Code for group 781
health plan premiums, deductibles, coinsurance, and other 782
cost-sharing expenses; 783
(10) Applying to any agency of the legislative branch of 785
the state government; 786
(11) Applying to agreements entered into under section 788
20
5101.11, 5101.21, OR 5101.211 of the Revised Code; 789
(12) Applying to purchases of services by the adult parole 791
authority under section 2967.14 of the Revised Code or by the 792
department of youth services under section 5139.08 of the Revised 793
Code; 794
(13) Applying to dues or fees paid for membership in an 796
organization or association; 797
(14) Applying to purchases of utility services pursuant to 799
section 9.30 of the Revised Code; 800
(15) Applying to purchases made in accordance with rules 802
adopted by the department of administrative services of motor 803
vehicle, aviation, or watercraft fuel, or emergency repairs of 804
such vehicles; 805
(16) Applying to purchases of tickets for passenger air 807
transportation; 808
(17) Applying to purchases necessary to provide public 810
notifications required by law or to provide notifications of job 811
openings; 812
(18) Applying to the judicial branch of state government; 814
(19) Applying to purchases of liquor for resale by the 816
department or, on and after July 1, 1997, the division of liquor 817
control;
(20) Applying to purchases of motor courier and freight 819
services made in accordance with department of administrative 820
services rules; 821
(21) Applying to purchases from the United States postal 823
service and purchases of stamps and postal meter replenishment 824
from vendors at rates established by the United States postal 825
service; 826
(22) Applying to purchases of books, periodicals, 828
pamphlets, newspapers, maintenance subscriptions, and other 829
published materials; 830
(23) Applying to purchases from other state agencies, 832
including state-assisted institutions of higher education; 833
21
(24) Limiting the authority of the director of 835
environmental protection to enter into contracts under division 836
(D) of section 3745.14 of the Revised Code to conduct compliance 837
reviews, as defined in division (A) of that section; 838
(25) Applying to purchases from a qualified nonprofit 840
agency pursuant to sections 4115.31 to 4115.35 of the Revised 841
Code; 842
(26) Applying to payments by the department of human 844
services to the United States department of health and human 845
services for printing and mailing notices pertaining to the tax 846
refund offset program of the internal revenue service of the 847
United States department of the treasury; 848
(27) Applying to contracts entered into by the department 850
of mental retardation and developmental disabilities under 851
sections 5123.18, 5123.182, and 5111.252 of the Revised Code; 852
(28) Applying to payments made by the department of mental 854
health under a physician recruitment program authorized by 855
section 5119.101 of the Revised Code. 856
(E) Notwithstanding division (B)(1) of this section, the 858
cumulative purchase threshold shall be seventy-five thousand 859
dollars for the departments of mental retardation and 860
developmental disabilities, mental health, rehabilitation and 861
correction, and youth services. 862
(F) When determining whether a state agency has reached 864
the cumulative purchase thresholds established in divisions 865
(B)(1), (B)(2), and (E) of this section, all of the following 866
purchases by such agency shall not be considered: 867
(1) Purchases made through competitive selection or with 869
controlling board approval; 870
(2) Purchases listed in division (D) of this section; 872
(3) For the purposes of the thresholds of divisions (B)(1) 874
and (E) of this section only, leases of real estate. 875
(G) As used in this section, "competitive selection," 877
"purchase," "supplies," and "services" have the same meanings as 878
22
in section 125.01 of the Revised Code. 879
Sec. 176.05. (A)(1) Notwithstanding any provision of law 888
to the contrary, the rate of wages payable for the various 889
occupations covered by sections 4115.03 to 4115.16 of the Revised 890
Code, to persons employed on a project who are not qualified ANY 892
OF THE FOLLOWING SHALL BE DETERMINED ACCORDING TO THIS SECTION:
(a) QUALIFIED volunteers or persons; 895
(b) PERSONS required to participate in the job 897
opportunities and basic skills training program established A 898
WORK ACTIVITY, DEVELOPMENTAL ACTIVITY, OR ALTERNATIVE WORK 899
ACTIVITY under section 5101.81 SECTIONS 5107.40 TO 5107.68 of the 900
Revised Code, shall be determined according to this section. An 902
EXCEPT THOSE ENGAGED IN PAID EMPLOYMENT OR SUBSIDIZED EMPLOYMENT 903
PURSUANT TO THE ACTIVITY;
(c) FOOD STAMP BENEFIT RECIPIENTS REQUIRED TO PARTICIPATE 905
IN EMPLOYMENT AND TRAINING ACTIVITIES ESTABLISHED BY RULES 906
ADOPTED UNDER SECTION 5101.54 OF THE REVISED CODE. 907
AN association representing the general contractors or 910
subcontractors that engage in the business of residential 911
construction in a certain locality shall negotiate with the 912
applicable building and construction trades council in that 913
locality an agreement or understanding that sets forth the
residential prevailing rate of wages, payable on projects in that 914
locality, for each of the occupations employed on those projects. 915
(2) Notwithstanding any residential prevailing rate of 917
wages established prior to July 1, 1995, if, by October 1, 1995, 919
the parties are unable to agree under division (A)(1) of this 920
section as to the rate of wages payable for each occupation 921
covered by sections 4115.03 to 4115.16 of the Revised Code, the 922
administrator of the bureau of employment services shall 923
establish the rate of wages payable for each occupation. 924
(3) The residential prevailing rate of wages established 926
under division (A)(1) or (2) of this section shall not be equal 927
to or greater than the prevailing rate of wages determined by the 928
23
administrator pursuant to sections 4115.03 to 4115.16 of the 929
Revised Code for any of the occupations covered by those 930
sections.
(B) Except for the prevailing rate of wages determined by 932
the administrator pursuant to sections 4115.03 to 4115.16 of the 934
Revised Code, those sections and section 4115.99 of the Revised
Code apply to projects. 935
(C) The residential prevailing rate of wages established 937
under division (A) of this section is not payable to any 938
individual or member of that individual's family who provides 939
labor in exchange for acquisition of the property for 940
homeownership or who provides labor in place of or as a 941
supplement to any rental payments for the property. 942
(D) For the purposes of this section: 944
(1) "Project" means any construction, rehabilitation, 946
remodeling, or improvement of residential housing, whether on a 947
single or multiple site for which a person, as defined in section 948
1.59 of the Revised Code, or municipal corporation, county, or 949
township receives financing, that is financed in whole or in part 950
from state moneys or pursuant to this chapter, section 133.51 or 951
307.698 of the Revised Code, or Chapter 175. of the Revised Code, 952
except for any of the following: 953
(a) The single-family mortgage revenue bonds homeownership 955
program under Chapter 175. of the Revised Code, including 956
owner-occupied dwellings of one to four units; 957
(b) Projects consisting of fewer than six units developed 959
by any entity that is not a nonprofit organization exempt from 960
federal income tax under section 501(c)(3) of the Internal 961
Revenue Code; 962
(c) Projects of fewer than twenty-five units developed by 964
any nonprofit organization that is exempt from federal income tax 965
under section 501(c)(3) of the Internal Revenue Code; 966
(d) Programs undertaken by any municipal corporation, 968
county, or township, including lease-purchase programs, using 969
24
mortgage revenue bond financing; 970
(e) Any individual project, that is sponsored or developed 972
by a nonprofit organization that is exempt from federal income 973
tax under section 501(c)(3) of the Internal Revenue Code, for 974
which the federal government or any of its agencies furnishes by 975
loan, grant, low-income housing tax credit, or insurance more 976
than twelve per cent of the costs of the project. For purposes 977
of division (D)(2)(e) of this section, the value of the 978
low-income housing tax credits shall be calculated as the 979
proceeds from the sale of the tax credits, less the costs of the 980
sale. 981
As used in division (D)(1)(e) of this section, "sponsored" 983
means that the general partner of a limited partnership owning 984
the project is either a nonprofit organization that is exempt 985
from federal income tax under section 501(c)(3) of the Internal 986
Revenue Code or a person, as defined in section 1.59 of the 987
Revised Code, in which such a nonprofit organization maintains 988
controlling interest. 989
Nothing in division (D)(1)(e) of this section shall be 991
construed as permitting unrelated projects to be combined for the 992
sole purpose of determining the total percentage of project costs 993
furnished by the federal government or any of its agencies. 994
(2) A "project" is a "public improvement" and the state or 996
a political subdivision that undertakes or participates in the 997
financing of a project is a "public authority," as both of the 998
last two terms are defined in section 4115.03 of the Revised 999
Code. 1,000
(3) "Qualified volunteers" are volunteers who are working 1,002
without compensation for a nonprofit organization that is exempt 1,003
from federal income tax under section 501(c)(3) of the Internal 1,004
Revenue Code, and that is providing housing or housing assistance 1,005
only to families and individuals in a county whose incomes are 1,006
not greater than one hundred forty per cent of the median income 1,007
of that county as determined under section 175.23 of the Revised 1,008
25
Code. 1,009
Sec. 302.18. (A) The county executive shall be the 1,018
administrative head of the county and shall have all powers and 1,019
shall perform all duties of an administrative or executive nature 1,020
vested in or imposed upon the board of county commissioners by 1,021
general law or by agreement with any municipality or other 1,022
subdivision of government of Ohio and such additional powers as 1,023
are granted and imposed by the board, and he THE COUNTY EXECUTIVE 1,025
shall administer the resolutions of the board of county 1,026
commissioners and the laws of the state relating to or required 1,027
to be enforced by his THE COUNTY EXECUTIVE'S office. The county 1,029
executive shall supervise the departments established pursuant to 1,030
division (A) of section 302.13 of the Revised Code. All authority 1,031
of the board of county commissioners under general law with 1,032
respect to the adoption of the county budget and the submission 1,033
of any matter to the electors shall be exercised by the board of 1,034
county commissioners provided for under Chapter 302. of the 1,035
Revised Code. Contracts between the county and other agencies of 1,036
government shall be approved or authorized by the board of county 1,037
commissioners.
(B) The county executive, under the elective executive 1,039
plan, shall exercise all authority of the board of county 1,040
commissioners to appoint, suspend, and remove all county 1,041
personnel whose appointment, suspension, and removal was a 1,042
function of the board of county commissioners under general law, 1,043
except for the clerk of the board of county commissioners, the 1,044
clerk's clerical assistants, and the appointments listed in 1,045
division (C) of section 302.18 of the Revised Code. Under the 1,046
appointive executive plan, the board of county commissioners 1,047
shall have the power to appoint, suspend, and remove all county 1,048
personnel whose appointment, suspension, and removal was a 1,049
function of the board under general law, upon the recommendation 1,050
of the county executive. 1,051
(C) Appointment of officers, which by general law in 1,053
26
sections 303.04, 303.13, 305.29, 306.01, 306.02, 329.01, 329.06, 1,054
5153.05, 5153.39, and 5155.03 of the Revised Code is required to 1,055
be made by the board of county commissioners, shall be made by 1,056
the county executive, under either plan, with advice and consent 1,057
of the board of county commissioners. The county executive, 1,058
under either plan, also shall appoint with the advice and consent 1,059
of the board of county commissioners, all officers and members of 1,060
boards and commissions, other than officers of a court or 1,061
employees or other persons advisory to or subject to the 1,062
supervision of a court or judge thereof, which by general law in 1,063
sections 331.01, 339.02, 1545.02, 1545.03, 1545.04, and 1545.05 1,064
of the Revised Code are to be appointed by a judge or judges of 1,065
the probate or common pleas court of the county. 1,066
(D) The county executive, under the elective executive 1,068
plan, shall have the power to veto any ordinance or resolution 1,069
adopted by the board of county commissioners. A veto by the 1,070
county executive may apply to all or any items of an ordinance 1,071
appropriating money. Certification of a veto must be made by the 1,072
county executive within ten days of its adoption by the board of 1,073
county commissioners, and the board of county commissioners may 1,074
override the veto by a two-thirds vote of all its members. Under 1,075
the elective executive plan an ordinance or resolution shall 1,076
become effective upon approval by the county executive, 1,077
expiration of such ten days without approval or veto, or 1,078
overriding of a veto. 1,079
(E) The county executive shall promote the coordination of 1,081
all county functions and for this purpose shall make an annual 1,082
public report on the state of the county. 1,083
Sec. 307.01. (A) A courthouse, jail, public comfort 1,092
station, offices for county officers, and a county home shall be 1,093
provided by the board of county commissioners when, in its 1,094
judgment, any of them are needed. The buildings and offices 1,095
shall be of such style, dimensions, and expense as the board 1,096
determines. All new jails and renovations to existing jails 1,097
27
shall be designed, and all existing jails shall be operated in 1,098
such a manner as to comply substantially with the minimum 1,099
standards for jails in Ohio promulgated by the department of 1,100
rehabilitation and correction. The board shall also provide 1,101
equipment, stationery, and postage, as it considers reasonably 1,102
necessary for the proper and convenient conduct of county 1,103
offices, and such facilities as will result in expeditious and 1,104
economical administration of such offices, except that, for the 1,105
purpose of obtaining federal or state reimbursement, the board 1,106
may impose on the county PUBLIC children services board or county 1,108
department of human services exercising the children services 1,109
function AGENCY reasonable charges, not exceeding the amount for 1,110
which reimbursement will be made and consistent with 1,112
cost-allocation standards adopted by the department of human 1,113
services, for the provision of office space, supplies, 1,114
stationery, utilities, telephone use, postage, and general 1,115
support services.
The board of county commissioners shall provide all rooms, 1,117
fireproof and burglarproof vaults, safes, and other means of 1,118
security in the office of the county treasurer that are necessary 1,119
for the protection of public moneys and property in the office. 1,120
(B) The court of common pleas shall annually submit a 1,122
written request for an appropriation to the board of county 1,123
commissioners that shall set forth estimated administrative 1,124
expenses of the court that the court considers reasonably 1,125
necessary for its operation. The board shall conduct a public 1,126
hearing with respect to the written request submitted by the 1,127
court and shall appropriate the amount of money each year that it 1,128
determines, after conducting the public hearing and considering 1,129
the written request of the court, is reasonably necessary to meet 1,130
all administrative expenses of the court. 1,131
If the court considers the appropriation made by the board 1,133
pursuant to this division insufficient to meet all the 1,134
administrative expenses of the court, it shall commence an action 1,135
28
under Chapter 2731. of the Revised Code in the court of appeals 1,136
for the judicial district for a determination of the duty of the 1,137
board of county commissioners to appropriate the amount of money 1,138
in dispute. The court of appeals shall give priority to the 1,139
action filed by the court of common pleas over all cases pending 1,140
on its docket. The burden shall be on the court of common pleas 1,141
to prove that the appropriation requested is reasonably necessary 1,142
to meet all its administrative expenses. If, prior to the filing 1,143
of an action under Chapter 2731. of the Revised Code or during 1,144
the pendency of the action, any judge of the court exercises the 1,145
contempt power of the court of common pleas in order to obtain 1,146
the amount of money in dispute, the judge shall not order the 1,147
imprisonment of any member of the board of county commissioners 1,148
notwithstanding sections 2705.02 to 2705.06 of the Revised Code. 1,149
(C) Division (B) of this section does not apply to 1,151
appropriations for the probate court or the juvenile court that 1,152
are subject to section 2101.11 or 2151.10 of the Revised Code. 1,153
Sec. 307.12. (A) When the board of county commissioners 1,162
finds, by resolution, that the county has personal property, 1,163
including motor vehicles acquired for the use of county officers 1,164
and departments, and road machinery, equipment, tools, or 1,165
supplies, which is not needed for public use, or is obsolete or 1,166
unfit for the use for which it was acquired, the board may sell 1,167
DO EITHER OF THE FOLLOWING: 1,168
(1) SELL such property at public auction or by sealed bid 1,170
to the highest bidder, after giving at least ten days' notice of 1,172
the time, place, and manner of sale by posting a typewritten or 1,173
printed notice in the offices of the county auditor and board. 1,174
In case the fair market value of the property to be sold pursuant 1,175
to this division is, in the opinion of the board, in excess of 1,176
two thousand dollars, notice of the time, place, and manner of 1,177
the sale shall also be published in a newspaper of general 1,178
circulation in the county at least ten days prior to such sale. 1,179
The board of county commissioners may authorize the sale of such 1,180
29
personal property without advertisement or public notification 1,181
and competitive bidding to the federal government, state, or any 1,182
political subdivision of the state. 1,183
If a board conducts a sale of personal property by sealed 1,185
bid, the form of the bid shall be as prescribed by the board, and 1,186
each bid shall contain the name of the person submitting it. Bids 1,188
received shall be opened and tabulated at the time stated in the 1,189
notice. The property shall be sold to the highest bidder, except 1,190
that the board may reject all bids and hold another sale, by 1,191
public auction or sealed bid, in the manner prescribed by this
section. 1,192
(2) DONATE ANY MOTOR VEHICLE THAT DOES NOT EXCEED FOUR 1,194
THOUSAND FIVE HUNDRED DOLLARS IN VALUE TO A NONPROFIT 1,195
ORGANIZATION EXEMPT FROM FEDERAL INCOME TAXATION PURSUANT TO 26 1,196
U.S.C. 501(a) AND (c)(3) FOR THE PURPOSE OF MEETING THE 1,198
TRANSPORTATION NEEDS OF PARTICIPANTS IN THE OHIO WORKS FIRST
PROGRAM ESTABLISHED UNDER CHAPTER 5107. OF THE REVISED CODE. 1,199
(B) When a county officer or department head determines 1,201
that county-owned personal property under his THE jurisdiction OF 1,203
THE OFFICER OR DEPARTMENT HEAD, including motor vehicles, road
machinery, equipment, tools, or supplies, is not of immediate 1,204
need, the county officer or department head may lease such 1,205
personal property to any municipal corporation, township, or 1,206
other political subdivision of the state. Such lease shall 1,207
require the county to be reimbursed under terms, conditions, and
fees established by the board of county commissioners, or under 1,208
contracts approved by the board. 1,209
(C) Where the board finds, by resolution, that the county 1,211
has vehicles, equipment, or machinery which is not needed, or is 1,212
unfit for public use, and the board desires to sell such 1,213
vehicles, equipment, or machinery to the person or firm from 1,214
which it proposes to purchase other vehicles, equipment, or 1,215
machinery, the board may offer to sell the vehicles, equipment, 1,216
or machinery to such person or firm, and to have such selling 1,217
30
price credited to the person or firm against the purchase price 1,218
of other vehicles, equipment, or machinery. 1,219
(D) Where the board advertises for bids for the sale of 1,221
new vehicles, equipment, or machinery to the county, it may 1,222
include in the same advertisement a notice of the willingness of 1,223
such board to accept bids for the purchase of county-owned 1,224
vehicles, equipment, or machinery which is obsolete or not needed 1,225
for public use, and to have the amount of such bids subtracted 1,226
from the selling price of the other vehicles, equipment, or 1,227
machinery as a means of determining the lowest responsible 1,228
bidder. 1,229
Sec. 307.441. (A) The board of county commissioners of 1,238
each county may procure a policy or policies of insurance 1,239
insuring the county recorder and the clerk of the court of common 1,240
pleas and their deputies against liability on account of errors 1,241
or omissions unknowingly made by them and for which they may be 1,242
held liable. 1,243
The policy or policies of insurance shall be in an amount 1,245
of not less than fifty thousand dollars. 1,246
(B) The board of county commissioners of each county may 1,248
procure a policy or policies of insurance insuring the sheriff 1,249
and his deputies against liability arising from the performance 1,250
of their official duties. 1,251
(C) The board of county commissioners of each county may 1,253
procure a policy or policies of insurance insuring the 1,254
prosecuting attorney and assistant prosecuting attorneys against 1,255
liability arising from the performance of their official duties. 1,256
(D) The board of county commissioners of each county may 1,258
procure a policy or policies of insurance insuring the coroner, 1,259
county engineer, county auditor, each county commissioner, and 1,260
the county treasurer and their assistants against liability 1,261
arising from the performance of their official duties. 1,262
(E) The board of county commissioners of each county may 1,264
procure a policy or policies of insurance insuring any county 1,265
31
employee against liability arising from the performance of his 1,266
official duties. 1,267
(F) If the board of county commissioners of any county 1,269
procures a policy or policies of insurance insuring any county 1,270
official against liability arising from the performance of his 1,271
official duties as provided by divisions (A) to (D) of this 1,272
section, it shall not refuse to procure a policy or policies of 1,273
insurance insuring any other county official as authorized in 1,274
those divisions, if such policy or policies are reasonably 1,275
available. 1,276
(G) The board of county commissioners of any county may 1,278
procure a policy or policies of insurance insuring the county 1,279
director of human services, county department of human services 1,280
employees, members of county welfare advisory boards HUMAN 1,281
SERVICES PLANNING COMMITTEES, or foster parents associated with 1,283
the county department of human services, against liability 1,284
arising from the performance of their official duties. 1,285
(H) The board of county commissioners of each county may 1,287
procure a policy or policies of insurance insuring the county 1,288
public defender and the members of the county public defender 1,289
commission against liability arising from the performance of 1,290
their official duties. A joint board of county commissioners 1,291
formed pursuant to section 120.23 of the Revised Code may, in 1,292
accordance with the agreement of the participating boards of 1,293
county commissioners, procure a policy or policies of insurance 1,294
insuring the joint county public defender and the members of the 1,295
joint county public defender commission against liability arising 1,296
from the performance of their official duties. 1,297
(I) The board of county commissioners of each county may 1,299
procure a policy or policies of insurance insuring the judges of 1,300
the court of common pleas and any county court in the county, and 1,301
the employees of those courts, against liability arising from the 1,302
performance of their official duties. 1,303
Sec. 307.851. (A) Notwithstanding anything to the 1,312
32
contrary in the Revised Code, a board of county commissioners of 1,313
a county that has enacted a tax levy under section 5705.191 of 1,314
the Revised Code may, in addition to exercising the other powers 1,315
granted to a board of county commissioners, enter into a contract
with any corporation or association, whether the corporation or 1,317
association is for profit or nonprofit, for that corporation or 1,318
association to provide the services described in this section and 1,319
for the county to pay for those contracted services with the 1,320
proceeds of that tax levy, provided that proceeds from the tax 1,321
levy are used only for the purpose or purposes for which the tax 1,322
was levied. Services for which a contract may be entered into 1,323
under this section are either of the following:
(1) Children and youth services; alcohol, drug addiction, 1,325
and mental health services; services for the mentally retarded or 1,327
developmentally disabled; and public health services; 1,328
(2) Health and human services for low-income persons, 1,330
including counseling, family support, legal services, day-care, 1,332
teen services, literacy, prescription assistance, homemaker 1,333
assistance, adult day-care, respite care services, attendant 1,334
care, hearing and speech services, adult protective services, and 1,335
transportation services.
(B) Before entering into a contract as provided in 1,337
division (A) of this section, the board of county commissioners 1,338
shall first notify, in writing, the children services board; the 1,339
alcohol, drug addiction, and mental health services board; the 1,341
board of mental retardation and developmental disabilities; OR 1,342
the board of the health district or combined general health 1,343
district; or the human services department of that county, as 1,344
appropriate for the service to be provided under the contract, of 1,345
the board's intention to enter into a contract with a corporation 1,346
or association to provide a particular service. The notice shall 1,347
delineate the particular service to be provided, identify the 1,348
corporation or association with which the board proposes to 1,349
contract, and the amount proposed to be paid to the corporation 1,350
33
or association for performing those services. The notified board 1,351
or boards or department has thirty days in which to inform the
board of county commissioners of its intention to provide that 1,353
service itself or authorize the board of county commissioners to 1,354
contract with the proposed corporation or association to provide 1,355
the service. If the board of county commissioners receives no 1,356
response from a notified board or department within the 1,357
thirty-day period, the notified board or department shall be 1,358
deemed to have authorized the proposed contract. Once the 1,360
contract is authorized by each notified board or department, the
board of county commissioners may enter into a contract with the 1,362
corporation or association, as proposed. 1,363
(C) In addition to any other terms that the board finds 1,365
appropriate, any agreement entered into under division (A) of 1,366
this section shall provide all the following: 1,367
(1) That the corporation or association shall keep current 1,369
and accurate accounts of its use of the moneys it receives from 1,370
the county;
(2) That the corporation or association shall, at least 1,373
annually, have an audit performed in accordance with rules
adopted by the auditor of state under section 117.20 of the 1,374
Revised Code, of any services or programs it has performed with 1,375
county moneys. A copy of the fiscal audit report shall be 1,376
provided to the board of county commissioners, the county
auditor, and the auditor of state. 1,377
(3) That the corporation or association is liable to repay 1,379
to the county any county moneys it receives that are improperly 1,380
used;
(4) That the corporation or association shall repay to the 1,382
board all county moneys remaining unused at the end of the fiscal 1,383
year or other accounting period for which the board paid the 1,384
moneys, except that when the recipient is to receive county 1,385
moneys in the next succeeding fiscal year or other accounting 1,386
period following the fiscal year or other accounting period for 1,387
34
which the board paid the moneys, the recipient need not repay the
county moneys remaining unused.; 1,388
(5) That the corporation or association shall provide the 1,390
board of county commissioners annually a summary of the program 1,391
or service activities it has performed with county moneys. 1,393
Sec. 307.98. EACH BOARD OF COUNTY COMMISSIONERS SHALL 1,396
ENTER INTO A WRITTEN PARTNERSHIP AGREEMENT WITH THE DIRECTOR OF 1,397
HUMAN SERVICES IN ACCORDANCE WITH SECTION 5101.21 OF THE REVISED
CODE. PRIOR TO ENTERING INTO OR AMENDING THE AGREEMENT, THE 1,398
BOARD SHALL CONDUCT A PUBLIC HEARING AND CONSULT WITH THE COUNTY 1,400
HUMAN SERVICES PLANNING COMMITTEE ESTABLISHED UNDER SECTION 1,401
329.06 OF THE REVISED CODE. THROUGH THE HEARING AND
CONSULTATION, THE BOARD SHALL OBTAIN COMMENTS AND RECOMMENDATIONS 1,403
CONCERNING WHAT WOULD BE THE COUNTY'S OBLIGATIONS AND 1,404
RESPONSIBILITIES UNDER THE AGREEMENT OR AMENDMENT.
Sec. 307.981. (A) AS USED IN SECTIONS 307.981 TO 307.986 1,407
OF THE REVISED CODE: 1,408
(1) "COUNTY SOCIAL SERVICE AGENCY" MEANS ALL OF THE 1,410
FOLLOWING: 1,411
(a) A CHILD SUPPORT ENFORCEMENT AGENCY; 1,413
(b) A COUNTY DEPARTMENT OF HUMAN SERVICES; 1,415
(c) A PUBLIC CHILDREN SERVICES AGENCY. 1,417
(2) "PRIVATE ENTITY" MEANS ANY ENTITY OTHER THAN A 1,419
GOVERNMENT ENTITY. 1,420
(3) "SOCIAL SERVICE DUTY" MEANS A DUTY STATE LAW REQUIRES 1,422
OR ALLOWS A COUNTY SOCIAL SERVICE AGENCY TO ASSUME. 1,423
(B) TO THE EXTENT PERMITTED BY FEDERAL LAW AND EXCEPT AS 1,425
PROVIDED IN DIVISION (C) OF THIS SECTION, A BOARD OF COUNTY 1,427
COMMISSIONERS MAY DESIGNATE ANY PRIVATE OR GOVERNMENT ENTITY TO 1,428
SERVE AS A CHILD SUPPORT ENFORCEMENT AGENCY, COUNTY DEPARTMENT OF 1,429
HUMAN SERVICES, PUBLIC CHILDREN SERVICES AGENCY, TWO OF THOSE 1,430
COUNTY SOCIAL SERVICE AGENCIES, OR ALL THREE OF THOSE COUNTY 1,431
SOCIAL SERVICE AGENCIES. A BOARD MAY CHANGE ITS DESIGNATION BY 1,432
DESIGNATING ANOTHER PRIVATE OR GOVERNMENT ENTITY. NOT LESS THAN 1,433
35
SIXTY DAYS BEFORE A BOARD DESIGNATES AN ENTITY UNDER THIS 1,434
SECTION, THE BOARD SHALL NOTIFY THE STATE DEPARTMENT OF HUMAN 1,435
SERVICES AND PUBLISH NOTICE IN A NEWSPAPER OF GENERAL CIRCULATION 1,436
IN THE COUNTY OF THE BOARD'S INTENTION TO MAKE THE DESIGNATION 1,437
AND REASONS FOR THE DESIGNATION.
A BOARD OF COUNTY COMMISSIONERS SHALL ENTER INTO A WRITTEN 1,439
CONTRACT WITH EACH ENTITY IT DESIGNATES UNDER THIS SECTION 1,440
SPECIFYING THE ENTITY'S RESPONSIBILITIES AND STANDARDS THE ENTITY 1,442
IS REQUIRED TO MEET.
THIS SECTION DOES NOT REQUIRE A BOARD OF COUNTY 1,444
COMMISSIONERS TO ABOLISH THE CHILD SUPPORT ENFORCEMENT AGENCY, 1,445
COUNTY DEPARTMENT OF HUMAN SERVICES, OR PUBLIC CHILDREN SERVICES 1,446
AGENCY SERVING THE COUNTY ON THE EFFECTIVE DATE OF THIS SECTION 1,447
AND DESIGNATE A DIFFERENT PRIVATE OR GOVERNMENT ENTITY TO SERVE 1,448
AS THE COUNTY'S CHILD SUPPORT ENFORCEMENT AGENCY, COUNTY 1,449
DEPARTMENT OF HUMAN SERVICES, OR PUBLIC CHILDREN SERVICES AGENCY. 1,451
(C) IF A COUNTY CHILDREN SERVICES BOARD APPOINTED UNDER 1,454
SECTION 5153.03 OF THE REVISED CODE SERVES AS A PUBLIC CHILDREN 1,457
SERVICES AGENCY FOR A COUNTY, THE BOARD OF COUNTY COMMISSIONERS 1,458
MAY NOT REDESIGNATE THE PUBLIC CHILDREN SERVICES AGENCY UNLESS 1,459
THE BOARD OF COUNTY COMMISSIONERS DOES ALL OF THE FOLLOWING: 1,460
(1) NOTIFIES THE COUNTY CHILDREN SERVICES BOARD OF ITS 1,462
INTENT TO REDESIGNATE THE PUBLIC CHILDREN SERVICES AGENCY. IN 1,463
ITS NOTIFICATION, THE BOARD OF COUNTY COMMISSIONERS SHALL PROVIDE 1,464
THE COUNTY CHILDREN SERVICES BOARD A WRITTEN EXPLANATION OF THE 1,465
ADMINISTRATIVE, FISCAL, OR PERFORMANCE CONSIDERATIONS CAUSING THE 1,466
BOARD OF COUNTY COMMISSIONERS TO SEEK TO REDESIGNATE THE PUBLIC 1,467
CHILDREN SERVICES AGENCY.
(2) PROVIDES THE COUNTY CHILDREN SERVICES BOARD AN 1,469
OPPORTUNITY TO COMMENT ON THE PROPOSED REDESIGNATION BEFORE THE 1,470
REDESIGNATION OCCURS; 1,471
(3) IF THE COUNTY CHILDREN SERVICES BOARD, NOT MORE THAN 1,473
SIXTY DAYS AFTER RECEIVING THE NOTICE UNDER DIVISION (C)(1) OF 1,475
THIS SECTION, NOTIFIES THE BOARD OF COUNTY COMMISSIONERS THAT THE 1,476
36
COUNTY CHILDREN SERVICES BOARD HAS VOTED TO OPPOSE THE 1,477
REDESIGNATION, VOTES UNANIMOUSLY TO PROCEED WITH THE 1,478
REDESIGNATION.
Sec. 307.982. (A) TO THE EXTENT PERMITTED BY FEDERAL LAW 1,480
AND EXCEPT AS PROVIDED IN DIVISION (B) OF THIS SECTION, A BOARD 1,482
OF COUNTY COMMISSIONERS MAY ENTER INTO A WRITTEN CONTRACT WITH A 1,483
PRIVATE OR GOVERNMENT ENTITY FOR THE ENTITY TO PERFORM A SOCIAL 1,484
SERVICE DUTY ON BEHALF OF A COUNTY SOCIAL SERVICE AGENCY. 1,485
(B) A BOARD OF COUNTY COMMISSIONERS MAY NOT ENTER INTO A 1,488
CONTRACT UNDER DIVISION (A) OF THIS SECTION REGARDING A SOCIAL 1,490
SERVICE DUTY OF A PUBLIC CHILDREN SERVICES AGENCY IF A COUNTY 1,491
CHILDREN SERVICES BOARD APPOINTED UNDER SECTION 5153.03 OF THE 1,492
REVISED CODE SERVES AS THE PUBLIC CHILDREN SERVICES AGENCY FOR 1,494
THE COUNTY. THE COUNTY CHILDREN SERVICES BOARD MAY ENTER INTO 1,495
CONTRACTS REGARDING ITS DUTIES IN ACCORDANCE WITH DIVISION (C)(2) 1,496
OF SECTION 5153.16 OF THE REVISED CODE. 1,499
Sec. 307.983. EACH BOARD OF COUNTY COMMISSIONERS SHALL 1,502
ENTER INTO A WRITTEN PLAN OF COOPERATION WITH THE COUNTY SOCIAL 1,503
SERVICE AGENCIES SERVING THE COUNTY TO ENHANCE THE ADMINISTRATION 1,504
OF THE OHIO WORKS FIRST PROGRAM ESTABLISHED UNDER CHAPTER 5107. 1,506
OF THE REVISED CODE AND OTHER SOCIAL SERVICE DUTIES THE BOARD AND 1,507
AGENCIES AGREE TO INCLUDE IN THE PLAN. OTHER GOVERNMENT 1,508
ENTITITES MAY BE INCLUDED IN A PLAN OF COOPERATION. THE PLAN 1,509
SHALL SPECIFY HOW THE COUNTY SOCIAL SERVICE AGENCIES AND OTHER 1,510
GOVERNMENT ENTITIES INCLUDED IN THE PLAN ARE TO EXCHANGE 1,511
INFORMATION AND COORDINATE AND ENHANCE SERVICES AND ASSISTANCE TO 1,512
INDIVIDUALS AND FAMILIES. THE PLAN OF COOPERATION SHALL INCLUDE 1,513
COOPERATION WITH THE BOARD OF EDUCATION OF A SCHOOL DISTRICT WITH 1,514
TERRITORY IN THE COUNTY TO PROVIDE ASSISTANCE TO CHILDREN IN THE 1,515
DISTRICT WHOSE FAMILIES RELOCATE FREQUENTLY, CAUSING THE CHILDREN 1,516
TO TRANSFER TO DIFFERENT SCHOOLS THROUGHOUT THE YEAR. THE BOARD 1,518
SHALL INCORPORATE THE TRANSPORTATION PLAN DEVELOPED UNDER SECTION 1,519
307.984 OF THE REVISED CODE INTO THE PLAN OF COOPERATION. 1,521
Sec. 307.984. EACH BOARD OF COUNTY COMMISSIONERS SHALL 1,524
37
DEVELOP A WRITTEN TRANSPORTATION WORK PLAN THAT ESTABLISHES 1,525
POLICIES REGARDING THE TRANSPORTATION NEEDS OF LOW INCOME 1,526
RESIDENTS OF THE COUNTY SEEKING OR STRIVING TO RETAIN EMPLOYMENT. 1,527
THE BOARD SHALL INCORPORATE THE TRANSPORTATION WORK PLAN INTO THE 1,528
PLAN OF COOPERATION ENTERED INTO UNDER SECTION 307.983 OF THE 1,529
REVISED CODE. IN DEVELOPING THE TRANSPORTATION WORK PLAN, THE 1,531
BOARD SHALL CONSULT WITH ALL OF THE FOLLOWING:
(A) THE COUNTY DEPARTMENT OF HUMAN SERVICES; 1,534
(B) IF A REGIONAL TRANSIT AUTHORITY CREATED UNDER SECTION 1,537
306.32 OF THE REVISED CODE SERVES THE COUNTY, THE REGIONAL 1,538
TRANSIT AUTHORITY; 1,539
(C) IF A COMMUNITY ACTION AGENCY, AS DEFINED IN SECTION 1,542
122.66 OF THE REVISED CODE, SERVES THE COUNTY, THE COMMUNITY 1,543
ACTION AGENCY; 1,544
(D) AS DESIGNATED BY THE BOARD OF COUNTY COMMISSIONERS, 1,547
REPRESENTATIVES OF PRIVATE NON-PROFIT AND GOVERNMENT ENTITIES 1,548
THAT WORK WITH ISSUES RELATED TO ECONOMIC DEVELOPMENT,
EMPLOYMENT, AND PERSONS WITH PHYSICAL DISABILITIES; 1,549
(E) OTHER INDIVIDUALS DESIGNATED BY THE BOARD OF COUNTY 1,552
COMMISSIONERS.
Sec. 307.985. TO THE EXTENT FEDERAL STATUTES AND 1,555
REGULATIONS AND STATE LAW PERMIT, A PARTNERSHIP AGREEMENT ENTERED 1,557
INTO UNDER SECTION 307.98, A CONTRACT ENTERED INTO UNDER SECTION 1,558
307.981 OR 307.982, A PLAN OF COOPERATION ENTERED INTO UNDER 1,559
SECTION 307.983, AND A TRANSPORTATION WORK PLAN DEVELOPED UNDER 1,560
SECTION 307.984 OF THE REVISED CODE SHALL PERMIT THE EXCHANGE OF 1,561
INFORMATION NEEDED TO IMPROVE SERVICES AND ASSISTANCE TO
INDIVIDUALS AND FAMILIES AND THE PROTECTION OF CHILDREN. A 1,562
PRIVATE OR GOVERNMENT ENTITY THAT RECEIVES INFORMATION PURSUANT 1,563
TO AN AGREEMENT, CONTRACT, OR PLAN IS BOUND BY THE SAME STANDARDS 1,564
OF CONFIDENTIALITY AS THE ENTITY THAT PROVIDES THE INFORMATION. 1,565
AN AGREEMENT, CONTRACT, OR PLAN SHALL: 1,568
(A) BE COORDINATED AND NOT CONFLICT WITH ANOTHER 1,570
AGREEMENT, CONTRACT, OR PLAN OR AN AGREEMENT ENTERED INTO UNDER 1,571
38
SECTION 329.05 OF THE REVISED CODE; 1,572
(B) PROHIBIT DISCRIMINATION IN HIRING AND PROMOTION 1,574
AGAINST APPLICANTS FOR AND PARTICIPANTS OF THE OHIO WORKS FIRST 1,576
PROGRAM ESTABLISHED UNDER CHAPTER 5107. OF THE REVISED CODE; 1,578
(C) COMPLY WITH FEDERAL STATUTES AND REGULATIONS AND STATE 1,581
LAW;
(D) BE ADOPTED BY RESOLUTION OF A BOARD OF COUNTY 1,583
COMMISSIONERS; 1,584
(E) SPECIFY HOW THE AGREEMENT, CONTRACT, OR PLAN MAY BE 1,586
AMENDED. 1,587
Sec. 307.986. IF A BOARD OF COUNTY COMMISSIONERS CONTRACTS 1,589
WITH A RELIGIOUS ORGANIZATION UNDER SECTION 307.981 OR 307.982 OF 1,590
THE REVISED CODE, THE RELIGIOUS ORGANIZATION SHALL COMPLY WITH 1,591
SECTION 104 OF THE PERSONAL RESPONSIBILITY AND WORK OPPORTUNITY 1,592
AND RECONCILIATION ACT OF 1996 (P.L. 104-193). 1,593
Sec. 319.16. The county auditor shall issue warrants on 1,602
the county treasurer for all moneys payable from the county 1,603
treasury, upon presentation of the proper order or voucher and 1,604
evidentiary matter for the moneys, and keep a record of all such 1,605
warrants showing the number, date of issue, amount for which 1,606
drawn, in whose favor, for what purpose, and on what fund. The 1,607
auditor shall not issue a warrant for the payment of any claim 1,608
against the county, unless it is allowed by the board of county 1,609
commissioners, except where the amount due is fixed by law or is 1,610
allowed by an officer or tribunal, including a county board of 1,611
mental health or county board of mental retardation and 1,612
developmental disabilities, so authorized by law. If the auditor 1,613
questions the validity of an expenditure that is within available 1,614
appropriations and for which a proper order or voucher and 1,615
evidentiary matter is presented, the auditor shall notify the 1,616
board, officer, or tribunal who presented the voucher. If the 1,617
board, officer, or tribunal determines that the expenditure is 1,618
valid and the auditor continues to refuse to issue the 1,619
appropriate warrant on the county treasury, a writ of mandamus 1,620
39
may be sought. The court shall issue a writ of mandamus for 1,621
issuance of the warrant if the court determines that the claim is 1,622
valid. 1,623
Evidentiary matter includes original invoices, receipts, 1,625
bills and checks, and legible copies of contracts. 1,626
If a financial institution and account have been designated 1,628
under section 329.03 of the Revised Code, financial assistance 1,629
payments made by the county auditor to a recipient of disability 1,631
assistance pursuant to Chapter 5115. of the Revised Code shall be 1,632
made by direct deposit to the account of the recipient in the 1,633
financial institution. If payments to recipients of aid to 1,634
dependent children under Chapter 5107. of the Revised Code are 1,636
being made by the county auditor under section 5107.01 of the 1,637
Revised Code and a financial institution and account have been 1,638
designated under section 329.03 of the Revised Code, payments for 1,639
aid to dependent children shall be made by direct deposit to the 1,641
account of the recipient in the financial institution. The 1,642
county auditor shall contract with an authorized financial 1,643
institution for the services necessary to make such direct 1,644
deposits and draw lump sum warrants payable to that institution 1,645
in the amount of the payments to be transferred.
Sec. 329.01. In each county there shall be a county 1,654
department of human services which, when so established, shall be 1,655
governed by sections 329.01 to 329.10 of the Revised Code THIS 1,656
CHAPTER. The department shall consist of a county director of 1,658
human services appointed by the board OF COUNTY COMMISSIONERS, 1,659
and such assistants and other employees as are necessary for the 1,661
efficient performance of the human services of the county. 1,662
Before entering upon the discharge of his THE DIRECTOR'S OFFICIAL 1,663
duties, the director shall give a bond, conditioned for the 1,664
faithful performance of his THOSE OFFICIAL duties, in such sum as 1,666
fixed by the board. The director may require any assistant or 1,667
employee under his THE DIRECTOR'S jurisdiction to give a bond in 1,668
such sum as determined by the board. All bonds given under this 1,670
40
section shall be with a surety or bonding company authorized to 1,671
do business in this state, conditioned for the faithful 1,672
performance of the duties of such director, assistant, or 1,673
employee. The expense or premium for any bond required by this 1,674
section shall be paid from the appropriation for administrative 1,675
expenses of the department. Such bond shall be deposited with the 1,676
county treasurer and kept in his THE TREASURER'S office. 1,677
As used in the Revised Code, the "county department of 1,679
welfare" means the county department of human services, and the 1,680
"county director of welfare" means the county director of human 1,681
services. Whenever the county department or county director of 1,682
welfare is referred to or designated in any statute, rule, 1,683
contract, or other document, the reference or designation shall 1,684
be deemed to refer to the county department or county director of 1,685
human services, as the case may be. 1,686
Sec. 329.02. Under the control and direction of the board 1,695
of county commissioners, the county director of human services 1,696
shall have full charge of the county department of human 1,697
services. The director shall prepare the annual budget estimate 1,699
of the department and submit it to the board of county 1,700
commissioners. Before submitting the budget estimate to the board 1,701
of county commissioners, the director shall consider the 1,702
recommendations of the welfare advisory board relative to such 1,703
estimate. The director, with the approval of the board of county 1,704
commissioners, shall appoint all necessary assistants and 1,705
superintendents of institutions under the jurisdiction of the 1,706
department, and all other employees of the department, excepting 1,707
that the superintendent of each such institution shall appoint 1,708
all employees therein and only the board of county commissioners 1,709
may appoint administrators under section 329.021 of the Revised 1,710
Code. Except for administrators appointed under section 329.021 1,711
of the Revised Code, the assistants and other employees of the 1,712
department shall be in the classified civil service, and may not 1,713
be placed in or removed to the unclassified service. If no 1,714
41
eligible list is available, provisional appointment shall be made 1,715
until such eligible list is available. 1,716
Each director appointed on or after the effective date of 1,718
this amendment shall be in the unclassified civil service and 1,719
serve at the pleasure of the board of county commissioners. If a 1,720
person holding a classified position in the department is 1,721
appointed as director on or after the effective date of this 1,722
amendment and is later removed by the board, except for a reason 1,723
listed in section 124.34 of the Revised Code, the person so 1,724
removed has the right to resume the position the person held in 1,726
the classified service immediately prior to being appointed as 1,727
director, or if that position no longer exists or has become an 1,728
unclassified position, the person shall be appointed to a
position in the classified service that the board, with the 1,729
approval of the director of administrative services, determines 1,730
is equivalent to the position the person held immediately prior 1,731
to being appointed as director. 1,732
The board of county commissioners, except as provided in 1,734
sections 329.01 to 329.10 of the Revised Code THIS CHAPTER, may 1,735
provide by resolution for the coordination of the operations of 1,737
the department and those of any county institution whose board or 1,738
managing officer is appointed by the board of county 1,739
commissioners. 1,740
The board of county commissioners may enter into a written 1,742
contract with a county director of human services specifying 1,743
terms and conditions of the director's employment. The period of 1,744
the contract shall not exceed three years. In addition to any 1,745
review specified in such a contract, the contract shall be 1,746
subject to review and renegotiation for a period of thirty days,
from the sixtieth to the ninetieth days after the beginning of 1,747
the term of any newly elected commissioner. Such a contract 1,748
shall in no way abridge the right of the board to terminate the 1,749
employment of the director as an unclassified employee at will, 1,750
but may specify terms and conditions of any such termination. 1,751
42
Sec. 5107.15 329.022. Within the appropriation for 1,761
personal services, each county administration DEPARTMENT OF HUMAN 1,763
SERVICES may employ the necessary employees who, except for the 1,764
county director of human services as provided in section 329.02 1,765
of the Revised Code, shall be in the classified service. 1,766
Compensation for positions in each service, group, or grade 1,767
established by the director of administrative services shall not 1,769
be less than the minimum nor more than the maximum rates
established by the director for such positions. The department 1,770
of human services shall cooperate with the director in 1,771
establishing the qualifications of persons to be employed, and 1,773
the classification and rates of compensation of such positions 1,774
under sections 5107.01 to 5107.15 of the Revised Code COUNTY 1,775
DEPARTMENT EMPLOYEES. 1,776
Sec. 329.03. (A) As used in this section: 1,785
(1) "Applicant" or "recipient" means an applicant for or 1,787
recipient of aid to dependent children PARTICIPANT IN THE WORK 1,788
COMPONENT OF THE OHIO WORKS FIRST PROGRAM ESTABLISHED under 1,789
Chapter 5107. of the Revised Code or AN APPLICANT FOR OR 1,791
RECIPIENT OF disability assistance under Chapter 5115. of the 1,792
Revised Code. 1,793
(2) "Voluntary direct deposit" means a system established 1,795
pursuant to this section under which CASH assistance payments to 1,796
recipients who agree to direct deposit are made by direct deposit 1,797
by electronic transfer to an account in a financial institution 1,798
designated under this section. 1,799
(3) "Mandatory direct deposit" means a system established 1,801
pursuant to this section under which CASH assistance payments to 1,802
all recipients of aid to dependent children THE WORK COMPONENT OF 1,804
THE OHIO WORKS FIRST PROGRAM or disability assistance, other than 1,806
those exempt under division (E) of this section, are made by
direct deposit by electronic transfer to an account in a 1,807
financial institution designated under this section. 1,808
(B) Any A board of county commissioners may by adoption of 1,810
43
a resolution require the county department of human services to 1,811
establish a direct deposit system for distributing CASH 1,812
assistance payments under aid to dependent children THE WORK 1,813
COMPONENT OF OHIO WORKS FIRST, disability assistance, or both 1,815
programs, UNLESS THE DIRECTOR OF HUMAN SERVICES HAS PROVIDED FOR 1,817
THOSE PAYMENTS TO BE MADE BY ELECTRONIC BENEFIT TRANSFER PURSUANT
TO SECTION 5101.33 OF THE REVISED CODE. Voluntary OR MANDATORY 1,819
direct deposit may be applied to either of the programs; 1,821
mandatory direct deposit may be applied to the disability
assistance program and, unless prohibited by federal law, to the 1,824
aid to dependent children program. The resolution shall specify 1,827
for each program for which direct deposit is to be established 1,828
whether direct deposit is voluntary or mandatory. The board may 1,829
require the department to change or terminate direct deposit by 1,830
adopting a resolution to change or terminate it. Within ninety 1,831
days after adopting a resolution under this division, the board 1,832
shall certify one copy of the resolution to the state director of 1,833
human services and one copy to the office of budget and 1,834
management. The state department of human services may adopt 1,835
rules governing establishment of direct deposit by county 1,836
departments of human services.
The county department of human services shall determine 1,838
what type of account will be used for direct deposit and 1,839
negotiate with financial institutions to determine the charges, 1,840
if any, to be imposed by a financial institution for establishing 1,841
and maintaining such accounts. Under voluntary direct deposit, 1,842
the county department of human services may pay all charges 1,843
imposed by a financial institution for establishing and 1,844
maintaining an account in which direct deposits are made for a 1,845
recipient. Under mandatory direct deposit, the county department 1,846
of human services shall pay all charges imposed by a financial 1,847
institution for establishing and maintaining such an account. No 1,848
financial institution shall impose any charge for such an account 1,849
that the institution does not impose on its other customers for 1,850
44
the same type of account. Direct deposit does not affect the 1,851
exemption of aid to dependent children THE WORK COMPONENT and 1,853
disability assistance from attachment, garnishment, or other like 1,854
process afforded by sections 5107.12 5107.75 and 5115.07 of the 1,856
Revised Code. 1,857
(C) The county department of human services shall, within 1,859
sixty days after a resolution requiring the establishment of 1,860
direct deposit is adopted, establish procedures governing direct 1,861
deposit. 1,862
Within one hundred eighty days after the resolution is 1,864
adopted, the county department shall: 1,865
(1) Inform each applicant or recipient of the procedures 1,867
governing direct deposit, including in the case of voluntary 1,868
direct deposit those that prescribe the conditions under which a 1,869
recipient may change from one method of payment to another; 1,870
(2) Obtain from each applicant or recipient an 1,872
authorization form to designate a financial institution equipped 1,875
for and authorized by law to accept direct deposits by electronic 1,876
transfer and the account into which the applicant or recipient 1,877
wishes the payments to be made, or in the case of voluntary 1,878
direct deposit states the applicant's or recipient's election to 1,879
receive such payments in the form of a paper warrant. 1,881
The department may require a recipient to complete a new 1,883
authorization form whenever the department considers it 1,884
necessary. 1,885
A recipient's designation of a financial institution and 1,887
account shall remain in effect until withdrawn in writing or 1,888
dishonored by the financial institution, except that no change 1,889
may be made in the authorization form until the next eligibility 1,890
redetermination of the recipient unless the department feels that 1,891
good grounds exist for an earlier change. 1,892
(D) An applicant or recipient without an account who 1,894
either agrees or is required to receive payments by direct 1,895
deposit shall have ten days after receiving the authorization 1,896
45
form to designate an account suitable for direct deposit. If 1,897
within the required time the applicant or recipient does not make 1,898
the designation or requests that the department make the 1,900
designation, the department shall designate a financial 1,902
institution and help the recipient to open an account. 1,903
(E) At the time of giving an applicant or recipient the 1,905
authorization form, the county department of human services of a 1,907
county with mandatory direct deposit shall inform each applicant 1,908
or recipient of the basis for exemption and the right to request 1,909
exemption from direct deposit. 1,910
Under mandatory direct deposit, an applicant or recipient 1,912
who wishes to receive payments in the form of a paper warrant 1,913
shall record on the authorization form a request for exemption 1,914
under this division and the basis for the exemption. 1,915
The department shall exempt from mandatory direct deposit 1,917
any recipient who requests exemption and is any of the following: 1,918
(1) Over age sixty-five; 1,920
(2) Blind or disabled; 1,922
(3) Likely, in the judgment of the department, to be 1,924
caused personal hardship by direct deposit. 1,925
A recipient granted an exemption under this division shall 1,927
receive payments for which the recipient is eligible in the form 1,928
of paper warrants. 1,929
(F) The county department of human services shall bear the 1,931
full cost of the amount of any replacement warrant issued to a 1,932
recipient for whom an authorization form as provided in this 1,933
section has not been obtained within one hundred eighty days 1,934
after the later of the date the board of county commissioners 1,935
adopts a resolution requiring payments of financial assistance by 1,936
direct deposit to accounts of recipients of aid to dependent 1,937
children THE WORK COMPONENT or disability assistance or the date 1,939
the recipient made application for assistance, and shall not be 1,940
reimbursed by the state for any part of the cost. Thereafter, 1,941
the county department of human services shall continue to bear 1,942
46
the full cost of each replacement warrant issued until the board 1,943
of county commissioners requires the county department of human 1,944
services to obtain from each such recipient the authorization 1,945
forms as provided in this section.
Sec. 329.04. (A) The county department of human services 1,954
shall have, exercise, and perform, under the control and 1,955
direction of the board of county commissioners, the following 1,956
powers and duties: 1,957
(A) To be the "county administration" for all purposes of 1,960
Chapter 5107. of the Revised Code;
(B)(1) To perform PERFORM any duties assigned by the 1,963
department of human services regarding the provision of public
social services, including the provision of THE FOLLOWING 1,964
services authorized under Title IV-A and Title XX of the "Social 1,966
Security Act," 49 Stat. 620 (1935), 42 U.S.C. 301, as amended, to 1,967
prevent or reduce economic or personal dependency and to 1,968
strengthen family life, or, if:
(a) SERVICES AUTHORIZED BY TITLE IV-A OF THE "SOCIAL 1,974
SECURITY ACT," 49 STAT. 620 (1935), 42 U.S.C.A. 301, AS AMENDED, 1,978
AND KNOWN IN THIS STATE AS THE OHIO WORKS FIRST PROGRAM 1,979
ESTABLISHED BY CHAPTER 5107. OF THE REVISED CODE; 1,982
(b) SOCIAL SERVICES AUTHORIZED BY TITLE XX OF THE "SOCIAL 1,987
SECURITY ACT" AND PROVIDED FOR BY SECTION 5101.46 OF THE REVISED 1,991
CODE; 1,992
(c) IF the county department is designated as the child 1,995
support enforcement agency under section 2301.35 of the Revised 1,996
Code, to perform or contract with other government agencies to 1,997
perform, services authorized under BY Title IV-D of the "Social 1,998
Security Act," 88 Stat. 2351 (1975), 42 U.S.C. 651, as amended 2,000
AND PROVIDED FOR BY SECTIONS 2301.34 TO 2301.44 OF THE REVISED 2,003
CODE. THE COUNTY DEPARTMENT MAY PERFORM THE SERVICES ITSELF OR 2,004
CONTRACT WITH OTHER GOVERNMENT ENTITIES, AND, PURSUANT TO 2,005
DIVISION (C) OF SECTION 2301.35 AND SECTION 2301.42 OF THE 2,007
REVISED CODE, PRIVATE ENTITIES, TO PERFORM THE TITLE IV-D 2,010
47
SERVICES. 2,011
(2) The county department of human services shall, in the 2,013
development of the county plan for the administration of public 2,014
social services under Title XX of the "Social Security Act," 88 2,015
Stat. 2337, 42 U.S.C. 1397, as amended, do both of the following: 2,016
(a) Consider the comments and recommendations made during 2,018
local public hearings held under section 329.07 of the Revised 2,019
Code; 2,020
(b) Prepare a local needs report analyzing local need for 2,022
Title XX services in compliance with the guidelines developed by 2,023
the department of human services pursuant to section 5101.461 of 2,024
the Revised Code. The county department of human services shall 2,025
consider the local needs report in the development of the county 2,026
Title XX plan. 2,027
The plan shall list the services for which descriptions are 2,029
established under division (D)(4) of section 5101.46 of the 2,030
Revised Code that will be provided by the county with Title XX 2,031
funds and the eligibility categories listed under divisions 2,032
(E)(1), (2), and (3) of section 5101.46 of the Revised Code that 2,033
will be provided with each of these services. 2,034
(3) The county department, upon approval of the 2,036
comprehensive social services program plan by the general 2,037
assembly under section 5101.461 of the Revised Code and prior to 2,038
the effective date of the plan, shall take steps necessary to 2,039
ensure the efficient administration of public social services 2,040
under the plan, including the negotiation of contracts with 2,041
providers of services and the performance of other duties 2,042
assigned to it by the department of human services. 2,043
(C) To administer ADMINISTER disability assistance under 2,045
Chapter 5115. of the Revised Code as required by the state 2,046
department of human services; 2,047
(D) To administer (3) ADMINISTER burials insofar as the 2,050
administration of burials was, prior to September 12, 1947,
imposed upon the board; 2,051
48
(E) To cooperate (4) COOPERATE with state and federal 2,053
authorities in any matter relating to human services and to act 2,054
as the agent of such authorities; 2,055
(F) To submit (5) SUBMIT an annual account of its work 2,058
and expenses to the board OF COUNTY COMMISSIONERS and to the
department of human services at the close of each fiscal year; 2,059
(G) To exercise (6) EXERCISE any powers and duties 2,061
relating to human services imposed upon the county department of 2,062
human services by law, by resolution of the board of county 2,063
commissioners, or by order of the governor, when authorized by 2,064
law, to meet emergencies during war or peace. The board may 2,065
designate the county department of human services to exercise and 2,066
perform any additional human services powers and duties which the 2,067
board has.
(H) To determine; 2,069
(7) DETERMINE the eligibility for medical assistance of 2,072
recipients of aid under Title XVI of the "Social Security Act," 2,073
49 Stat. 620 (1935), 42 U.S.C. 301, as amended; 2,075
(I) If the county department is designated as the child 2,077
support enforcement agency under section 2301.35 of the Revised 2,078
Code, to operate the agency in accordance with sections 2301.34 2,079
to 2301.44 of the Revised Code; 2,080
(8) ENTER INTO A PLAN OF COOPERATION WITH THE BOARD OF 2,082
COUNTY COMMISSIONERS UNDER SECTION 307.983, CONSULT WITH THE 2,086
BOARD IN THE DEVELOPMENT OF THE TRANSPORTATION WORK PLAN
DEVELOPED UNDER SECTION 307.984, AND COMPLY WITH THE PARTNERSHIP 2,088
AGREEMENT THE BOARD ENTERS INTO UNDER SECTION 307.98 AND 2,089
CONTRACTS THE BOARD ENTERS INTO UNDER SECTIONS 307.981 AND 2,090
307.982 OF THE REVISED CODE THAT AFFECT THE COUNTY DEPARTMENT.
(B) THE POWERS AND DUTIES OF A COUNTY DEPARTMENT OF HUMAN 2,093
SERVICES ARE, AND SHALL BE EXERCISED AND PERFORMED, UNDER THE 2,094
CONTROL AND DIRECTION OF THE BOARD OF COUNTY COMMISSIONERS. THE 2,095
BOARD MAY ASSIGN TO THE COUNTY DEPARTMENT ANY POWER OR DUTY OF 2,096
THE BOARD REGARDING HUMAN SERVICES.
49
Sec. 329.043. (A) Every child support enforcement agency 2,105
designated under section 2301.35 of the Revised Code shall 2,106
maintain a separate account for the deposit of support payments 2,107
it receives as trustee for remittance to the persons entitled to 2,108
receive the support payments and shall disburse those payments to 2,109
the persons entitled to receive them under the support order. 2,110
(B) A child support enforcement agency that receives 2,112
support payments shall disburse each support payment received by 2,113
it to the appropriate persons within two business days after the 2,114
agency receives the support payment. The state department of 2,115
human services may adopt, revise, or amend rules under Chapter 2,116
119. of the Revised Code to assist in the implementation of this 2,117
division. 2,118
(C) Each child support enforcement agency shall retain and 2,120
use solely for support enforcement activities, all interest 2,121
earned on moneys in any account maintained pursuant to division 2,122
(A) of this section. 2,123
Sec. 329.05. The county department of human services may 2,133
administer or assist in administering any state or local public 2,134
welfare HUMAN SERVICES activity other than IN ADDITION TO those 2,136
mentioned in section 329.04 of the Revised Code, supported wholly 2,137
or in part by public funds from any source provided by agreement 2,138
between the board of county commissioners and the officer, 2,139
department, board, or agency in which the administration of such 2,140
activity is vested. Such officer, department, board, or agency 2,141
may enter into such agreement and confer upon the county 2,142
department of human services, to the extent and in particulars 2,143
specified in the agreement, the performance of any duties and the 2,144
exercise of any powers imposed upon or vested in such officer, 2,145
board, department, or agency, with respect to the administration 2,146
of such activity. Such agreement shall be in the form of a 2,147
resolution of the board of county commissioners, accepted in 2,148
writing by the other party to the agreement, and filed in the 2,149
office of the county auditor, and when so filed, shall have the 2,150
50
effect of transferring the exercise of the powers and duties to 2,151
which the agreement relates and shall exempt the other party from 2,152
all further responsibility for the exercise of the powers and 2,153
duties so transferred, during the life of the agreement. Such 2,154
SUCH agreement SHALL BE COORDINATED AND NOT CONFLICT WITH A 2,156
PARTNERSHIP AGREEMENT ENTERED INTO UNDER SECTION 307.98, A 2,157
CONTRACT ENTERED INTO UNDER SECTION 307.981 OR 307.982, PLAN OF 2,158
COOPERATION ENTERED INTO UNDER SECTION 307.983, OR A 2,159
TRANSPORTATION WORK PLAN DEVELOPED UNDER SECTION 307.984 OF THE 2,160
REVISED CODE. IT may be revoked at the option of either party, 2,162
by a resolution or order of the revoking party filed in the 2,163
office of the auditor. Such revocation shall become effective at 2,164
the end of the fiscal year occurring at least six months 2,165
following the filing of the resolution or order. In the absence 2,166
of such an express revocation so filed, the agreement shall 2,167
continue indefinitely. This
THIS section does not permit a county department of human 2,168
services to manage or control county or district tuberculosis or 2,169
other hospitals, humane societies, detention homes, jails or 2,170
probation departments of courts, or veterans service commissions. 2,171
Sec. 329.051. The county department of human services 2,180
shall make available to persons who are applying for or receiving 2,181
assistance from the general assistance program, the disability 2,182
assistance program, the program for aid for dependent children, 2,184
and OR the medical assistance program OR APPLYING FOR OR 2,185
PARTICIPATING IN THE OHIO WORKS FIRST PROGRAM, voter registration 2,186
applications as prescribed by the secretary of state under 2,187
section 3503.10 of the Revised Code. 2,188
Sec. 329.06. The (A) EXCEPT AS PROVIDED IN DIVISION (C) 2,198
OF THIS SECTION, THE board of county commissioners shall appoint 2,199
ESTABLISH a county welfare advisory board. The board shall have 2,200
not less than nine nor more than seventeen members, the majority 2,201
of whom shall be consumers of services offered by the county 2,202
department of human services or by nonprofit private or public 2,203
51
agencies under contract with the department, or representatives 2,204
of such consumers. One member shall be the juvenile judge, or 2,205
his designee. At least one member shall be a representative, 2,206
other than an employee, of a nonpublic agency providing health or 2,207
social services in the county, two shall be members of the county 2,208
children services board in counties where there is such a board, 2,209
and at least one shall be a social worker. At least one member 2,210
shall be over sixty years of age. The members from the county 2,211
children services board shall be appointed by the county children 2,212
services board and the other members, excluding the juvenile 2,213
judge or his designee, shall be appointed by the board of county 2,214
commissioners. The terms of office of all members except the 2,215
juvenile judge or his designee shall be for three years. The 2,216
executive directors of the board of alcohol, drug addiction, and 2,217
mental health services and the county children services board and 2,218
the superintendent of the county board of mental retardation and 2,219
developmental disabilities shall be ex officio nonvoting members 2,220
of the board. 2,221
The board of county commissioners shall remove from 2,223
membership on the county welfare advisory board any person having 2,224
three consecutive unexcused absences from regular meetings, as 2,225
"unexcused absences" are defined by the advisory board. 2,226
Each person appointed shall serve until his successor is 2,228
appointed and qualified. Any vacancy shall be filled for the 2,229
unexpired term in the same manner as an original appointment. 2,230
Members of the county welfare advisory board shall serve as such 2,231
without compensation, except that they shall receive 2,232
reimbursement for necessary and actual expenses incurred in the 2,233
performance of their duties PLANNING COMMITTEE. THE BOARD SHALL 2,235
APPOINT A MEMBER TO REPRESENT THE COUNTY DEPARTMENT OF HUMAN 2,236
SERVICES, A MEMBER TO REPRESENT THE PUBLIC CHILDREN SERVICES 2,237
AGENCY, AND A MEMBER TO REPRESENT THE PUBLIC. THE BOARD SHALL
APPOINT OTHER INDIVIDUALS TO THE COMMITTEE IN SUCH A MANNER THAT 2,239
THE COMMITTEE'S MEMBERSHIP IS BROADLY REPRESENTATIVE OF THE 2,240
52
GROUPS OF INDIVIDUALS AND THE PUBLIC AND PRIVATE ENTITIES THAT 2,241
HAVE AN INTEREST IN THE SOCIAL SERVICES PROVIDED IN THE COUNTY. 2,242
THE BOARD SHALL MAKE APPOINTMENTS IN A MANNER THAT REFLECTS THE 2,243
ETHNIC AND RACIAL COMPOSITION OF THE COUNTY. THE FOLLOWING 2,244
GROUPS AND ENTITIES MAY BE REPRESENTED ON THE COMMITTEE: 2,245
(1) CONSUMERS OF SOCIAL SERVICES; 2,247
(2) PUBLIC ENTITIES THAT PROVIDE SOCIAL SERVICES, 2,249
INCLUDING BOARDS OF HEALTH, BOARDS OF EDUCATION, THE COUNTY BOARD 2,251
OF MENTAL RETARDATION AND DEVELOPMENTAL DISABILITIES, AND THE 2,252
BOARD OF ALCOHOL, DRUG ADDICTION, AND MENTAL HEALTH SERVICES THAT 2,253
SERVES THE COUNTY;
(3) PRIVATE NONPROFIT AND FOR-PROFIT ENTITIES THAT PROVIDE 2,256
SOCIAL SERVICES IN THE COUNTY OR THAT ADVOCATE FOR CONSUMERS OF 2,257
SOCIAL SERVICES IN THE COUNTY;
(4) LABOR ORGANIZATIONS; 2,259
(5) ANY OTHER GROUP OR ENTITY THAT HAS AN INTEREST IN THE 2,261
SOCIAL SERVICES PROVIDED IN THE COUNTY, INCLUDING GROUPS OR 2,262
ENTITIES THAT REPRESENT ANY OF THE COUNTY'S BUSINESS, URBAN, AND 2,263
RURAL SECTORS. 2,264
(B) THE COUNTY HUMAN SERVICES PLANNING COMMITTEE SHALL DO 2,267
ALL OF THE FOLLOWING: 2,268
(1) SERVE AS AN ADVISORY BODY TO THE BOARD OF COUNTY 2,270
COMMISSIONERS WITH REGARD TO THE SOCIAL SERVICES PROVIDED IN THE 2,271
COUNTY, INCLUDING ASSISTANCE UNDER CHAPTER 5107. OF THE REVISED 2,275
CODE, PUBLICLY FUNDED CHILD DAY-CARE UNDER CHAPTER 5104. OF THE 2,277
REVISED CODE, AND SOCIAL SERVICES PROVIDED UNDER SECTION 5101.46 2,279
OF THE REVISED CODE; 2,281
(2) PROVIDE COMMENTS AND RECOMMENDATIONS TO THE BOARD 2,283
PRIOR TO THE BOARD'S ENTERING INTO OR AMENDING A PARTNERSHIP 2,284
AGREEMENT WITH THE DIRECTOR OF HUMAN SERVICES UNDER SECTION 2,285
307.98 OF THE REVISED CODE; 2,286
(3) CONDUCT PUBLIC HEARINGS ON PROPOSED COUNTY PROFILES 2,289
FOR THE PROVISION OF SOCIAL SERVICES UNDER SECTION 5101.46 OF THE 2,290
REVISED CODE; 2,292
53
(4) AT THE REQUEST OF THE BOARD, MAKE RECOMMENDATIONS AND 2,294
PROVIDE ASSISTANCE REGARDING THE SOCIAL SERVICES PROVIDED IN THE 2,295
COUNTY; 2,296
(5) AT ANY OTHER TIME THE COMMITTEE CONSIDERS APPROPRIATE, 2,299
CONSULT WITH THE BOARD AND MAKE RECOMMENDATIONS REGARDING THE 2,300
SOCIAL SERVICES PROVIDED IN THE COUNTY. THE COMMITTEE'S 2,301
RECOMMENDATIONS MAY ADDRESS THE FOLLOWING:
(a) IMPLEMENTATION AND ADMINISTRATION OF SOCIAL SERVICE 2,304
PROGRAMS;
(b) USE OF FEDERAL, STATE, AND LOCAL FUNDS AVAILABLE FOR 2,307
SOCIAL SERVICE PROGRAMS;
(c) ESTABLISHMENT OF GOALS TO BE ACHIEVED BY SOCIAL 2,310
SERVICE PROGRAMS;
(d) EVALUATION OF THE OUTCOMES OF SOCIAL SERVICE PROGRAMS; 2,313
(e) ANY OTHER MATTER THE BOARD CONSIDERS RELEVANT TO THE 2,316
PROVISION OF SOCIAL SERVICES.
(C) IF THERE IS A COMMITTEE IN EXISTENCE IN A COUNTY ON 2,319
THE EFFECTIVE DATE OF THIS AMENDMENT THAT THE BOARD OF COUNTY 2,320
COMMISSIONERS DETERMINES IS CAPABLE OF FULFILLING THE 2,321
RESPONSIBILITIES OF A COUNTY HUMAN SERVICES PLANNING COMMITTEE, 2,322
THE BOARD MAY DESIGNATE THE COMMITTEE AS THE COUNTY'S HUMAN 2,323
SERVICES PLANNING COMMITTEE AND THE COMMITTEE SHALL SERVE IN THAT 2,324
CAPACITY.
Sec. 329.09. All moneys received by each county from the 2,333
state, or from the federal government under the "Social Security 2,334
Act," or any act of the congress amendatory of or in substitution 2,335
for such act, for aid to dependent children OHIO WORKS FIRST 2,336
UNDER CHAPTER 5107. OF THE REVISED CODE or for any other welfare 2,337
activity, shall be considered appropriated for the purposes for 2,339
which such moneys were received.
Sec. 329.11. AS USED IN SECTIONS 329.11 TO 329.14 OF THE 2,342
REVISED CODE: 2,343
(A) "ELIGIBLE EDUCATION INSTITUTION" MEANS AN INSTITUTION 2,346
DESCRIBED IN 20 U.S.C. 1088(a)(1) OR 1141(a), AS AMENDED, OR AN 2,349
54
AREA VOCATIONAL EDUCATION SCHOOL AS DEFINED IN 20 U.S.C. 2471(4), 2,351
AS AMENDED.
(B) "FEDERAL POVERTY LINE" HAS THE SAME MEANING AS IN 2,354
SECTION 5104.01 OF THE REVISED CODE. 2,356
(C) "FIDUCIARY ORGANIZATION" MEANS A NONPROFIT FUNDRAISING 2,359
ORGANIZATION EXEMPT FROM FEDERAL INCOME TAXATION PURSUANT TO 26 2,361
U.S.C. 501 (a) AND (c)(3). 2,362
(D) "FINANCIAL INSTITUTION" INCLUDES A BANK, TRUST 2,365
COMPANY, SAVINGS AND LOAN ASSOCIATION, SAVINGS BANK, OR CREDIT 2,366
UNION AUTHORIZED TO DO BUSINESS UNDER FEDERAL LAW OR THE LAWS OF 2,367
THIS STATE.
(E) "FUNDS AVAILABLE" MEANS THE AMOUNT AVAILABLE TO A 2,370
FIDUCIARY ORGANIZATION FOR THE PURPOSE OF MATCHING FUNDS 2,371
DEPOSITED BY PROGRAM PARTICIPANTS. 2,372
(F) "INDIVIDUAL DEVELOPMENT ACCOUNT" MEANS A TRUST CREATED 2,375
OR ORGANIZED IN THE UNITED STATES PURSUANT TO AN INDIVIDUAL 2,378
DEVELOPMENT ACCOUNT PROGRAM ESTABLISHED UNDER SECTION 329.12 OF 2,379
THE REVISED CODE TO ENABLE AN INDIVIDUAL ELIGIBLE TO PARTICIPATE 2,381
IN THE PROGRAM TO ACCUMULATE FUNDS FOR THE PURPOSES SPECIFIED IN 2,382
SECTION 329.14 OF THE REVISED CODE. 2,383
(G) "NONPROFIT MICROENTERPRISE PROGRAM" MEANS A PROGRAM 2,385
UNDER WHICH LOANS AND ASSISTANCE ARE PROVIDED TO LOW-INCOME 2,386
PERSONS FOR THE PURPOSE OF STARTING OR OPERATING A SMALL 2,387
BUSINESS.
(H) "POSTSECONDARY EDUCATIONAL EXPENSES" MEANS BOTH OF THE 2,389
FOLLOWING: 2,390
(1) TUITION AND FEES REQUIRED FOR THE ENROLLMENT OR 2,392
ATTENDANCE OF A STUDENT AT AN ELIGIBLE EDUCATION INSTITUTION; 2,394
(2) FEES, BOOKS, SUPPLIES, AND EQUIPMENT REQUIRED FOR 2,396
COURSES OF INSTRUCTION AT AN ELIGIBLE EDUCATION INSTITUTION. 2,398
(I) "QUALIFIED ACQUISITION COSTS" MEANS THE COSTS 2,401
ASSOCIATED WITH ACQUIRING, CONSTRUCTING, OR RECONSTRUCTING A 2,402
RESIDENCE, INCLUDING ANY ORDINARY OR REASONABLE SETTLEMENT, 2,403
FINANCING, OR OTHER CLOSING COSTS. 2,404
55
(J) "QUALIFIED BUSINESS" MEANS ANY BUSINESS FORMED FOR A 2,407
PURPOSE FOR WHICH PERSONS LAWFULLY MAY ASSOCIATE THEMSELVES. 2,408
(K) "QUALIFIED BUSINESS PLAN" MEANS A PLAN THAT INCLUDES A 2,411
DESCRIPTION OF SERVICES OR GOODS TO BE SOLD, A MARKETING PLAN, 2,412
AND PROJECTED FINANCIAL STATEMENTS. 2,413
Sec. 329.12. (A) A COUNTY DEPARTMENT OF HUMAN SERVICES 2,416
MAY ESTABLISH AN INDIVIDUAL DEVELOPMENT ACCOUNT PROGRAM FOR 2,417
RESIDENTS OF THE COUNTY. THE PROGRAM SHALL PROVIDE FOR 2,418
ESTABLISHMENT OF ACCOUNTS FOR PARTICIPANTS AND ACCEPTANCE OF
CONTRIBUTIONS FROM OTHERS TO BE USED AS MATCHING FUNDS FOR 2,419
DEPOSIT IN THE ACCOUNTS. 2,420
(B) A COUNTY DEPARTMENT SHALL SELECT A FIDUCIARY 2,424
ORGANIZATION TO ADMINISTER ITS INDIVIDUAL ACCOUNT PROGRAM. IN 2,425
SELECTING A FIDUCIARY ORGANIZATION, THE DEPARTMENT SHALL CONSIDER 2,427
ALL OF THE FOLLOWING REGARDING THE ORGANIZATION: 2,428
(1) ITS ABILITY TO MARKET THE PROGRAM TO POTENTIAL 2,430
PARTICIPANTS AND MATCHING FUND CONTRIBUTORS; 2,431
(2) ITS ABILITY TO INVEST MONEY IN THE ACCOUNTS IN A WAY 2,434
THAT PROVIDES FOR RETURN WITH MINIMAL RISK OF LOSS;
(3) ITS OVERALL ADMINISTRATIVE CAPACITY, INCLUDING THE 2,436
ABILITY TO VERIFY ELIGIBILITY OF INDIVIDUALS FOR PARTICIPATION IN 2,437
THE PROGRAM, PREVENT UNAUTHORIZED USE OF MATCHING CONTRIBUTIONS, 2,439
AND ENFORCE ANY PENALTIES FOR UNAUTHORIZED USES THAT MAY BE 2,440
PROVIDED FOR BY RULE ADOPTED BY THE STATE DEPARTMENT OF HUMAN 2,441
SERVICES UNDER SECTION 5101.20 OF THE REVISED CODE. 2,442
(4) ITS ABILITY TO PROVIDE FINANCIAL COUNSELING TO 2,445
PARTICIPANTS;
(5) ITS AFFILIATION WITH OTHER ACTIVITIES DESIGNED TO 2,447
INCREASE THE INDEPENDENCE OF INDIVIDUALS AND FAMILIES THROUGH 2,448
POSTSECONDARY EDUCATION, HOME OWNERSHIP, AND BUSINESS 2,449
DEVELOPMENT; 2,450
(6) ANY OTHER FACTOR THE COUNTY DEPARTMENT CONSIDERS 2,452
APPROPRIATE.
(C) AT THE TIME IT COMMENCES THE PROGRAM AND ON THE FIRST 2,456
56
DAY OF EACH SUBSEQUENT PROGRAM YEAR, THE COUNTY DEPARTMENT MAY 2,457
MAKE A GRANT TO THE FIDUCIARY ORGANIZATION TO PAY ALL OR PART OF 2,458
THE ADMINISTRATIVE COSTS OF THE PROGRAM.
(D) THE COUNTY DEPARTMENT SHALL REQUIRE THE FIDUCIARY 2,462
ORGANIZATION TO COLLECT AND MAINTAIN INFORMATION REGARDING THE 2,463
PROGRAM, INCLUDING ALL OF THE FOLLOWING: 2,464
(1) THE NUMBER OF ACCOUNTS ESTABLISHED; 2,466
(2) THE AMOUNT DEPOSITED BY EACH PARTICIPANT AND THE 2,469
AMOUNT MATCHED BY CONTRIBUTIONS;
(3) THE USES OF FUNDS WITHDRAWN FROM THE ACCOUNT, 2,471
INCLUDING THE NUMBER OF PARTICIPANTS WHO USED FUNDS FOR 2,472
POSTSECONDARY EDUCATIONAL EXPENSES AND THE INSTITUTIONS ATTENDED, 2,474
THE NUMBER OF PERSONAL RESIDENCES PURCHASED, AND THE NUMBER OF 2,475
PARTICIPANTS WHO USED FUNDS FOR BUSINESS CAPITALIZATION; 2,476
(4) THE DEMOGRAPHICS OF PROGRAM PARTICIPANTS; 2,478
(5) THE NUMBER OF PARTICIPANTS WHO WITHDREW FROM THE 2,480
PROGRAM AND THE REASONS FOR WITHDRAWAL. 2,481
(E) THE COUNTY DEPARTMENT SHALL PREPARE AND FILE WITH THE 2,485
STATE DEPARTMENT OF HUMAN SERVICES A SEMI-ANNUAL REPORT 2,486
CONTAINING THE INFORMATION THE STATE DEPARTMENT REQUIRES BY RULE 2,487
ADOPTED UNDER SECTION 5101.20 OF THE REVISED CODE, WITH THE FIRST 2,489
REPORT BEING FILED AT THE END OF THE SIX-MONTH PERIOD FOLLOWING 2,490
THE EFFECTIVE DATE OF THIS SECTION. 2,491
Sec. 329.13. A FIDUCIARY ORGANIZATION MAY ESTABLISH AN 2,493
INDIVIDUAL DEVELOPMENT ACCOUNT ONLY IN A FINANCIAL INSTITUTION 2,494
INSURED BY THE FEDERAL DEPOSIT INSURANCE CORPORATION OR IN 2,495
ACCORDANCE WITH SECTION 1733.041 OF THE REVISED CODE. 2,496
NOT LATER THAN THE THIRTIETH DAY OF JANUARY OF EACH YEAR, A 2,498
FIDUCIARY ORGANIZATION SHALL DETERMINE WHETHER THE AMOUNT IT 2,499
DEPOSITED INTO INDIVIDUAL DEVELOPMENT ACCOUNTS FROM CONTRIBUTIONS 2,501
MADE BY INDIVIDUALS OR ENTITIES THAT ARE NOT CORPORATIONS DURING 2,502
THE PREVIOUS CALENDAR YEAR WAS LESS THAN FIFTY PER CENT OF THE 2,503
FUNDS AVAILABLE FROM CONTRIBUTIONS MADE BY INDIVIDUALS OR 2,504
ENTITIES THAT ARE NOT CORPORATIONS FOR THAT YEAR. A FIDUCIARY 2,505
57
ORGANIZATION MAY NOT ACCEPT ANY ADDITIONAL CONTRIBUTIONS FROM 2,506
INDIVIDUALS OR ENTITIES THAT ARE NOT CORPORATIONS FOR THE PURPOSE 2,507
OF MATCHING FUNDS DEPOSITED BY PROGRAM PARTICIPANTS UNTIL IT HAS 2,508
DEPOSITED AT LEAST FIFTY PER CENT OF THE FUNDS AVAILABLE FROM 2,509
CONTRIBUTIONS MADE BY INDIVIDUALS OR ENTITIES THAT ARE NOT 2,510
CORPORATIONS FOR THE PREVIOUS CALENDAR YEAR INTO INDIVIDUAL 2,511
DEVELOPMENT ACCOUNTS. NOT LATER THAN THE THIRTIETH DAY OF 2,513
JANUARY OF THE YEAR FOLLOWING EACH FIFTH YEAR AFTER THE EFFECTIVE 2,514
DATE OF THIS SECTION, A FIDUCIARY ORGANIZATION SHALL DETERMINE 2,515
WHETHER THE AMOUNT IT DEPOSITED INTO INDIVIDUAL DEVELOPMENT 2,516
ACCOUNTS FROM CONTRIBUTIONS MADE BY CORPORATIONS DURING THE 2,517
PREVIOUS FIVE-YEAR PERIOD WAS LESS THAN FIFTY PER CENT OF THE 2,518
FUNDS AVAILABLE FROM CONTRIBUTIONS MADE BY CORPORATIONS DURING 2,519
THAT PERIOD. A FIDUCIARY ORGANIZATION MAY NOT ACCEPT ANY 2,520
ADDITIONAL CONTRIBUTIONS FROM CORPORATIONS FOR THE PURPOSE OF 2,521
MATCHING FUNDS DEPOSITED BY PROGRAM PARTICIPANTS UNTIL IT HAS 2,522
DEPOSITED AT LEAST FIFTY PER CENT OF THE FUNDS AVAILABLE FROM 2,523
CONTRIBUTIONS MADE BY CORPORATIONS FOR THE PREVIOUS FIVE-YEAR 2,524
PERIOD INTO INDIVIDUAL DEVELOPMENT ACCOUNTS. 2,525
Sec. 329.14. (A) AN INDIVIDUAL WHOSE HOUSEHOLD INCOME 2,528
DOES NOT EXCEED ONE HUNDRED FIFTY PER CENT OF THE FEDERAL POVERTY 2,529
LINE IS ELIGIBLE TO PARTICIPATE IN AN INDIVIDUAL DEVELOPMENT 2,530
ACCOUNT PROGRAM ESTABLISHED BY THE COUNTY DEPARTMENT OF HUMAN 2,531
SERVICES OF THE COUNTY IN WHICH THE INDIVIDUAL RESIDES. AN 2,532
ELIGIBLE INDIVIDUAL SEEKING TO BE A PARTICIPANT IN THE PROGRAM 2,533
SHALL ENTER INTO AN AGREEMENT WITH THE FIDUCIARY ORGANIZATION 2,534
ADMINISTERING THE PROGRAM. THE AGREEMENT SHALL SPECIFY THE TERMS 2,535
AND CONDITIONS OF USES OF FUNDS DEPOSITED, FINANCIAL 2,536
DOCUMENTATION REQUIRED TO BE MAINTAINED BY THE PARTICIPANT, 2,537
EXPECTATIONS AND RESPONSIBILITIES OF THE PARTICIPANT, AND 2,538
SERVICES TO BE PROVIDED BY THE FIDUCIARY ORGANIZATION. 2,539
(B) A PARTICIPANT MAY DEPOSIT EARNED INCOME, AS DEFINED IN 2,542
26 U.S.C. 911(d)(2), AS AMENDED, INTO THE ACCOUNT. THE FIDUCIARY 2,543
ORGANIZATION MAY DEPOSIT INTO THE ACCOUNT AN AMOUNT NOT EXCEEDING 2,545
58
TWICE THE AMOUNT DEPOSITED BY THE PARTICIPANT EXCEPT THAT A 2,546
FIDUCIARY ORGANIZATION MAY NOT, PURSUANT TO AN AGREEMENT WITH AN 2,547
EMPLOYER, DEPOSIT AN AMOUNT INTO AN ACCOUNT HELD BY A PARTICIPANT 2,548
WHO IS EMPLOYED BY THE EMPLOYER. AN ACCOUNT MAY HAVE NO MORE 2,549
THAN TEN THOUSAND DOLLARS IN IT AT ANY TIME. 2,550
(C) NOTWITHSTANDING ELIGIBILITY REQUIREMENTS ESTABLISHED 2,552
IN OR PURSUANT TO CHAPTER 5107. OR 5111. OF THE REVISED CODE, TO 2,554
THE EXTENT PERMITTED BY FEDERAL STATUTES AND REGULATIONS, MONEY 2,555
IN AN INDIVIDUAL DEVELOPMENT ACCOUNT, INCLUDING INTEREST, IS 2,556
EXEMPT FROM CONSIDERATION IN DETERMINING WHETHER THE PARTICIPANT 2,557
OR A MEMBER OF THE PARTICIPANT'S ASSISTANCE GROUP IS ELIGIBLE FOR 2,558
ASSISTANCE UNDER CHAPTER 5107. OR 5111. OF THE REVISED CODE AND 2,560
THE AMOUNT OF ASSISTANCE THE PARTICIPANT OR ASSISTANCE GROUP IS 2,561
ELIGIBLE TO RECEIVE. 2,562
(D)(1) EXCEPT AS PROVIDED IN DIVISION (D)(2) OF THIS 2,565
SECTION, AN INDIVIDUAL DEVELOPMENT ACCOUNT PROGRAM PARTICIPANT 2,566
MAY USE MONEY IN THE ACCOUNT ONLY FOR THE FOLLOWING PURPOSES: 2,568
(a) POSTSECONDARY EDUCATIONAL EXPENSES PAID DIRECTLY FROM 2,571
THE ACCOUNT TO AN ELIGIBLE EDUCATION INSTITUTION OR VENDOR; 2,572
(b) QUALIFIED ACQUISITION EXPENSES OF A PRINCIPAL 2,575
RESIDENCE, AS DEFINED IN 26 U.S.C. 1034, AS AMENDED, PAID 2,576
DIRECTLY FROM THE ACCOUNT TO THE PERSON OR GOVERNMENT ENTITY TO 2,577
WHICH THE EXPENSES ARE DUE; 2,578
(c) QUALIFIED BUSINESS CAPITALIZATION EXPENSES MADE IN 2,580
ACCORDANCE WITH A QUALIFIED BUSINESS PLAN THAT HAS BEEN APPROVED 2,581
BY A FINANCIAL INSTITUTION OR BY A NONPROFIT MICROENTERPRISE 2,582
PROGRAM HAVING DEMONSTRATED BUSINESS EXPERTISE AND PAID DIRECTLY 2,584
FROM THE ACCOUNT TO THE PERSON TO WHOM THE EXPENSES ARE DUE. 2,586
(2) A FIDUCIARY ORGANIZATION SHALL PERMIT A PARTICIPANT TO 2,589
WITHDRAW MONEY DEPOSITED BY THE PARTICIPANT IF IT IS NEEDED TO 2,590
DEAL WITH A PERSONAL EMERGENCY OF THE PARTICIPANT OR A MEMBER OF 2,591
THE PARTICIPANT'S FAMILY OR HOUSEHOLD. WITHDRAWAL SHALL RESULT 2,592
IN THE LOSS OF ANY MATCHING FUNDS IN AN AMOUNT EQUAL TO THE 2,593
AMOUNT OF THE WITHDRAWAL. 2,594
59
(3) REGARDLESS OF THE REASON FOR THE WITHDRAWAL, A 2,596
WITHDRAWAL FROM AN INDIVIDUAL DEVELOPMENT ACCOUNT MAY BE MADE 2,598
ONLY WITH THE APPROVAL OF THE FIDUCIARY ORGANIZATION. 2,599
Sec. 2151.011. (A) As used in the Revised Code: 2,612
(1) "Juvenile court" means the division of the court of 2,614
common pleas or a juvenile court separately and independently 2,615
created having jurisdiction under this chapter. 2,616
(2) "Juvenile judge" means a judge of a court having 2,618
jurisdiction under this chapter. 2,619
(3) "PRIVATE CHILD PLACING AGENCY" MEANS ANY ASSOCIATION, 2,621
AS DEFINED IN SECTION 5103.02 OF THE REVISED CODE, THAT IS 2,622
CERTIFIED PURSUANT TO SECTIONS 5103.03 TO 5103.05 OF THE REVISED 2,623
CODE TO ACCEPT TEMPORARY, PERMANENT, OR LEGAL CUSTODY OF CHILDREN 2,624
AND PLACE THE CHILDREN FOR EITHER FOSTER CARE OR ADOPTION. 2,625
(4) "PRIVATE NONCUSTODIAL AGENCY" MEANS ANY PERSON, 2,627
ORGANIZATION, ASSOCIATION, OR SOCIETY CERTIFIED BY THE DEPARTMENT 2,628
OF HUMAN SERVICES THAT DOES NOT ACCEPT TEMPORARY OR PERMANENT 2,629
LEGAL CUSTODY OF CHILDREN, THAT IS PRIVATELY OPERATED IN THIS 2,630
STATE, AND THAT DOES ONE OR MORE OF THE FOLLOWING: 2,631
(a) RECEIVES AND CARES FOR CHILDREN FOR TWO OR MORE 2,633
CONSECUTIVE WEEKS; 2,634
(b) PARTICIPATES IN THE PLACEMENT OF CHILDREN IN FAMILY 2,636
FOSTER HOMES; 2,637
(c) PROVIDES ADOPTION SERVICES IN CONJUNCTION WITH A 2,639
PUBLIC CHILDREN SERVICES AGENCY OR PRIVATE CHILD PLACING AGENCY. 2,640
(B) As used in this chapter: 2,642
(1) "ADEQUATE PARENTAL CARE" MEANS THE PROVISION BY A 2,644
CHILD'S PARENT OR PARENTS, GUARDIAN, OR CUSTODIAN OF ADEQUATE 2,645
FOOD, CLOTHING, AND SHELTER TO ENSURE THE CHILD'S HEALTH AND 2,646
PHYSICAL SAFETY AND THE PROVISION BY A CHILD'S PARENT OR PARENTS 2,647
OF SPECIALIZED SERVICES WARRANTED BY THE CHILD'S PHYSICAL OR 2,648
MENTAL NEEDS. 2,649
(2) "ADULT" MEANS AN INDIVIDUAL WHO IS EIGHTEEN YEARS OF 2,651
AGE OR OLDER. 2,652
60
(3) "AGREEMENT FOR TEMPORARY CUSTODY" MEANS A VOLUNTARY 2,654
AGREEMENT AUTHORIZED BY SECTION 5103.15 OF THE REVISED CODE THAT 2,656
TRANSFERS THE TEMPORARY CUSTODY OF A CHILD TO A PUBLIC CHILDREN 2,657
SERVICES AGENCY OR A PRIVATE CHILD PLACING AGENCY. 2,658
(4) "BABYSITTING CARE" MEANS CARE PROVIDED FOR A CHILD 2,660
WHILE THE PARENTS, GUARDIAN, OR LEGAL CUSTODIAN OF THE CHILD ARE 2,661
TEMPORARILY AWAY. 2,662
(5) "CERTIFIED FAMILY FOSTER HOME" MEANS A FAMILY FOSTER 2,664
HOME OPERATED BY PERSONS HOLDING A CERTIFICATE IN FORCE, ISSUED 2,665
UNDER SECTION 5103.03 OF THE REVISED CODE. 2,666
(6)(a) "Child" means a person who is under eighteen years 2,669
of age, except as otherwise provided in divisions (B)(1)(6)(b) to 2,670
(f) of this section. 2,671
(b) Subject to division (B)(1)(6)(c) of this section, any 2,674
person who violates a federal or state law or municipal ordinance 2,675
prior to attaining eighteen years of age shall be deemed a
"child" irrespective of that person's age at the time the 2,676
complaint is filed or the hearing on the complaint is held. 2,677
(c) Any person who, while under eighteen years of age, 2,680
commits an act that would be a felony if committed by an adult 2,681
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 2,682
child in relation to that act. 2,683
(d) Any person whose case is transferred for criminal 2,685
prosecution pursuant to division (B) or (C) of section 2151.26 of 2,686
the Revised Code shall after the transfer be deemed not to be a 2,687
child in the transferred case. 2,688
(e) Subject to division (B)(1)(6)(f) of this section, any 2,691
person whose case is transferred for criminal prosecution 2,692
pursuant to division (B) or (C) of section 2151.26 of the Revised 2,693
Code and who subsequently is convicted of or pleads guilty to a 2,694
felony in that case shall after the transfer be deemed not to be 2,696
a child in any case in which the person is alleged to have 2,698
committed prior to or subsequent to the transfer an act that 2,700
61
would be an offense if committed by an adult. Division 2,701
(B)(1)(6)(e) of this section applies to a case regardless of 2,702
whether the prior or subsequent act that is alleged in the case 2,704
and that would be an offense if committed by an adult allegedly 2,705
was committed in the same county in which the case was 2,707
transferred or in another county and regardless of whether the
complaint in the case involved was filed in the same county in 2,708
which the case was transferred or in another county. Division 2,709
(B)(1)(6)(e) of this section applies to a case that involves an 2,711
act committed prior to the transfer only when the prior act 2,712
alleged in the case has not been disposed of by a juvenile court
or trial court. 2,713
(f) Notwithstanding division (B)(1)(6)(e) of this section, 2,716
if a person's case is transferred for criminal prosecution
pursuant to division (B) or (C) of section 2151.26 of the Revised 2,718
Code and if the person subsequently is convicted of or pleads 2,719
guilty to a felony in that case, thereafter, the person shall be
considered a child solely for the following purposes in relation 2,720
to any act the person subsequently commits that would be an 2,721
offense if committed by an adult: 2,722
(i) For purposes of the filing of a complaint alleging 2,724
that the child is a delinquent child for committing the act that 2,725
would be an offense if committed by an adult; 2,726
(ii) For purposes of the juvenile court conducting a 2,728
hearing under division (B) of section 2151.26 of the Revised Code 2,730
relative to the complaint described in division (B)(1)(6)(f)(i) 2,731
of this section to determine whether division (B)(1) of section 2,732
2151.26 of the Revised Code applies and requires that the case be 2,734
transferred for criminal prosecution to the appropriate court 2,735
having jurisdiction of the offense.
(2) "Adult" means an individual who is eighteen years of 2,737
age or older. 2,738
(3)(7) "CHILD DAY CAMP," "CHILD DAY-CARE," "CHILD DAY-CARE 2,740
CENTER," "PART-TIME CHILD DAY-CARE CENTER," "TYPE A FAMILY 2,743
62
DAY-CARE HOME," "CERTIFIED TYPE B FAMILY DAY-CARE HOME," "TYPE B 2,744
HOME," "ADMINISTRATOR OF A CHILD DAY-CARE CENTER," "ADMINISTRATOR 2,746
OF A TYPE A FAMILY DAY-CARE HOME," "IN-HOME AIDE," AND 2,747
"AUTHORIZED PROVIDER" HAVE THE SAME MEANINGS AS IN SECTION 2,748
5104.01 OF THE REVISED CODE.
(8) "CHILD DAY-CARE PROVIDER" MEANS AN INDIVIDUAL WHO IS A 2,751
CHILD-CARE STAFF MEMBER OR ADMINISTRATOR OF A CHILD DAY-CARE
CENTER, A TYPE A FAMILY DAY-CARE HOME, OR A TYPE B FAMILY 2,752
DAY-CARE HOME, OR AN IN-HOME AIDE OR AN INDIVIDUAL WHO IS 2,753
LICENSED, IS REGULATED, IS APPROVED, OPERATES UNDER THE DIRECTION 2,754
OF, OR OTHERWISE IS CERTIFIED BY THE DEPARTMENT OF HUMAN 2,755
SERVICES, DEPARTMENT OF MENTAL RETARDATION AND DEVELOPMENTAL 2,756
DISABILITIES, OR THE EARLY CHILDHOOD PROGRAMS OF THE DEPARTMENT 2,757
OF EDUCATION. 2,758
(9) "COMMIT" MEANS TO VEST CUSTODY AS ORDERED BY THE 2,760
COURT. 2,761
(10) "COUNSELING" INCLUDES BOTH OF THE FOLLOWING: 2,763
(a) GENERAL COUNSELING SERVICES PERFORMED BY A PUBLIC 2,766
CHILDREN SERVICES AGENCY OR SHELTER FOR VICTIMS OF DOMESTIC 2,767
VIOLENCE TO ASSIST A CHILD, A CHILD'S PARENTS, AND A CHILD'S 2,768
SIBLINGS IN ALLEVIATING IDENTIFIED PROBLEMS THAT MAY CAUSE OR 2,770
HAVE CAUSED THE CHILD TO BE AN ABUSED, NEGLECTED, OR DEPENDENT 2,771
CHILD.
(b) PSYCHIATRIC OR PSYCHOLOGICAL THERAPEUTIC COUNSELING 2,774
SERVICES PROVIDED TO CORRECT OR ALLEVIATE ANY MENTAL OR EMOTIONAL 2,776
ILLNESS OR DISORDER AND PERFORMED BY A LICENSED PSYCHIATRIST,
LICENSED PSYCHOLOGIST, OR A PERSON LICENSED UNDER CHAPTER 4757. 2,777
OF THE REVISED CODE TO ENGAGE IN SOCIAL WORK OR PROFESSIONAL 2,778
COUNSELING.
(11) "CUSTODIAN" MEANS A PERSON WHO HAS LEGAL CUSTODY OF A 2,780
CHILD OR A PUBLIC CHILDREN SERVICES AGENCY OR PRIVATE CHILD 2,781
PLACING AGENCY THAT HAS PERMANENT, TEMPORARY, OR LEGAL CUSTODY OF 2,782
A CHILD. 2,783
(12) "Detention" means the temporary care of children 2,785
63
pending court adjudication or disposition, or execution of a 2,786
court order, in a public or private facility designed to 2,787
physically restrict the movement and activities of children. 2,788
(4)(13) "DEVELOPMENTAL DISABILITY" HAS THE SAME MEANING AS 2,790
IN SECTION 5123.01 OF THE REVISED CODE. 2,792
(14) "FAMILY FOSTER HOME" MEANS A PRIVATE RESIDENCE IN 2,794
WHICH CHILDREN ARE RECEIVED APART FROM THEIR PARENTS, GUARDIAN, 2,795
OR LEGAL CUSTODIAN BY AN INDIVIDUAL FOR HIRE, GAIN, OR REWARD FOR 2,796
NONSECURE CARE, SUPERVISION, OR TRAINING TWENTY-FOUR HOURS A DAY. 2,797
"FAMILY FOSTER HOME" DOES NOT INCLUDE BABYSITTING CARE PROVIDED 2,798
FOR A CHILD IN THE HOME OF A PERSON OTHER THAN THE HOME OF THE 2,799
PARENTS, GUARDIAN, OR LEGAL CUSTODIAN OF THE CHILD. 2,800
(15) "FOSTER HOME" MEANS A FAMILY HOME IN WHICH ANY CHILD 2,802
IS RECEIVED APART FROM THE CHILD'S PARENTS FOR CARE, SUPERVISION, 2,803
OR TRAINING. 2,805
(16) "GUARDIAN" MEANS A PERSON, ASSOCIATION, OR 2,807
CORPORATION THAT IS GRANTED AUTHORITY BY A PROBATE COURT PURSUANT 2,808
TO CHAPTER 2111. OF THE REVISED CODE TO EXERCISE PARENTAL RIGHTS 2,809
OVER A CHILD TO THE EXTENT PROVIDED IN THE COURT'S ORDER AND 2,810
SUBJECT TO THE RESIDUAL PARENTAL RIGHTS OF THE CHILD'S PARENTS. 2,811
(17) "LEGAL CUSTODY" MEANS A LEGAL STATUS THAT VESTS IN 2,813
THE CUSTODIAN THE RIGHT TO HAVE PHYSICAL CARE AND CONTROL OF THE 2,814
CHILD AND TO DETERMINE WHERE AND WITH WHOM THE CHILD SHALL LIVE, 2,815
AND THE RIGHT AND DUTY TO PROTECT, TRAIN, AND DISCIPLINE THE 2,817
CHILD AND TO PROVIDE THE CHILD WITH FOOD, SHELTER, EDUCATION, AND 2,818
MEDICAL CARE, ALL SUBJECT TO ANY RESIDUAL PARENTAL RIGHTS, 2,820
PRIVILEGES, AND RESPONSIBILITIES. AN INDIVIDUAL GRANTED LEGAL 2,821
CUSTODY SHALL EXERCISE THE RIGHTS AND RESPONSIBILITIES PERSONALLY 2,822
UNLESS OTHERWISE AUTHORIZED BY ANY SECTION OF THE REVISED CODE OR 2,823
BY THE COURT. 2,824
(18) "LONG-TERM FOSTER CARE" MEANS AN ORDER OF A JUVENILE 2,826
COURT PURSUANT TO WHICH BOTH OF THE FOLLOWING APPLY: 2,827
(a) LEGAL CUSTODY OF A CHILD IS GIVEN TO A PUBLIC CHILDREN 2,829
SERVICES AGENCY OR A PRIVATE CHILD PLACING AGENCY WITHOUT THE 2,830
64
TERMINATION OF PARENTAL RIGHTS. 2,831
(b) THE AGENCY IS PERMITTED TO MAKE AN APPROPRIATE 2,833
PLACEMENT OF THE CHILD AND TO ENTER INTO A WRITTEN LONG-TERM 2,834
FOSTER CARE AGREEMENT WITH A FOSTER CARE PROVIDER OR WITH ANOTHER 2,835
PERSON OR AGENCY WITH WHOM THE CHILD IS PLACED. 2,836
(19) "MENTAL ILLNESS" AND "MENTALLY ILL PERSON SUBJECT TO 2,838
HOSPITALIZATION BY COURT ORDER" HAVE THE SAME MEANINGS AS IN 2,839
SECTION 5122.01 OF THE REVISED CODE. 2,840
(20) "MENTAL INJURY" MEANS ANY BEHAVIORAL, COGNITIVE, 2,842
EMOTIONAL, OR MENTAL DISORDER IN A CHILD CAUSED BY AN ACT OR 2,843
OMISSION THAT IS DESCRIBED IN SECTION 2919.22 OF THE REVISED CODE 2,844
AND IS COMMITTED BY THE PARENT OR OTHER PERSON RESPONSIBLE FOR 2,846
THE CHILD'S CARE.
(21) "MENTALLY RETARDED PERSON" HAS THE SAME MEANING AS IN 2,848
SECTION 5123.01 OF THE REVISED CODE. 2,849
(22) "NONSECURE CARE, SUPERVISION, OR TRAINING" MEANS 2,851
CARE, SUPERVISION, OR TRAINING OF A CHILD IN A FACILITY THAT DOES 2,852
NOT CONFINE OR PREVENT MOVEMENT OF THE CHILD WITHIN THE FACILITY 2,853
OR FROM THE FACILITY. 2,854
(23) "ORGANIZATION" MEANS ANY INSTITUTION, PUBLIC, 2,856
SEMIPUBLIC, OR PRIVATE, AND ANY PRIVATE ASSOCIATION, SOCIETY, OR 2,857
AGENCY LOCATED OR OPERATING IN THE STATE, INCORPORATED OR 2,858
UNINCORPORATED, HAVING AMONG ITS FUNCTIONS THE FURNISHING OF 2,859
PROTECTIVE SERVICES OR CARE FOR CHILDREN, OR THE PLACEMENT OF 2,860
CHILDREN IN FOSTER HOMES OR ELSEWHERE. 2,861
(24) "OUT-OF-HOME CARE" MEANS DETENTION FACILITIES, 2,863
SHELTER FACILITIES, FOSTER HOMES, CERTIFIED FOSTER HOMES, 2,864
PLACEMENT IN A PROSPECTIVE ADOPTIVE HOME PRIOR TO THE ISSUANCE OF 2,865
A FINAL DECREE OF ADOPTION, ORGANIZATIONS, CERTIFIED 2,866
ORGANIZATIONS, CHILD DAY-CARE CENTERS, TYPE A FAMILY DAY-CARE 2,867
HOMES, CHILD DAY-CARE PROVIDED BY TYPE B FAMILY DAY-CARE HOME 2,868
PROVIDERS AND BY IN-HOME AIDES, GROUP HOME PROVIDERS, GROUP 2,869
HOMES, INSTITUTIONS, STATE INSTITUTIONS, RESIDENTIAL FACILITIES, 2,870
RESIDENTIAL CARE FACILITIES, RESIDENTIAL CAMPS, DAY CAMPS, 2,871
65
HOSPITALS, AND MEDICAL CLINICS THAT ARE RESPONSIBLE FOR THE CARE, 2,872
PHYSICAL CUSTODY, OR CONTROL OF CHILDREN. 2,873
(25) "OUT-OF-HOME CARE CHILD ABUSE" MEANS ANY OF THE 2,875
FOLLOWING WHEN COMMITTED BY A PERSON RESPONSIBLE FOR THE CARE OF 2,876
A CHILD IN OUT-OF-HOME CARE: 2,877
(a) ENGAGING IN SEXUAL ACTIVITY WITH A CHILD IN THE 2,879
PERSON'S CARE; 2,880
(b) DENIAL TO A CHILD, AS A MEANS OF PUNISHMENT, OF PROPER 2,882
OR NECESSARY SUBSISTENCE, EDUCATION, MEDICAL CARE, OR OTHER CARE 2,883
NECESSARY FOR A CHILD'S HEALTH; 2,884
(c) USE OF RESTRAINT PROCEDURES ON A CHILD THAT CAUSE 2,886
INJURY OR PAIN; 2,887
(d) ADMINISTRATION OF PRESCRIPTION DRUGS OR PSYCHOTROPIC 2,889
MEDICATION TO THE CHILD WITHOUT THE WRITTEN APPROVAL AND ONGOING 2,890
SUPERVISION OF A LICENSED PHYSICIAN; 2,891
(e) COMMISSION OF ANY ACT, OTHER THAN BY ACCIDENTAL MEANS, 2,893
THAT RESULTS IN ANY INJURY TO OR DEATH OF THE CHILD IN 2,894
OUT-OF-HOME CARE OR COMMISSION OF ANY ACT BY ACCIDENTAL MEANS 2,895
THAT RESULTS IN AN INJURY TO OR DEATH OF A CHILD IN OUT-OF-HOME 2,896
CARE AND THAT IS AT VARIANCE WITH THE HISTORY GIVEN OF THE INJURY 2,897
OR DEATH.
(26) "OUT-OF-HOME CARE CHILD NEGLECT" MEANS ANY OF THE 2,899
FOLLOWING WHEN COMMITTED BY A PERSON RESPONSIBLE FOR THE CARE OF 2,900
A CHILD IN OUT-OF-HOME CARE: 2,901
(a) FAILURE TO PROVIDE REASONABLE SUPERVISION ACCORDING TO 2,903
THE STANDARDS OF CARE APPROPRIATE TO THE AGE, MENTAL AND PHYSICAL 2,904
CONDITION, OR OTHER SPECIAL NEEDS OF THE CHILD; 2,905
(b) FAILURE TO PROVIDE REASONABLE SUPERVISION ACCORDING TO 2,907
THE STANDARDS OF CARE APPROPRIATE TO THE AGE, MENTAL AND PHYSICAL 2,908
CONDITION, OR OTHER SPECIAL NEEDS OF THE CHILD, THAT RESULTS IN 2,909
SEXUAL OR PHYSICAL ABUSE OF THE CHILD BY ANY PERSON; 2,910
(c) FAILURE TO DEVELOP A PROCESS FOR ALL OF THE FOLLOWING: 2,912
(i) ADMINISTRATION OF PRESCRIPTION DRUGS OR PSYCHOTROPIC 2,914
DRUGS FOR THE CHILD; 2,915
66
(ii) ASSURING THAT THE INSTRUCTIONS OF THE LICENSED 2,917
PHYSICIAN WHO PRESCRIBED A DRUG FOR THE CHILD ARE FOLLOWED; 2,918
(iii) REPORTING TO THE LICENSED PHYSICIAN WHO PRESCRIBED 2,920
THE DRUG ALL UNFAVORABLE OR DANGEROUS SIDE EFFECTS FROM THE USE 2,921
OF THE DRUG. 2,922
(d) FAILURE TO PROVIDE PROPER OR NECESSARY SUBSISTENCE, 2,924
EDUCATION, MEDICAL CARE, OR OTHER INDIVIDUALIZED CARE NECESSARY 2,925
FOR THE HEALTH OR WELL-BEING OF THE CHILD; 2,926
(e) CONFINEMENT OF THE CHILD TO A LOCKED ROOM WITHOUT 2,928
MONITORING BY STAFF; 2,929
(f) FAILURE TO PROVIDE ONGOING SECURITY FOR ALL 2,931
PRESCRIPTION AND NONPRESCRIPTION MEDICATION; 2,932
(g) ISOLATION OF A CHILD FOR A PERIOD OF TIME WHEN THERE 2,934
IS SUBSTANTIAL RISK THAT THE ISOLATION, IF CONTINUED, WILL IMPAIR 2,935
OR RETARD THE MENTAL HEALTH OR PHYSICAL WELL-BEING OF THE CHILD. 2,936
(27) "PERMANENT CUSTODY" MEANS A LEGAL STATUS THAT VESTS 2,938
IN A PUBLIC CHILDREN SERVICES AGENCY OR A PRIVATE CHILD PLACING 2,939
AGENCY, ALL PARENTAL RIGHTS, DUTIES, AND OBLIGATIONS, INCLUDING 2,940
THE RIGHT TO CONSENT TO ADOPTION, AND DIVESTS THE NATURAL PARENTS 2,941
OR ADOPTIVE PARENTS OF ALL PARENTAL RIGHTS, PRIVILEGES, AND 2,943
OBLIGATIONS, INCLUDING ALL RESIDUAL RIGHTS AND OBLIGATIONS.
(28) "PERMANENT SURRENDER" MEANS THE ACT OF THE PARENTS 2,945
OR, IF A CHILD HAS ONLY ONE PARENT, OF THE PARENT OF A CHILD, BY 2,946
A VOLUNTARY AGREEMENT AUTHORIZED BY SECTION 5103.15 OF THE 2,948
REVISED CODE, TO TRANSFER THE PERMANENT CUSTODY OF THE CHILD TO A
PUBLIC CHILDREN SERVICES AGENCY OR A PRIVATE CHILD PLACING 2,949
AGENCY. 2,950
(29) "PERSON RESPONSIBLE FOR A CHILD'S CARE IN OUT-OF-HOME 2,952
CARE" MEANS ANY OF THE FOLLOWING: 2,953
(a) ANY FOSTER PARENT, IN-HOME AIDE, OR PROVIDER; 2,955
(b) ANY ADMINISTRATOR, EMPLOYEE, OR AGENT OF ANY OF THE 2,957
FOLLOWING: A PUBLIC OR PRIVATE DETENTION FACILITY; SHELTER 2,958
FACILITY; ORGANIZATION; CERTIFIED ORGANIZATION; CHILD DAY-CARE 2,959
CENTER; TYPE A FAMILY DAY-CARE HOME; CERTIFIED TYPE B FAMILY 2,960
67
DAY-CARE HOME; GROUP HOME; INSTITUTION; STATE INSTITUTION; 2,961
RESIDENTIAL FACILITY; RESIDENTIAL CARE FACILITY; RESIDENTIAL 2,962
CAMP; DAY CAMP; HOSPITAL; OR MEDICAL CLINIC; 2,963
(c) ANY OTHER PERSON WHO PERFORMS A SIMILAR FUNCTION WITH 2,965
RESPECT TO, OR HAS A SIMILAR RELATIONSHIP TO, CHILDREN. 2,966
(30) "PHYSICALLY IMPAIRED" MEANS HAVING ONE OR MORE OF THE 2,969
FOLLOWING CONDITIONS THAT SUBSTANTIALLY LIMIT ONE OR MORE OF AN 2,970
INDIVIDUAL'S MAJOR LIFE ACTIVITIES, INCLUDING SELF-CARE,
RECEPTIVE AND EXPRESSIVE LANGUAGE, LEARNING, MOBILITY, AND 2,971
SELF-DIRECTION:
(a) A SUBSTANTIAL IMPAIRMENT OF VISION, SPEECH, OR 2,973
HEARING;
(b) A CONGENITAL ORTHOPEDIC IMPAIRMENT; 2,975
(c) AN ORTHOPEDIC IMPAIRMENT CAUSED BY DISEASE, RHEUMATIC 2,978
FEVER OR ANY OTHER SIMILAR CHRONIC OR ACUTE HEALTH PROBLEM, OR 2,979
AMPUTATION OR ANOTHER SIMILAR CAUSE.
(31) "PLACEMENT FOR ADOPTION" MEANS THE ARRANGEMENT BY A 2,981
PUBLIC CHILDREN SERVICES AGENCY OR A PRIVATE CHILD PLACING AGENCY 2,982
WITH A PERSON FOR THE CARE AND ADOPTION BY THAT PERSON OF A CHILD 2,983
OF WHOM THE AGENCY HAS PERMANENT CUSTODY. 2,984
(32) "PLACEMENT IN FOSTER CARE" MEANS THE ARRANGEMENT BY A 2,987
PUBLIC CHILDREN SERVICES AGENCY OR A PRIVATE CHILD PLACING AGENCY 2,988
FOR THE OUT-OF-HOME CARE OF A CHILD OF WHOM THE AGENCY HAS
TEMPORARY CUSTODY OR PERMANENT CUSTODY. 2,989
(33) "PRACTICE OF SOCIAL WORK" AND "PRACTICE OF 2,991
PROFESSIONAL COUNSELING" HAVE THE SAME MEANINGS AS IN SECTION 2,992
4757.01 OF THE REVISED CODE. 2,993
(34) "PROBATION" MEANS A LEGAL STATUS CREATED BY COURT 2,995
ORDER FOLLOWING AN ADJUDICATION THAT A CHILD IS A DELINQUENT 2,996
CHILD, A JUVENILE TRAFFIC OFFENDER, OR AN UNRULY CHILD, WHEREBY 2,997
THE CHILD IS PERMITTED TO REMAIN IN THE PARENT'S, GUARDIAN'S, OR 2,998
CUSTODIAN'S HOME SUBJECT TO SUPERVISION, OR UNDER THE SUPERVISION 2,999
OF ANY AGENCY DESIGNATED BY THE COURT AND RETURNED TO THE COURT 3,000
FOR VIOLATION OF PROBATION AT ANY TIME DURING THE PERIOD OF 3,001
68
PROBATION. 3,002
(35) "PROTECTIVE SUPERVISION" MEANS AN ORDER OF 3,004
DISPOSITION PURSUANT TO WHICH THE COURT PERMITS AN ABUSED, 3,005
NEGLECTED, DEPENDENT, UNRULY, OR DELINQUENT CHILD OR A JUVENILE 3,006
TRAFFIC OFFENDER TO REMAIN IN THE CUSTODY OF THE CHILD'S PARENTS, 3,007
GUARDIAN, OR CUSTODIAN AND STAY IN THE CHILD'S HOME, SUBJECT TO 3,008
ANY CONDITIONS AND LIMITATIONS UPON THE CHILD, THE CHILD'S 3,010
PARENTS, GUARDIAN, OR CUSTODIAN, OR ANY OTHER PERSON THAT THE 3,012
COURT PRESCRIBES, INCLUDING SUPERVISION AS DIRECTED BY THE COURT 3,013
FOR THE PROTECTION OF THE CHILD. 3,014
(36) "PSYCHIATRIST" HAS THE SAME MEANING AS IN SECTION 3,016
5122.01 OF THE REVISED CODE. 3,017
(37) "PSYCHOLOGIST" HAS THE SAME MEANING AS IN SECTION 3,019
4732.01 OF THE REVISED CODE. 3,020
(38) "RESIDENTIAL CAMP" MEANS A PUBLIC OR PRIVATE FACILITY 3,022
THAT ENGAGES OR ACCEPTS THE CARE, PHYSICAL CUSTODY, OR CONTROL OF 3,023
CHILDREN DURING SUMMER MONTHS AND THAT IS LICENSED, REGULATED, 3,024
APPROVED, OPERATED UNDER THE DIRECTION OF, OR OTHERWISE CERTIFIED 3,025
BY THE DEPARTMENT OF HEALTH OR THE AMERICAN CAMPING ASSOCIATION. 3,026
(39) "RESIDENTIAL CARE FACILITY" MEANS AN INSTITUTION, 3,028
RESIDENCE, OR FACILITY THAT IS LICENSED BY THE DEPARTMENT OF 3,029
MENTAL HEALTH UNDER SECTION 5119.22 OF THE REVISED CODE AND THAT 3,030
PROVIDES CARE FOR A CHILD. 3,031
(40) "RESIDENTIAL FACILITY" MEANS A HOME OR FACILITY THAT 3,033
IS LICENSED BY THE DEPARTMENT OF MENTAL RETARDATION AND 3,034
DEVELOPMENTAL DISABILITIES UNDER SECTION 5123.19 OF THE REVISED 3,035
CODE AND IN WHICH A CHILD WITH A DEVELOPMENTAL DISABILITY 3,036
RESIDES. 3,037
(41) "RESIDUAL PARENTAL RIGHTS, PRIVILEGES, AND 3,039
RESPONSIBILITIES" MEANS THOSE RIGHTS, PRIVILEGES, AND 3,040
RESPONSIBILITIES REMAINING WITH THE NATURAL PARENT AFTER THE 3,041
TRANSFER OF LEGAL CUSTODY OF THE CHILD, INCLUDING, BUT NOT 3,042
NECESSARILY LIMITED TO, THE PRIVILEGE OF REASONABLE VISITATION, 3,043
CONSENT TO ADOPTION, THE PRIVILEGE TO DETERMINE THE CHILD'S 3,044
69
RELIGIOUS AFFILIATION, AND THE RESPONSIBILITY FOR SUPPORT. 3,045
(42) "SECURE CORRECTIONAL FACILITY" MEANS A FACILITY UNDER 3,048
THE DIRECTION OF THE DEPARTMENT OF YOUTH SERVICES THAT IS
DESIGNED TO PHYSICALLY RESTRICT THE MOVEMENT AND ACTIVITIES OF 3,049
CHILDREN AND USED FOR THE PLACEMENT OF CHILDREN AFTER 3,050
ADJUDICATION AND DISPOSITION.
(43) "SEXUAL ACTIVITY" HAS THE SAME MEANING AS IN SECTION 3,052
2907.01 OF THE REVISED CODE. 3,053
(44) "Shelter" means the temporary care of children in 3,055
physically unrestricted facilities pending court adjudication or 3,056
disposition. 3,057
(5) "Foster home" means a family home in which any child 3,059
is received apart from the child's parents for care, supervision, 3,060
or training. 3,062
(6) "Certified family foster home" means a family foster 3,064
home operated by persons holding a certificate in force, issued 3,065
under section 5103.03 of the Revised Code. 3,066
(7) "Organization" means any institution, public, 3,068
semipublic, or private, and any private association, society, or 3,069
agency located or operating in the state, incorporated or 3,070
unincorporated, having among its functions the furnishing of 3,071
protective services or care for children, or the placement of 3,072
children in foster homes or elsewhere. 3,073
(8) "Private child placing agency" means any association, 3,075
as defined in section 5103.02 of the Revised Code, that is 3,076
certified pursuant to sections 5103.03 to 5103.05 of the Revised 3,077
Code to accept temporary, permanent, or legal custody of children 3,078
and place the children for either foster care or adoption. 3,079
(9) "Legal custody" means a legal status that vests in the 3,082
custodian the right to have physical care and control of the
child and to determine where and with whom the child shall live, 3,083
and the right and duty to protect, train, and discipline the 3,085
child and to provide the child with food, shelter, education, and 3,086
medical care, all subject to any residual parental rights, 3,088
70
privileges, and responsibilities. An individual granted legal 3,089
custody shall exercise the rights and responsibilities personally 3,090
unless otherwise authorized by any section of the Revised Code or 3,091
by the court. 3,092
(10) "Residual parental rights, privileges, and 3,094
responsibilities" means those rights, privileges, and 3,095
responsibilities remaining with the natural parent after the 3,096
transfer of legal custody of the child, including, but not 3,097
necessarily limited to, the privilege of reasonable visitation, 3,098
consent to adoption, the privilege to determine the child's 3,099
religious affiliation, and the responsibility for support. 3,100
(11) "Permanent custody" means a legal status that vests 3,102
in a public children services agency or a private child placing 3,103
agency, all parental rights, duties, and obligations, including 3,104
the right to consent to adoption, and divests the natural parents 3,105
or adoptive parents of all parental rights, privileges, and 3,107
obligations, including all residual rights and obligations.
(12) "Temporary custody" means legal custody of a child 3,109
who is removed from the child's home, which custody may be 3,110
terminated at any time at the discretion of the court or, if the 3,112
legal custody is granted in an agreement for temporary custody, 3,113
by the person who executed the agreement. 3,114
(13) "Commit" means to vest custody as ordered by the 3,116
court. 3,117
(14) "Probation" means a legal status created by court 3,119
order following an adjudication that a child is a delinquent 3,120
child, a juvenile traffic offender, or an unruly child, whereby 3,121
the child is permitted to remain in the parent's, guardian's, or 3,122
custodian's home subject to supervision, or under the supervision 3,123
of any agency designated by the court and returned to the court 3,124
for violation of probation at any time during the period of 3,125
probation. 3,126
(15) "Protective supervision" means an order of 3,128
disposition pursuant to which the court permits an abused, 3,129
71
neglected, dependent, unruly, or delinquent child or a juvenile 3,130
traffic offender to remain in the custody of the child's parents, 3,131
guardian, or custodian and stay in the child's home, subject to 3,132
any conditions and limitations upon the child, the child's 3,134
parents, guardian, or custodian, or any other person that the 3,136
court prescribes, including supervision as directed by the court 3,137
for the protection of the child. 3,138
(16) "Adequate parental care" means the provision by a 3,140
child's parent or parents, guardian, or custodian of adequate 3,141
food, clothing, and shelter to ensure the child's health and 3,142
physical safety and the provision by a child's parent or parents 3,143
of specialized services warranted by the child's physical or 3,144
mental needs. 3,145
(17) "Agreement for temporary custody" means a voluntary 3,147
agreement that is authorized by section 5103.15 of the Revised 3,148
Code and that transfers the temporary custody of a child to a 3,149
public children services agency or a private child placing 3,150
agency. 3,151
(18) "Guardian" means a person, association, or 3,153
corporation that is granted authority by a probate court pursuant 3,154
to Chapter 2111. of the Revised Code to exercise parental rights 3,155
over a child to the extent provided in the court's order and 3,156
subject to the residual parental rights of the child's parents. 3,157
(19) "Mental illness" and "mentally ill person subject to 3,159
hospitalization by court order" have the same meanings as in 3,160
section 5122.01 of the Revised Code. 3,161
(20) "Mentally retarded person" has the same meaning as in 3,163
section 5123.01 of the Revised Code. 3,164
(21) "Permanent surrender" means the act of the parents 3,166
or, if a child has only one parent, of the parent of a child, by 3,167
a voluntary agreement authorized by section 5103.15 of the 3,168
Revised Code, to transfer the permanent custody of the child to a 3,169
public children services agency or a private child placing 3,170
agency. 3,171
72
(22) "Placement for foster care" means the arrangement by 3,173
a public children services agency or a private child placing 3,174
agency for the out-of-home care of a child of whom the agency has 3,175
temporary custody or permanent custody. 3,176
(23) "Placement for adoption" means the arrangement by a 3,178
public children services agency or a private child placing agency 3,179
with a person for the care and adoption by that person of a child 3,180
of whom the agency has permanent custody. 3,181
(25) "Public children services agency" means a children 3,183
services board or a county department of human services that has 3,184
assumed the administration of the children services function 3,185
prescribed by Chapter 5153. of the Revised Code. 3,186
(26) "Custodian" means a person who has legal custody of a 3,188
child or a public children services agency or private child 3,189
placing agency that has permanent, temporary, or legal custody of 3,190
a child. 3,191
(27) "Counseling" includes general counseling and 3,193
therapeutic counseling. 3,194
(28) "General counseling" means those services performed 3,196
by a county children services board, county department of human 3,197
services exercising the children services function, or shelter 3,198
for victims of domestic violence to assist a child, a child's 3,199
parents, and a child's siblings in alleviating identified 3,200
problems that may cause or have caused the child to be an abused, 3,202
neglected, or dependent child. 3,203
(29) "Therapeutic counseling" means psychiatric or 3,205
psychological services provided to correct or alleviate any 3,207
mental or emotional illness or disorder and performed by a 3,208
licensed psychiatrist, licensed psychologist, or a person 3,209
licensed under Chapter 4757. of the Revised Code to engage in 3,210
social work or professional counseling.
(30)(45) "Shelter for victims of domestic violence" has 3,212
the same meaning as in section 3113.33 of the Revised Code. 3,213
(31) "Psychiatrist" has the same meaning as in section 3,215
73
5122.01 of the Revised Code. 3,216
(32) "Psychologist" has the same meaning as in section 3,218
4732.01 of the Revised Code. 3,219
(33) "Practice of social work" and "practice of 3,221
professional counseling" have the same meanings as in section 3,222
4757.01 of the Revised Code. 3,223
(34) "Child day-care provider" means an individual who is 3,225
a child-care staff member or administrator of a child day-care 3,226
center, a type A family day-care home, or a type B family 3,227
day-care home, or an in-home aide or an individual who is 3,228
licensed, is regulated, is approved, operates under the direction 3,229
of, or otherwise is certified by the department of human 3,230
services, department of mental retardation and developmental 3,231
disabilities, or the early childhood programs of the department 3,232
of education. 3,233
(35) "Residential facility" means a home or facility that 3,235
is licensed by the department of mental retardation and 3,236
developmental disabilities under section 5123.19 of the Revised 3,237
Code and in which a child with a developmental disability 3,238
resides. 3,239
(36) "Residential care facility" means an institution, 3,241
residence, or facility that is licensed by the department of 3,242
mental health under section 5119.22 of the Revised Code and that 3,243
provides care for a child. 3,244
(37) "Residential camp" means a public or private facility 3,246
that engages or accepts the care, physical custody, or control of 3,247
children during summer months and that is licensed, regulated, 3,248
approved, operated under the direction of, or otherwise certified 3,249
by the department of health or the American camping association. 3,250
(38) "Child day camp" has the same meaning as in section 3,252
5104.01 of the Revised Code. 3,253
(39) "Out-of-home care" means detention facilities, 3,255
shelter facilities, foster homes, certified foster homes, 3,256
placement in a prospective adoptive home prior to the issuance of 3,257
74
a final decree of adoption, organizations, certified 3,258
organizations, child day-care centers, type A family day-care 3,259
homes, child day-care provided by type B family day-care home 3,260
providers and by in-home aides, group home providers, group 3,261
homes, institutions, state institutions, residential facilities, 3,262
residential care facilities, residential camps, day camps, 3,263
hospitals, and medical clinics that are responsible for the care, 3,264
physical custody, or control of children. 3,265
(40) "Person responsible for a child's care in out-of-home 3,267
care" means any of the following: 3,268
(a) Any foster parent, in-home aide, or provider; 3,270
(b) Any administrator, employee, or agent of any of the 3,272
following: a public or private detention facility; shelter 3,273
facility; organization; certified organization; child day-care 3,274
center; type A family day-care home; certified type B family 3,275
day-care home; group home; institution; state institution; 3,276
residential facility; residential care facility; residential 3,277
camp; day camp; hospital; or medical clinic. 3,278
(c) Any other person who performs a similar function with 3,280
respect to, or has a similar relationship to, children. 3,281
(41) "Child day-care," "child day-care center," "part-time 3,283
child day-care center," "type A family day-care home," "certified 3,284
type B family day-care home," "type B home," "administrator of a 3,285
child day-care center," "administrator of a type A family 3,286
day-care home," "in-home aide," and "authorized provider" have 3,287
the same meanings as in section 5104.01 of the Revised Code. 3,288
(42) "Developmental disability" has the same meaning as in 3,290
section 5123.01 of the Revised Code. 3,291
(43) "Out-of-home care child neglect" means any of the 3,293
following when committed by a person responsible for the care of 3,294
a child in out-of-home care: 3,295
(a) Failure to provide reasonable supervision according to 3,297
the standards of care appropriate to the age, mental and physical 3,298
condition, or other special needs of the child; 3,299
75
(b) Failure to provide reasonable supervision according to 3,301
the standards of care appropriate to the age, mental and physical 3,302
condition, or other special needs of the child, that results in 3,303
sexual or physical abuse of the child by any person; 3,304
(c) Failure to develop a process for all of the following: 3,306
(i) Administration of prescription drugs or psychotropic 3,308
drugs for the child; 3,309
(ii) Assuring that the instructions of the licensed 3,311
physician who prescribed a drug for the child are followed; 3,312
(iii) Reporting to the licensed physician who prescribed 3,314
the drug all unfavorable or dangerous side effects from the use 3,315
of the drug; 3,316
(d) Failure to provide proper or necessary subsistence, 3,318
education, medical care, or other individualized care necessary 3,319
for the health or well-being of the child; 3,320
(e) Confinement of the child to a locked room without 3,322
monitoring by staff; 3,323
(f) Failure to provide ongoing security for all 3,325
prescription and nonprescription medication; 3,326
(g) Isolation of a child for a period of time when there 3,328
is substantial risk that the isolation, if continued, will impair 3,329
or retard the mental health or physical well-being of the child. 3,330
(44) "Out-of-home care child abuse" means any of the 3,332
following when committed by a person responsible for the care of 3,333
a child in out-of-home care: 3,334
(a) Engaging in sexual activity with a child in the 3,336
person's care;
(b) Denial to a child, as a means of punishment, of proper 3,338
or necessary subsistence, education, medical care, or other care 3,339
necessary for a child's health; 3,340
(c) Use of restraint procedures on a child that cause 3,342
injury or pain; 3,343
(d) Administration of prescription drugs or psychotropic 3,345
medication to the child without the written approval and ongoing 3,346
76
supervision of a licensed physician; 3,347
(e) Commission of any act, other than by accidental means, 3,349
that results in any injury to or death of the child in 3,350
out-of-home care or commission of any act by accidental means 3,351
that results in an injury to or death of a child in out-of-home 3,352
care and that is at variance with the history given of the injury 3,353
or death.
(45) "Sexual activity" has the same meaning as in section 3,355
2907.01 of the Revised Code. 3,356
(46) "Family foster home" means a private residence in 3,358
which children are received apart from their parents, guardian, 3,359
or legal custodian by an individual for hire, gain, or reward for 3,360
nonsecure care, supervision, or training twenty-four hours a day. 3,361
"Family foster home" does not include babysitting care provided 3,362
for a child in the home of a person other than the home of the 3,363
parents, guardian, or legal custodian of the child. 3,364
(47) "Nonsecure care, supervision, or training" means 3,366
care, supervision, or training of a child in a facility that does 3,367
not confine or prevent movement of the child within the facility 3,368
or from the facility. 3,369
(48) "Private noncustodial agency" means any person, 3,371
organization, association, or society certified by the department 3,372
of human services that does not accept temporary or permanent 3,373
legal custody of children, that is privately operated in this 3,374
state, and that does one or more of the following: 3,375
(a) Receives and cares for children for two or more 3,377
consecutive weeks; 3,378
(b) Participates in the placement of children in family 3,380
foster homes; 3,381
(c) Provides adoption services in conjunction with a 3,383
public children services agency or private child placing agency. 3,384
(49) "Treatment foster home" means a family foster home 3,386
that incorporates special psychological or medical treatment 3,387
designed to care for the specific needs of the children received 3,388
77
in the family foster home and that receives and cares for 3,389
children who are emotionally or behaviorally disturbed, medically 3,390
fragile and require special medical treatment due to physical 3,391
ailment or condition, or mentally retarded or developmentally 3,392
disabled. 3,393
(50) "Babysitting care" means care provided for a child 3,395
while the parents, guardian, or legal custodian of the child are 3,396
temporarily away. 3,397
(53) "Mental injury" means any behavioral, cognitive, 3,399
emotional, or mental disorder in a child caused by an act or 3,400
omission that is described in section 2919.22 of the Revised Code 3,401
and is committed by the parent or other person responsible for 3,403
the child's care.
(54) "Physically impaired" means having one or more of the 3,406
following conditions that substantially limit one or more of an 3,407
individual's major life activities, including self-care,
receptive and expressive language, learning, mobility, and 3,408
self-direction:
(a) A substantial impairment of vision, speech, or 3,410
hearing;
(b) A congenital orthopedic impairment; 3,412
(c) An orthopedic impairment caused by disease, rheumatic 3,415
fever or any other similar chronic or acute health problem, or 3,416
amputation or another similar cause.
(55) "Secure correctional facility" means a facility under 3,419
the direction of the department of youth services that is
designed to physically restrict the movement and activities of 3,420
children and used for the placement of children after 3,421
adjudication and disposition.
(46) "TEMPORARY CUSTODY" MEANS LEGAL CUSTODY OF A CHILD 3,423
WHO IS REMOVED FROM THE CHILD'S HOME, WHICH CUSTODY MAY BE 3,424
TERMINATED AT ANY TIME AT THE DISCRETION OF THE COURT OR, IF THE 3,426
LEGAL CUSTODY IS GRANTED IN AN AGREEMENT FOR TEMPORARY CUSTODY, 3,427
BY THE PERSON WHO EXECUTED THE AGREEMENT. 3,428
78
Sec. 2151.10. The juvenile judge shall annually submit a 3,437
written request for an appropriation to the board of county 3,438
commissioners that shall set forth estimated administrative 3,439
expenses of the juvenile court that the judge considers 3,440
reasonably necessary for the operation of the court, including 3,441
reasonably necessary expenses of the judge and such officers and 3,442
employees as he THE JUDGE may designate in attending conferences 3,443
at which juvenile or welfare problems are discussed, and such sum 3,445
each year as will provide for the maintenance and operation of 3,446
the detention home, the care, maintenance, education, and support 3,447
of neglected, abused, dependent, and delinquent children, other 3,448
than children entitled ELIGIBLE to aid PARTICIPATE IN THE OHIO 3,450
WORKS FIRST PROGRAM ESTABLISHED under sections 5107.01 to 5107.16 3,451
CHAPTER 5107. of the Revised Code, and for necessary orthopedic, 3,452
surgical, and medical treatment, and special care as may be 3,453
ordered by the court for any neglected, abused, dependent, or 3,454
delinquent children. The board shall conduct a public hearing 3,455
with respect to the written request submitted by the judge and 3,456
shall appropriate such sum of money each year as it determines, 3,457
after conducting the public hearing and considering the written 3,458
request of the judge, is reasonably necessary to meet all the 3,459
administrative expenses of the court. All disbursements from 3,460
such appropriations shall be upon specifically itemized vouchers, 3,461
certified to by the judge.
If the judge considers the appropriation made by the board 3,463
pursuant to this section insufficient to meet all the 3,464
administrative expenses of the court, he THE JUDGE shall commence 3,466
an action under Chapter 2731. of the Revised Code in the court of 3,467
appeals for the judicial district for a determination of the duty 3,468
of the board of county commissioners to appropriate the amount of 3,469
money in dispute. The court of appeals shall give priority to the 3,470
action filed by the juvenile judge over all cases pending on its 3,471
docket. The burden shall be on the juvenile judge to prove that 3,472
the appropriation requested is reasonably necessary to meet all 3,473
79
administrative expenses of the court. If, prior to the filing of 3,474
an action under Chapter 2731. of the Revised Code or during the 3,475
pendency of the action, the judge exercises his THE JUDGE'S 3,476
contempt power in order to obtain the sum of money in dispute, he 3,478
THE JUDGE shall not order the imprisonment of any member of the 3,480
board of county commissioners notwithstanding sections 2705.02 to 3,481
2705.06 of the Revised Code. 3,482
Sec. 2151.31. (A) A child may be taken into custody in 3,491
any of the following ways: 3,492
(1) Pursuant to an order of the court under this chapter; 3,494
(2) Pursuant to the laws of arrest; 3,496
(3) By a law enforcement officer or duly authorized 3,498
officer of the court when any of the following conditions are 3,499
present: 3,500
(a) There are reasonable grounds to believe that the child 3,502
is suffering from illness or injury and is not receiving proper 3,503
care, as described in section 2151.03 of the Revised Code, and 3,504
his THE CHILD'S removal is necessary to prevent immediate or 3,505
threatened physical or emotional harm; 3,507
(b) There are reasonable grounds to believe that the child 3,509
is in immediate danger from his THE CHILD'S surroundings and that 3,511
his THE CHILD'S removal is necessary to prevent immediate or 3,512
threatened physical or emotional harm; 3,513
(c) There are reasonable grounds to believe that a parent, 3,515
guardian, custodian, or other household member of the child's 3,516
household has abused or neglected another child in the household 3,517
and to believe that the child is in danger of immediate or 3,518
threatened physical or emotional harm from that person. 3,519
(4) By an enforcement official, as defined in section 3,521
4109.01 of the Revised Code, under the circumstances set forth in 3,522
section 4109.08 of the Revised Code; 3,523
(5) By a law enforcement officer or duly authorized 3,525
officer of the court when there are reasonable grounds to believe 3,526
that the child has run away from his THE CHILD'S parents, 3,527
80
guardian, or other custodian; 3,529
(6) By a law enforcement officer or duly authorized 3,531
officer of the court when any of the following apply: 3,532
(a) There are reasonable grounds to believe that the 3,534
conduct, conditions, or surroundings of the child are endangering 3,535
the health, welfare, or safety of the child; 3,536
(b) A complaint has been filed with respect to the child 3,538
under section 2151.27 of the Revised Code and there are 3,539
reasonable grounds to believe that the child may abscond or be 3,540
removed from the jurisdiction of the court; 3,541
(c) The child is required to appear in court and there are 3,543
reasonable grounds to believe that the child will not be brought 3,544
before the court when required. 3,545
(B)(1) The taking of a child into custody is not and shall 3,547
not be deemed an arrest except for the purpose of determining its 3,548
validity under the constitution of this state or of the United 3,549
States. 3,550
(2) Except as provided in division (C) of section 2151.311 3,552
of the Revised Code, a child taken into custody shall not be held 3,553
in any state correctional institution, county, multicounty, or 3,555
municipal jail or workhouse, or any other place where any adult 3,556
convicted of crime, under arrest, or charged with crime is held. 3,557
(C) A child taken into custody shall not be confined in a 3,559
place of juvenile detention or placed in shelter care prior to 3,560
the implementation of the court's final order of disposition, 3,561
unless his detention or shelter care is required to protect the 3,562
child from immediate or threatened physical or emotional harm, 3,563
because the child may abscond or be removed from the jurisdiction 3,564
of the court, because the child has no parents, guardian, or 3,565
custodian or other person able to provide supervision and care 3,566
for him THE CHILD and return him THE CHILD to the court when 3,568
required, or because an order for placement of the child in 3,569
detention or shelter care has been made by the court pursuant to 3,570
this chapter.
81
(D) Upon receipt of notice from a person that the person 3,572
intends to take an alleged abused, neglected, or dependent child 3,573
into custody pursuant to division (A)(3) of this section, a 3,574
juvenile judge or a designated referee may grant by telephone an 3,575
ex parte emergency order authorizing the taking of the child into 3,576
custody if there is probable cause to believe that any of the 3,577
conditions set forth in divisions (A)(3)(a) to (c) of this 3,578
section are present. The judge or referee shall journalize any 3,579
ex parte emergency order issued pursuant to this division. If an 3,580
order is issued pursuant to this division and the child is taken 3,581
into custody pursuant to the order, a sworn complaint shall be 3,582
filed with respect to the child before the end of the next 3,583
business day after the day on which the child is taken into 3,584
custody and a hearing shall be held pursuant to division (E) of 3,585
this section and the Juvenile Rules. A juvenile judge or referee 3,586
shall not grant an emergency order by telephone pursuant to this 3,587
division until after he THE JUDGE OR REFEREE determines that 3,588
reasonable efforts have been made to notify the parents, 3,590
guardian, or custodian of the child that the child may be placed 3,591
into shelter care and of the reasons for placing the child into 3,592
shelter care, except that, if the requirement for notification 3,593
would jeopardize the physical or emotional safety of the child or 3,594
result in the child being removed from the court's jurisdiction, 3,595
the judge or referee may issue the order for taking the child 3,596
into custody and placing the child into shelter care prior to 3,597
giving notice to the parents, guardian, or custodian of the 3,598
child.
(E) If a judge or referee pursuant to division (D) of this 3,600
section issues an ex parte emergency order for taking a child 3,601
into custody, the court shall hold a hearing to determine whether 3,602
there is probable cause for the emergency order. The hearing 3,603
shall be held before the end of the next business day after the 3,604
day on which the emergency order is issued, except that it shall 3,605
not be held later than seventy-two hours after the emergency 3,606
82
order is issued. 3,607
If the court determines at the hearing that there is not 3,609
probable cause for the issuance of the emergency order issued 3,610
pursuant to division (D) of this section, it shall order the 3,611
child released to the custody of his THE CHILD'S parents, 3,612
guardian, or custodian. If the court determines at the hearing 3,614
that there is probable cause for the issuance of the emergency 3,615
order issued pursuant to division (D) of this section, the court 3,616
shall do all of the following: 3,617
(1) Ensure that a complaint is filed or has been filed; 3,619
(2) Hold a hearing pursuant to section 2151.314 of the 3,621
Revised Code to determine if the child should remain in shelter 3,622
care; 3,623
(3) At the hearing held pursuant to section 2151.314 of 3,625
the Revised Code, make the determination and issue the written 3,626
finding of facts required by section 2151.419 of the Revised 3,627
Code. 3,628
(F) If the court determines at the hearing held pursuant 3,630
to division (E) of this section that there is probable cause to 3,631
believe that the child is an abused child, as defined in division 3,632
(A) of section 2151.031 of the Revised Code, the court may do any 3,633
of the following: 3,634
(1) Upon the motion of any party, the guardian ad litem, 3,636
the prosecuting attorney, or an employee of the PUBLIC children 3,637
services board or the county department of human services 3,639
exercising the children services function AGENCY, or its own 3,640
motion, issue reasonable protective orders with respect to the 3,642
interviewing or deposition of the child; 3,643
(2) Order that the child's testimony be videotaped for 3,645
preservation of the testimony for possible use in any other 3,646
proceedings in the case; 3,647
(3) Set any additional conditions with respect to the 3,649
child or the case involving the child that are in the best 3,650
interest of the child. 3,651
83
(G) This section is not intended, and shall not be 3,653
construed, to prevent any person from taking a child into 3,654
custody, if taking the child into custody is necessary in an 3,655
emergency to prevent the physical injury, emotional harm, or 3,656
neglect of the child. 3,657
Sec. 2151.421. (A)(1)(a) No attorney, physician, 3,670
including a hospital intern or resident, dentist, podiatrist, 3,671
practitioner of a limited branch of medicine or surgery as 3,672
defined in section 4731.15 of the Revised Code, registered nurse, 3,673
licensed practical nurse, visiting nurse, other health care 3,674
professional, licensed psychologist, licensed school 3,675
psychologist, speech pathologist or audiologist, coroner, 3,676
administrator or employee of a child day-care center, 3,677
administrator or employee of a certified child care agency or 3,678
other public or private children services agency, school teacher, 3,679
school employee, school authority, person engaged in social work 3,680
or the practice of professional counseling, or person rendering
spiritual treatment through prayer in accordance with the tenets 3,681
of a well-recognized religion, PERSON LISTED IN DIVISION 3,683
(A)(1)(b) OF THIS SECTION who is acting in an official or 3,684
professional capacity and knows or suspects that a child under 3,685
eighteen years of age or a mentally retarded, developmentally 3,687
disabled, or physically impaired child under twenty-one years of 3,688
age has suffered or faces a threat of suffering any physical or 3,689
mental wound, injury, disability, or condition of a nature that 3,690
reasonably indicates abuse or neglect of the child, shall fail to 3,691
immediately report that knowledge or suspicion to the PUBLIC 3,693
children services board, the county department of human services 3,694
exercising the children services function, AGENCY or a municipal 3,695
or county peace officer in the county in which the child resides 3,696
or in which the abuse or neglect is occurring or has occurred. 3,697
(b) DIVISION (A)(1)(a) OF THIS SECTION APPLIES TO A PERSON 3,700
WHO IS AN ATTORNEY; PHYSICIAN, INCLUDING A HOSPITAL INTERN OR 3,702
RESIDENT; DENTIST; PODIATRIST; PRACTITIONER OF A LIMITED BRANCH 3,703
84
OF MEDICINE OR SURGERY AS DEFINED IN SECTION 4731.15 OF THE 3,704
REVISED CODE; REGISTERED NURSE; LICENSED PRACTICAL NURSE; 3,705
VISITING NURSE; OTHER HEALTH CARE PROFESSIONAL; LICENSED
PSYCHOLOGIST; LICENSED SCHOOL PSYCHOLOGIST; SPEECH PATHOLOGIST OR 3,706
AUDIOLOGIST; CORONER; ADMINISTRATOR OR EMPLOYEE OF A CHILD 3,707
DAY-CARE CENTER; ADMINISTRATOR OR EMPLOYEE OF A CERTIFIED CHILD 3,708
CARE AGENCY OR OTHER PUBLIC OR PRIVATE CHILDREN SERVICES AGENCY; 3,709
SCHOOL TEACHER; SCHOOL EMPLOYEE; SCHOOL AUTHORITY; PERSON ENGAGED 3,710
IN SOCIAL WORK OR THE PRACTICE OF PROFESSIONAL COUNSELING; OR 3,711
PERSON RENDERING SPIRITUAL TREATMENT THROUGH PRAYER IN ACCORDANCE 3,712
WITH THE TENETS OF A WELL-RECOGNIZED RELIGION. 3,713
(2) An attorney is not required to make a report pursuant 3,715
to division (A)(1) of this section concerning any communication 3,716
the attorney the attorney's a client the attorney receives from a 3,717
client in an attorney-client relationship, if, in accordance with 3,718
division (A) of section 2317.02 of the Revised Code, the attorney 3,720
could not testify with respect to that communication in a civil 3,721
or criminal proceeding, except that the client is deemed to have 3,722
waived any testimonial privilege under division (A) of section 3,723
2317.02 of the Revised Code with respect to that communication 3,724
and the attorney shall make a report pursuant to division (A)(1) 3,725
of this section with respect to that communication, if all of the 3,726
following apply:
(a) The client, at the time of the communication, is 3,728
either a child under eighteen years of age or a mentally 3,730
retarded, developmentally disabled, or physically impaired person 3,731
under twenty-one years of age. 3,732
(b) The attorney knows or suspects, as a result of the 3,734
communication or any observations made during that communication, 3,735
that the client has suffered or faces a threat of suffering any 3,736
physical or mental wound, injury, disability, or condition of a 3,737
nature that reasonably indicates abuse or neglect of the client. 3,738
(c) The attorney-client relationship does not arise out of 3,740
the client's attempt to have an abortion without the notification 3,741
85
of her parents, guardian, or custodian in accordance with section 3,742
2151.85 of the Revised Code. 3,743
(3) A physician is not required to make a report pursuant 3,745
to division (A)(1) of this section concerning any communication 3,746
the physician the physician's the patient the physician receives 3,747
from a patient in a physician-patient relationship, if, in 3,748
accordance with division (B) of section 2317.02 of the Revised 3,750
Code, the physician could not testify with respect to that 3,751
communication in a civil or criminal proceeding, except that the 3,752
patient is deemed to have waived any testimonial privilege under 3,753
division (B) of section 2317.02 of the Revised Code with respect 3,754
to that communication and the physician shall make a report 3,755
pursuant to division (A)(1) of this section with respect to that 3,756
communication, if all of the following apply:
(a) The patient, at the time of the communication, is 3,758
either a child under eighteen years of age or a mentally 3,760
retarded, developmentally disabled, or physically impaired person 3,761
under twenty-one years of age. 3,762
(b) The physician knows or suspects, as a result of the 3,764
communication or any observations made during that communication, 3,765
that the patient has suffered or faces a threat of suffering any 3,766
physical or mental wound, injury, disability, or condition of a 3,767
nature that reasonably indicates abuse or neglect of the patient. 3,768
(c) The physician-patient relationship does not arise out 3,770
of the patient's attempt to have an abortion without the 3,771
notification of her parents, guardian, or custodian in accordance 3,772
with section 2151.85 of the Revised Code. 3,773
(B) Anyone, who knows or suspects that a child under 3,775
eighteen years of age or a mentally retarded, developmentally 3,777
disabled, or physically impaired person under twenty-one years of 3,778
age has suffered or faces a threat of suffering any physical or 3,779
mental wound, injury, disability, or other condition of a nature 3,780
that reasonably indicates abuse or neglect of the child, may 3,781
report or cause reports to be made of that knowledge or suspicion 3,782
86
to the PUBLIC children services board, the county department of 3,784
human services exercising the children services function, AGENCY 3,785
or to a municipal or county peace officer. 3,787
(C) Any report made pursuant to division (A) or (B) of 3,789
this section shall be made forthwith either by telephone or in 3,790
person and shall be followed by a written report, if requested by 3,792
the receiving agency or officer. The written report shall
contain: 3,793
(1) The names and addresses of the child and the child's 3,795
parents or the person or persons having custody of the child, if 3,796
known;
(2) The child's age and the nature and extent of the 3,798
child's known or suspected injuries, abuse, or neglect or of the 3,799
known or suspected threat of injury, abuse, or neglect, including 3,800
any evidence of previous injuries, abuse, or neglect; 3,801
(3) Any other information that might be helpful in 3,803
establishing the cause of the known or suspected injury, abuse, 3,804
or neglect or of the known or suspected threat of injury, abuse, 3,805
or neglect. 3,806
Any person, who is required by division (A) of this section 3,808
to report known or suspected child abuse or child neglect, may 3,809
take or cause to be taken color photographs of areas of trauma 3,810
visible on a child and, if medically indicated, cause to be 3,811
performed radiological examinations of the child. 3,812
(D) Upon the receipt of a report concerning the possible 3,814
abuse or neglect of a child or the possible threat of abuse or 3,815
neglect of a child, the municipal or county peace officer who 3,816
receives the report shall refer the report to the appropriate 3,817
county department of human services or PUBLIC children services 3,818
board AGENCY. 3,819
(E) No township, municipal, or county peace officer shall 3,821
remove a child about whom a report is made pursuant to this 3,822
section from the child's parents, stepparents, or guardian or any 3,823
other persons having custody of the child without consultation 3,824
87
with the PUBLIC children services board or the county department 3,825
of human services exercising the children services function 3,826
AGENCY, unless, in the judgment of the reporting physician and 3,828
the officer, immediate removal is considered essential to protect 3,829
the child from further abuse or neglect. 3,830
(F)(1) The county department of human services or PUBLIC 3,832
children services board AGENCY shall investigate, within 3,834
twenty-four hours, each report of known or suspected child abuse 3,836
or child neglect and of a known or suspected threat of child 3,837
abuse or child neglect that is referred to it under this section 3,838
to determine the circumstances surrounding the injuries, abuse, 3,839
or neglect or the threat of injury, abuse, or neglect, the cause 3,840
of the injuries, abuse, neglect, or threat, and the person or 3,841
persons responsible. The investigation shall be made in 3,842
cooperation with the law enforcement agency and in accordance 3,843
with the plan of cooperation for the county adopted under 3,844
division (J) of this section. A failure to make the 3,845
investigation in accordance with the plan of cooperation is not 3,846
grounds for, and shall not result in, the dismissal of any 3,847
charges or complaint arising from the report or the suppression 3,848
of any evidence obtained as a result of the report and does not 3,849
give, and shall not be construed as giving, any rights or any 3,850
grounds for appeal or post-conviction relief to any person. The 3,851
county department of human services or PUBLIC children services 3,853
board AGENCY shall report each case to a central registry which 3,854
the state department of human services shall maintain in order to 3,855
determine whether prior reports have been made in other counties 3,856
concerning the child or other principals in the case. The 3,857
department or board PUBLIC CHILDREN SERVICES AGENCY shall submit 3,858
a report of its investigation, in writing to the law enforcement 3,860
agency.
(2) The county department of human services or PUBLIC 3,862
children services board AGENCY shall make any recommendations to 3,863
the county prosecuting attorney or city director of law that it 3,865
88
considers necessary to protect any children that are brought to 3,866
its attention. 3,867
(G)(1) Except as provided in division (H)(3) of this 3,869
section, anyone or any hospital, institution, school, health 3,870
department, or agency participating in the making of reports 3,871
under division (A) of this section, anyone or any hospital, 3,872
institution, school, health department, or agency participating 3,873
in good faith in the making of reports under division (B) of this 3,874
section, and anyone participating in good faith in a judicial 3,875
proceeding resulting from the reports, shall be immune from any 3,876
civil or criminal liability for injury, death, or loss to person 3,877
or property that otherwise might be incurred or imposed as a 3,878
result of the making of the reports or the participation in the 3,879
judicial proceeding. Notwithstanding section 4731.22 of the 3,880
Revised Code, the physician-patient privilege shall not be a 3,881
ground for excluding evidence regarding a child's injuries, 3,882
abuse, or neglect, or the cause of the injuries, abuse, or 3,883
neglect in any judicial proceeding resulting from a report 3,884
submitted pursuant to this section. 3,885
(2) In any civil or criminal action or proceeding in which 3,887
it is alleged and proved that participation in the making of a 3,888
report under this section was not in good faith or participation 3,889
in a judicial proceeding resulting from a report made under this 3,890
section was not in good faith, the court shall award the 3,891
prevailing party reasonable attorney's fees and costs and, if a 3,892
civil action or proceeding is voluntarily dismissed, may award 3,893
reasonable attorney's fees and costs to the party against whom 3,894
the civil action or proceeding is brought. 3,895
(H)(1) Except as provided in division (H)(4) of this 3,897
section, a report made under this section is confidential. The 3,899
information provided in a report made pursuant to this section 3,900
and the name of the person who made the report shall not be 3,901
released for use, and shall not be used, as evidence in any civil 3,902
action or proceeding brought against the person who made the 3,903
89
report. In a criminal proceeding, the report is admissible in 3,904
evidence in accordance with the Rules of Evidence and is subject 3,905
to discovery in accordance with the Rules of Criminal Procedure. 3,906
(2) No person shall permit or encourage the unauthorized 3,908
dissemination of the contents of any report made under this 3,909
section. 3,910
(3) A person who knowingly makes or causes another person 3,912
to make a false report under division (B) of this section that 3,913
alleges that any person has committed an act or omission that 3,914
resulted in a child being an abused child or a neglected child is 3,915
guilty of a violation of section 2921.14 of the Revised Code. 3,916
(4) A public children services agency shall advise a 3,919
person alleged to have inflicted abuse or neglect on a child who 3,920
is the subject of a report made pursuant to this section of the
disposition of the investigation. The agency shall not provide 3,921
to the person a statement of the allegations, statements of 3,922
witnesses, or police or other investigative reports. 3,923
(I) Any report that is required by this section shall 3,925
result in protective services and emergency supportive services 3,926
being made available by the county department of human services 3,927
or PUBLIC children services board AGENCY on behalf of the 3,929
children about whom the report is made, in an effort to prevent 3,930
further neglect or abuse, to enhance their welfare, and, whenever 3,931
possible, to preserve the family unit intact. 3,932
(J) There shall be placed on file with the juvenile court 3,934
in each county and the department of human services an initial 3,935
plan of cooperation jointly prepared and subscribed to by a 3,936
committee consisting of the presiding judge of the court of 3,937
common pleas of the county or a the presiding judge's 3,938
representative; if there is only one juvenile judge in the 3,940
county, the juvenile judge of the county or a the juvenile 3,941
judge's representative; if there is more than one juvenile judge 3,943
in the county, a juvenile judge or a the judge's JUVENILE JUDGES' 3,944
representative selected by the juvenile judges or, if they are 3,945
90
unable to do so for any reason, the juvenile judge who is senior 3,946
in point of service or a the senior juvenile judge's 3,947
representative; the county peace officer; all chief municipal 3,949
peace officers within the county; all chief township peace 3,950
officers within the county; the prosecuting attorney of the 3,951
county; the director of law of each city within the county; the 3,952
village solicitor of each village within the county; and the 3,953
PUBLIC children services board or county department of human 3,955
services exercising the children services function AGENCY as
convened by the county director of human services. The plan 3,956
shall set forth the normal operating procedure to be employed by 3,957
all concerned officials in the execution of their respective 3,958
responsibilities under this section and division (C) of section 3,959
2919.21, division (B)(1) of section 2919.22, division (B) of 3,960
section 2919.23, and section 2919.24 of the Revised Code and 3,961
shall have as two of its primary goals the elimination of all 3,962
unnecessary interviews of children who are the subject of reports 3,963
made pursuant to division (A) or (B) of this section and, when 3,964
feasible, providing for only one interview of a child who is the 3,965
subject of any report made pursuant to division (A) or (B) of 3,966
this section. A failure to follow the procedure set forth in the 3,967
plan in the execution of those responsibilities by the concerned 3,968
officials is not grounds for, and shall not result in, the 3,969
dismissal of any charges or complaint arising from any reported 3,970
case of abuse or neglect or the suppression of any evidence 3,971
obtained as a result of any reported child abuse or child neglect 3,972
and does not give, and shall not be construed as giving, any 3,973
rights or any grounds for appeal or post-conviction relief to any 3,974
person. The plan shall include all of the following: 3,975
(1) A system for cross-referral of reported cases of abuse 3,977
and neglect as necessary; 3,978
(2) Standards and procedures to be used in handling and 3,980
coordinating investigations of reported cases of child abuse and 3,981
reported cases of child neglect, methods to be used in 3,982
91
interviewing the child who is the subject of the report and who 3,983
allegedly was abused or neglected, standards and procedures 3,984
addressing the categories of persons who may interview the child 3,985
who is the subject of the report and who allegedly was abused or 3,986
neglected, standards and procedures governing the making of a 3,987
videotape of any interview if an interview is videotaped, a 3,988
system for sharing the information obtained as a result of any 3,989
interview and any videotape made of it, and a system for reducing 3,990
the number of times that the child who is the subject of the 3,991
report and who allegedly was abused or neglected is interviewed; 3,992
(3) Any other standards, procedures, or systems that the 3,994
committee believes may minimize damage and trauma to the child 3,995
who is the subject of a reported case of child abuse or child 3,996
neglect; 3,997
(4) The name and title of the official directly 3,999
responsible for making reports to the central registry. 4,000
(K)(1) the person of receiving A person who is required to 4,002
make a report pursuant to division (A) of this section the person 4,003
making the report the person's the person of making the person's 4,004
the person making the report may make a reasonable number of 4,006
requests of the county department of human services or PUBLIC 4,007
children services board AGENCY that receives or is referred the 4,009
report to the person making the report be provided with the 4,010
following information:
(a) Whether the department or board AGENCY has initiated 4,012
an investigation of the report; 4,013
(b) Whether the department or board AGENCY is continuing 4,015
to investigate the report; 4,016
(c) Whether the department or board AGENCY is otherwise 4,018
involved with the child who is the subject of the report; 4,020
(d) The general status of the health and safety of the 4,022
child who is the subject of the report; 4,023
(e) Whether the report has resulted in the filing of a 4,025
complaint in juvenile court or of criminal charges in another 4,026
92
court. 4,027
(2) A person may request the information specified in 4,029
division (K)(1) of this section only if, at the time the report 4,030
is made, the person's name, address, and telephone number are 4,031
provided to the person who receives the report.
When a municipal or county peace officer or employee of a 4,033
county department of human services or PUBLIC children services 4,034
board AGENCY receives a report pursuant to division (A) or (B) of 4,037
this section the recipient of the report shall inform the person
of the right to request the information described in division 4,039
(K)(1) of this section. The recipient of the report shall 4,040
include in the initial child abuse or child neglect report that 4,041
the person making the report was so informed and, if provided at 4,042
the time of the making of the report, shall include the person's 4,043
name, address, and telephone number in the report.
the person's the person of making the person 4,045
Each request is subject to verification of the identity the 4,047
that person's the person of making of the person making the 4,048
report. If that person's identity is verified, the department or 4,049
board shall provide the person with the information described in 4,050
division (K)(1) of this section a reasonable number of times, 4,051
except that the department or board AGENCY shall not disclose any 4,052
confidential information regarding the child who is the subject 4,053
of the report other than the information described in those 4,054
divisions.
(3) A request made pursuant to division (K)(1) of this 4,056
section is not a substitute for any report required to be made 4,057
pursuant to division (A) of this section. 4,058
(L) The department of human services shall exercise 4,060
rule-making authority under Chapter 119. of the Revised Code to 4,061
aid in the implementation of this section. The department may 4,063
enter into a plan of cooperation with any other governmental 4,065
entity to aid in ensuring that children are protected from abuse 4,066
and neglect. The department shall make recommendations to the 4,067
93
attorney general that the department determines are necessary to 4,068
protect children from child abuse and child neglect. 4,069
(M) No later than the end of the day following the day on 4,072
which a PUBLIC children services board or county department of 4,074
human services exercising the children services function AGENCY 4,075
receives a report of alleged child abuse or child neglect, or a 4,076
report of an alleged threat of child abuse or child neglect, that 4,077
allegedly occurred in or involved an out-of-home care entity, the 4,078
board or department AGENCY shall provide written notice of the 4,080
allegations contained in and the person named as the alleged
perpetrator in the report to the administrator, director, or 4,081
other chief administrative officer of the out-of-home care entity 4,082
that is the subject of the report unless the administrator, 4,083
director, or other chief administrative officer is named as an 4,084
alleged perpetrator in the report. If the administrator, 4,085
director, or other chief administrative officer of an out-of-home 4,086
care entity is named as an alleged perpetrator in a report of 4,087
alleged child abuse or child neglect, or a report of an alleged 4,088
threat of child abuse or child neglect, that allegedly occurred 4,089
in or involved the out-of-home care entity, the board or 4,090
department AGENCY shall provide the written notice to the owner 4,092
or governing board of the out-of-home care entity that is the 4,093
subject of the report. The board or department AGENCY shall not 4,094
provide witness statements or police or other investigative 4,095
reports.
(N) No later than three days after the day on which a 4,098
PUBLIC children services board or county department of human
services exercising the children services function AGENCY makes a 4,099
disposition of an investigation involving a report of alleged 4,100
child abuse or child neglect, or a report of an alleged threat of 4,101
child abuse or child neglect, that allegedly occurred in or 4,102
involved an out-of-home care entity, the board or department 4,103
AGENCY shall provide written notice of the disposition of the 4,105
investigation to the administrator, director, or other chief 4,106
94
administrative officer and the owner or governing board of the 4,107
out-of-home care entity. The board or department AGENCY shall 4,108
not provide witness statements or police or other investigative 4,110
reports.
Sec. 2301.03. (A) In Franklin county, the judges of the 4,120
court of common pleas whose terms begin on January 1, 1953, 4,121
January 2, 1953, January 5, 1969, January 5, 1977, and January 2, 4,122
1997, and successors, shall have the same qualifications, 4,123
exercise the same powers and jurisdiction, and receive the same 4,124
compensation as other judges of the court of common pleas of 4,125
Franklin county and shall be elected and designated as judges of 4,126
the court of common pleas, division of domestic relations. They 4,127
shall have all the powers relating to juvenile courts, and all 4,128
cases under Chapter 2151. of the Revised Code, all parentage 4,129
proceedings under Chapter 3111. of the Revised Code over which 4,130
the juvenile court has jurisdiction, and all divorce, dissolution 4,131
of marriage, legal separation, and annulment cases shall be 4,132
assigned to them. In addition to the judge's regular duties, the 4,133
judge who is senior in point of service shall serve on the 4,135
children services board and the county advisory board and shall 4,136
be the administrator of the domestic relations division and its 4,137
subdivisions and departments.
(B)(1) In Hamilton county, the judge of the court of 4,139
common pleas, whose term begins on January 1, 1957, and 4,140
successors, and the judge of the court of common pleas, whose 4,141
term begins on February 14, 1967, and successors, shall be the 4,142
juvenile judges as provided in Chapter 2151. of the Revised Code, 4,143
with the powers and jurisdiction conferred by that chapter. 4,144
(2) The judges of the court of common pleas whose terms 4,146
begin on January 5, 1957, January 16, 1981, and July 1, 1991, and 4,147
successors, shall be elected and designated as judges of the 4,148
court of common pleas, division of domestic relations, and shall 4,149
have assigned to them all divorce, dissolution of marriage, legal 4,150
separation, and annulment cases coming before the court. On or 4,151
95
after the first day of July and before the first day of August of 4,152
1991 and each year thereafter, a majority of the judges of the 4,153
division of domestic relations shall elect one of the judges of 4,154
the division as administrative judge of that division. If a 4,155
majority of the judges of the division of domestic relations are 4,156
unable for any reason to elect an administrative judge for the 4,158
division before the first day of August, a majority of the judges 4,159
of the Hamilton county court of common pleas, as soon as possible 4,160
after that date, shall elect one of the judges of the division of 4,161
domestic relations as administrative judge of that division. The 4,162
term of the administrative judge shall begin on the earlier of 4,163
the first day of August of the year in which the administrative 4,164
judge is elected or the date on which the administrative judge is 4,166
elected by a majority of the judges of the Hamilton county court 4,169
of common pleas and shall terminate on the date on which the 4,170
administrative judge's successor is elected in the following 4,171
year. 4,172
In addition to the judge's regular duties, the 4,174
administrative judge of the division of domestic relations shall 4,176
be the administrator of the domestic relations division and its 4,177
subdivisions and departments and shall have charge of the 4,178
employment, assignment, and supervision of the personnel of the 4,179
division engaged in handling, servicing, or investigating 4,180
divorce, dissolution of marriage, legal separation, and annulment 4,181
cases, including any referees considered necessary by the judges 4,182
in the discharge of their various duties. 4,183
The administrative judge of the division of domestic 4,185
relations also shall designate the title, compensation, expense 4,186
allowances, hours, leaves of absence, and vacations of the 4,187
personnel of the division, and shall fix the duties of its 4,188
personnel. The duties of the personnel, in addition to those 4,189
provided for in other sections of the Revised Code, shall include 4,190
the handling, servicing, and investigation of divorce, 4,191
dissolution of marriage, legal separation, and annulment cases 4,192
96
and counseling and conciliation services that may be made 4,193
available to persons requesting them, whether or not the persons 4,194
are parties to an action pending in the division. 4,195
The board of county commissioners shall appropriate the sum 4,197
of money each year as will meet all the administrative expenses 4,198
of the division of domestic relations, including reasonable 4,199
expenses of the domestic relations judges and the division 4,200
counselors and other employees designated to conduct the 4,201
handling, servicing, and investigation of divorce, dissolution of 4,202
marriage, legal separation, and annulment cases, conciliation and 4,203
counseling, and all matters relating to those cases and 4,204
counseling, and the expenses involved in the attendance of 4,205
division personnel at domestic relations and welfare conferences 4,206
designated by the division, and the further sum each year as will 4,207
provide for the adequate operation of the division of domestic 4,208
relations. 4,209
The compensation and expenses of all employees and the 4,211
salary and expenses of the judges shall be paid by the county 4,212
treasurer from the money appropriated for the operation of the 4,213
division, upon the warrant of the county auditor, certified to by 4,214
the administrative judge of the division of domestic relations. 4,215
The summonses, warrants, citations, subpoenas, and other 4,217
writs of the division may issue to a bailiff, constable, or staff 4,218
investigator of the division or to the sheriff of any county or 4,219
any marshal, constable, or police officer, and the provisions of 4,220
law relating to the subpoenaing of witnesses in other cases shall 4,221
apply insofar as they are applicable. When a summons, warrant, 4,222
citation, subpoena, or other writ is issued to an officer, other 4,223
than a bailiff, constable, or staff investigator of the division, 4,224
the expense of serving it shall be assessed as a part of the 4,225
costs in the case involved. 4,226
(3) The judge of the court of common pleas of Hamilton 4,229
County whose term begins on January 3, 1997, shall be elected and 4,230
designated for one term only as the drug court judge of the court 4,231
97
of common pleas of Hamilton County, and the successors to that 4,233
judge shall be elected and designated as judges of the general 4,234
division of the court of common pleas of Hamilton county and 4,235
shall not have the authority granted by division (B)(3) of this 4,236
section. The drug court judge may accept or reject any case 4,237
referred to the drug court judge under division (B)(3) of this 4,238
section. After the drug court judge accepts a referred case, the 4,239
drug court judge has full authority over the case, including the 4,240
authority to conduct arraignment, accept pleas, enter findings 4,241
and dispositions, conduct trials, order treatment, and if 4,242
treatment is not successfully completed pronounce and enter 4,243
sentence.
A judge of the general division of the court of common 4,245
pleas of Hamilton County and a judge of the Hamilton County 4,247
municipal court may refer to the drug court judge any case, and 4,248
any companion cases, the judge determines meet the criteria 4,249
described under divisions (B)(3)(a) and (b) of this section. If 4,251
the drug court judge accepts referral of a referred case, the 4,252
case, and any companion cases, shall be transferred to the drug 4,254
court judge. A judge may refer a case meeting the criteria
described in divisions (B)(3)(a) and (b) of this section that 4,256
involves a violation of a term of probation to the drug court 4,257
judge, and, if the drug court judge accepts the referral, the 4,259
referring judge and the drug court judge have concurrent 4,260
jurisdiction over the case.
A judge of the general division of the court of common 4,262
pleas of Hamilton County and a judge of the Hamilton County 4,263
municipal court may refer a case to the drug court judge under 4,264
division (B)(3) of this section if the judge determines that both 4,265
of the following apply:
(a) One of the following applies: 4,267
(i) The case involves a drug abuse offense, as defined in 4,269
section 2925.01 of the Revised Code, that is a felony of the 4,271
third or fourth degree if the offense is committed prior to July 4,272
98
1, 1996, a felony of the third, fourth, or fifth degree if the 4,273
offense is committed on or after July 1, 1996, or a misdemeanor. 4,274
(ii) The case involves a theft offense, as defined in 4,276
section 2913.01 of the Revised Code, that is a felony of the 4,278
third or fourth degree if the offense is committed prior to July 4,279
1, 1996, a felony of the third, fourth, or fifth degree if the 4,280
offense is committed on or after July 1, 1996, or a misdemeanor, 4,281
and the defendant is drug or alcohol dependent or in danger of 4,282
becoming drug or alcohol dependent and would benefit from 4,283
treatment.
(b) All of the following apply: 4,285
(i) The case involves a probationable offense or a case in 4,287
which a mandatory prison term is not required to be imposed. 4,288
(ii) The defendant has no history of violent behavior. 4,290
(iii) The defendant has no history of mental illness. 4,292
(iv) The defendant's current or past behavior, or both, is 4,294
drug or alcohol driven. 4,295
(v) The defendant demonstrates a sincere willingness to 4,297
participate in a fifteen-month treatment process. 4,298
(vi) The defendant has no acute health condition. 4,300
(vii) If the defendant is incarcerated, the county 4,302
prosecutor approves of the referral. 4,303
(4) If the administrative judge of the court of common 4,305
pleas of Hamilton county determines that the volume of cases 4,306
pending before the drug court judge does not constitute a 4,307
sufficient caseload for the drug court judge, the administrative 4,308
judge, in accordance with the Rules of Superintendance 4,309
SUPERINTENDENCE for Courts of Common Pleas, shall assign 4,310
individual cases to the drug court judge from the general docket 4,311
of the court. If the assignments so occur, the administrative
judge shall cease the assignments when the administrative judge 4,312
determines that the volume of cases pending before the drug court 4,313
judge constitutes a sufficient caseload for the drug court judge. 4,314
(C) In Lorain county, the judges of the court of common 4,316
99
pleas whose terms begin on January 3, 1959, and January 4, 1989, 4,317
and successors, shall have the same qualifications, exercise the 4,318
same powers and jurisdiction, and receive the same compensation 4,319
as the other judges of the court of common pleas of Lorain county 4,320
and shall be elected and designated as the judges of the court of 4,321
common pleas, division of domestic relations. They shall have 4,322
all of the powers relating to juvenile courts, and all cases 4,323
under Chapter 2151. of the Revised Code, all parentage 4,324
proceedings over which the juvenile court has jurisdiction, and 4,325
all divorce, dissolution of marriage, legal separation, and 4,326
annulment cases shall be assigned to them, except in any cases 4,327
that for some special reason are assigned to some other judge of 4,328
the court of common pleas. 4,329
(D)(1) In Lucas county, the judges of the court of common 4,331
pleas whose terms begin on January 1, 1955, and January 3, 1965, 4,332
and successors, shall have the same qualifications, exercise the 4,333
same powers and jurisdiction, and receive the same compensation 4,334
as other judges of the court of common pleas of Lucas county and 4,335
shall be elected and designated as judges of the court of common 4,336
pleas, division of domestic relations. All divorce, dissolution 4,337
of marriage, legal separation, and annulment cases shall be 4,338
assigned to them. 4,339
The judge of the division of domestic relations, senior in 4,341
point of service, shall be considered as the presiding judge of 4,342
the court of common pleas, division of domestic relations, and 4,343
shall be charged exclusively with the assignment and division of 4,344
the work of the division and the employment and supervision of 4,345
all other personnel of the domestic relations division. 4,346
(2) The judges of the court of common pleas whose terms 4,348
begin on January 5, 1977, and January 2, 1991, and successors 4,349
shall have the same qualifications, exercise the same powers and 4,350
jurisdiction, and receive the same compensation as other judges 4,351
of the court of common pleas of Lucas county, shall be elected 4,352
and designated as judges of the court of common pleas, juvenile 4,353
100
division, and shall be the juvenile judges as provided in Chapter 4,354
2151. of the Revised Code with the powers and jurisdictions 4,355
conferred by that chapter. In addition to the judge's regular 4,357
duties, the judge of the court of common pleas, juvenile 4,358
division, senior in point of service, shall be the administrator 4,359
of the juvenile division and its subdivisions and departments and 4,360
shall have charge of the employment, assignment, and supervision 4,361
of the personnel of the division engaged in handling, servicing, 4,362
or investigating juvenile cases, including any referees 4,363
considered necessary by the judges of the division in the 4,364
discharge of their various duties. 4,365
The judge of the court of common pleas, juvenile division, 4,367
senior in point of service, also shall designate the title, 4,368
compensation, expense allowance, hours, leaves of absence, and 4,369
vacation of the personnel of the division and shall fix the 4,370
duties of the personnel of the division. The duties of the 4,371
personnel, in addition to other statutory duties include the 4,372
handling, servicing, and investigation of juvenile cases and 4,373
counseling and conciliation services that may be made available 4,374
to persons requesting them, whether or not the persons are 4,375
parties to an action pending in the division. 4,376
(3) If one of the judges of the court of common pleas, 4,378
division of domestic relations, or one of the judges of the 4,379
juvenile division is sick, absent, or unable to perform that the 4,380
judge's judicial duties or the volume of cases pending in that 4,382
judge's division necessitates it, the duties shall be performed 4,383
by the judges of the other of those divisions. 4,385
(E)(1) In Mahoning county, the judge of the court of 4,387
common pleas whose term began on January 1, 1955, and successors, 4,388
shall have the same qualifications, exercise the same powers and 4,389
jurisdiction, and receive the same compensation as other judges 4,390
of the court of common pleas of Mahoning county, shall be elected 4,391
and designated as judge of the court of common pleas, division of 4,392
domestic relations, and shall be assigned all the divorce, 4,395
101
dissolution of marriage, legal separation, and annulment cases 4,396
coming before the court. In addition to the judge's regular 4,397
duties, the judge of the court of common pleas, division of
domestic relations, shall be the administrator of the domestic 4,398
relations division and its subdivisions and departments and shall 4,399
have charge of the employment, assignment, and supervision of the 4,400
personnel of the division engaged in handling, servicing, or 4,401
investigating divorce, dissolution of marriage, legal separation, 4,402
and annulment cases, including any referees considered necessary 4,403
in the discharge of the various duties of the judge's office. 4,405
The judge also shall designate the title, compensation, 4,407
expense allowances, hours, leaves of absence, and vacations of 4,408
the personnel of the division and shall fix the duties of the 4,409
personnel of the division. The duties of the personnel, in 4,410
addition to other statutory duties, include the handling, 4,411
servicing, and investigation of divorce, dissolution of marriage, 4,412
legal separation, and annulment cases and counseling and 4,413
conciliation services that may be made available to persons 4,414
requesting them, whether or not the persons are parties to an 4,415
action pending in the division. 4,416
(2) The judge of the court of common pleas whose term 4,418
began on January 2, 1969, and successors, shall have the same 4,419
qualifications, exercise the same powers and jurisdiction, and 4,420
receive the same compensation as other judges of the court of 4,421
common pleas of Mahoning county, shall be elected and designated 4,422
as judge of court of common pleas, juvenile division, and shall 4,423
be the juvenile judge as provided in Chapter 2151. of the Revised 4,424
Code, with the powers and jurisdictions conferred by that 4,425
chapter. In addition to the judge's regular duties, the judge of 4,427
the court of common pleas, juvenile division, shall be the 4,428
administrator of the juvenile division and its subdivisions and 4,429
departments and shall have charge of the employment, assignment, 4,430
and supervision of the personnel of the division engaged in 4,431
handling, servicing, or investigating juvenile cases, including 4,432
102
any referees considered necessary by the judge in the discharge 4,433
of the judge's various duties. 4,434
The judge also shall designate the title, compensation, 4,436
expense allowances, hours, leaves of absence, and vacation of the 4,437
personnel of the division and shall fix the duties of the 4,438
personnel of the division. The duties of the personnel, in 4,439
addition to other statutory duties, include the handling, 4,440
servicing, and investigation of juvenile cases and counseling and 4,441
conciliation services that may be made available to persons 4,442
requesting them, whether or not the persons are parties to an 4,443
action pending in the division. 4,444
(3) If a judge of the court of common pleas, division of 4,446
domestic relations or juvenile division, is sick, absent, or 4,447
unable to perform that judge's judicial duties, or the volume of 4,449
cases pending in that judge's division necessitates it, that the 4,451
judge's duties shall be performed by another judge of the court 4,452
of common pleas.
(F)(1) In Montgomery county, the judges of the court of 4,454
common pleas whose terms begin on January 2, 1953, and January 4, 4,455
1977, and successors, shall have the same qualifications, 4,456
exercise the same powers and jurisdiction, and receive the same 4,457
compensation as other judges of the court of common pleas of 4,458
Montgomery county and shall be elected and designated as judges 4,459
of the court of common pleas, division of domestic relations. 4,460
These judges shall have assigned to them all divorce, dissolution 4,461
of marriage, legal separation, and annulment cases. 4,462
The judge of the division of domestic relations, senior in 4,464
point of service, shall be charged exclusively with the 4,465
assignment and division of the work of the division and shall 4,466
have charge of the employment and supervision of the personnel of 4,467
the division engaged in handling, servicing, or investigating 4,468
divorce, dissolution of marriage, legal separation, and annulment 4,469
cases, including any necessary referees, except those employees 4,470
who may be appointed by the judge, junior in point of service, 4,471
103
under this section and sections 2301.12, 2301.18, and 2301.19 of 4,472
the Revised Code. The judge of the division of domestic 4,473
relations, senior in point of service, also shall designate the 4,474
title, compensation, expense allowances, hours, leaves of 4,475
absence, and vacation of the personnel of the division and shall 4,476
fix their duties. 4,477
(2) The judges of the court of common pleas whose terms 4,479
begin on January 1, 1953, and January 1, 1993, and successors, 4,480
shall have the same qualifications, exercise the same powers and 4,481
jurisdiction, and receive the same compensation as other judges 4,482
of the court of common pleas of Montgomery county, shall be 4,483
elected and designated as judges of the court of common pleas, 4,484
juvenile division, and shall be, and have the powers and 4,485
jurisdiction of, the juvenile judge as provided in Chapter 2151. 4,486
of the Revised Code. 4,487
In addition to the judge's regular duties, the judge of the 4,489
court of common pleas, juvenile division, senior in point of 4,491
service, shall be the administrator of the juvenile division and 4,492
its subdivisions and departments and shall have charge of the 4,493
employment, assignment, and supervision of the personnel of the 4,494
juvenile division, including any necessary referees, who are 4,495
engaged in handling, servicing, or investigating juvenile cases. 4,496
The judge, senior in point of service, also shall designate the 4,497
title, compensation, expense allowances, hours, leaves of 4,498
absence, and vacation of the personnel of the division and shall 4,499
fix their duties. The duties of the personnel, in addition to 4,500
other statutory duties, shall include the handling, servicing, 4,501
and investigation of juvenile cases and of any counseling and 4,502
conciliation services that are available upon request to persons, 4,503
whether or not they are parties to an action pending in the 4,504
division. 4,505
If one of the judges of the court of common pleas, division 4,507
of domestic relations, or one of the judges of the court of 4,508
common pleas, juvenile division, is sick, absent, or unable to 4,509
104
perform that the judge's duties or the volume of cases pending in 4,511
that judge's division necessitates it, the duties of that judge 4,513
may be performed by the judge or judges of the other of those 4,514
divisions.
(G) In Richland county, the judge of the court of common 4,516
pleas whose term begins on January 1, 1957, and successors, shall 4,517
have the same qualifications, exercise the same powers and 4,518
jurisdiction, and receive the same compensation as the other 4,519
judges of the court of common pleas of Richland county and shall 4,520
be elected and designated as judge of the court of common pleas, 4,521
division of domestic relations. That judge shall have all of the 4,523
powers relating to juvenile courts, and all cases under Chapter 4,524
2151. of the Revised Code, all parentage proceedings over which 4,525
the juvenile court has jurisdiction, and all divorce, dissolution 4,526
of marriage, legal separation, and annulment cases shall be 4,527
assigned to that judge, except in cases that for some special 4,528
reason are assigned to some other judge of the court of common 4,530
pleas.
(H) In Stark county, the judges of the court of common 4,532
pleas whose terms begin on January 1, 1953, January 2, 1959, and 4,533
January 1, 1993, and successors, shall have the same 4,534
qualifications, exercise the same powers and jurisdiction, and 4,535
receive the same compensation as other judges of the court of 4,536
common pleas of Stark county and shall be elected and designated 4,537
as judges of the court of common pleas, division of domestic 4,538
relations. They shall have all the powers relating to juvenile 4,539
courts, and all cases under Chapter 2151. of the Revised Code, 4,540
all parentage proceedings over which the juvenile court has 4,541
jurisdiction, and all divorce, dissolution of marriage, legal 4,542
separation, and annulment cases, except cases that are assigned 4,543
to some other judge of the court of common pleas for some special 4,544
reason, shall be assigned to the judges. 4,545
The judge of the division of domestic relations, second 4,547
most senior in point of service, shall have charge of the 4,548
105
employment and supervision of the personnel of the division 4,549
engaged in handling, servicing, or investigating divorce, 4,550
dissolution of marriage, legal separation, and annulment cases, 4,551
and necessary referees required for his THE JUDGE'S respective 4,552
court. 4,553
The judge of the division of domestic relations, senior in 4,555
point of service, shall be charged exclusively with the 4,556
administration of sections 2151.13, 2151.16, 2151.17, and 2151.18 4,557
of the Revised Code and with the assignment and division of the 4,558
work of the division and the employment and supervision of all 4,559
other personnel of the division, including, but not limited to, 4,560
that judge's necessary referees, but excepting those employees 4,562
who may be appointed by the judge second most senior in point of 4,563
service. The senior judge further shall serve as administrator 4,564
of the bureau of aid to dependent children and shall serve in 4,565
every other position in which the statutes permit or require a 4,566
juvenile judge to serve. 4,567
(I) In Summit county: 4,569
(1) The judges of the court of common pleas whose terms 4,571
begin on January 4, 1967, and January 6, 1993, and successors, 4,572
shall have the same qualifications, exercise the same powers and 4,573
jurisdiction, and receive the same compensation as other judges 4,574
of the court of common pleas of Summit county and shall be 4,575
elected and designated as judges of the court of common pleas, 4,576
division of domestic relations. The judges of the division of 4,577
domestic relations shall have assigned to them and hear all 4,578
divorce, dissolution of marriage, legal separation, and annulment 4,579
cases that come before the court. 4,580
The judge of the division of domestic relations, senior in 4,582
point of service, shall be the administrator of the domestic 4,583
relations division and its subdivisions and departments and shall 4,584
have charge of the employment, assignment, and supervision of the 4,585
personnel of the division, including any necessary referees, who 4,586
are engaged in handling, servicing, or investigating divorce, 4,587
106
dissolution of marriage, legal separation, and annulment cases. 4,588
That judge also shall designate the title, compensation, expense 4,589
allowances, hours, leaves of absence, and vacations of the 4,590
personnel of the division and shall fix their duties. The duties 4,591
of the personnel, in addition to other statutory duties, shall 4,592
include the handling, servicing, and investigation of divorce, 4,593
dissolution of marriage, legal separation, and annulment cases 4,594
and of any counseling and conciliation services that are 4,595
available upon request to all persons, whether or not they are 4,596
parties to an action pending in the division. 4,597
(2) The judge of the court of common pleas whose term 4,599
begins on January 1, 1955, and successors, shall have the same 4,600
qualifications, exercise the same powers and jurisdiction, and 4,601
receive the same compensation as other judges of the court of 4,602
common pleas of Summit county, shall be elected and designated as 4,603
judge of the court of common pleas, juvenile division, and shall 4,604
be, and have the powers and jurisdiction of, the juvenile judge 4,605
as provided in Chapter 2151. of the Revised Code. 4,606
The juvenile judge shall be the administrator of the 4,608
juvenile division and its subdivisions and departments and shall 4,609
have charge of the employment, assignment, and supervision of the 4,610
personnel of the juvenile division, including any necessary 4,611
referees, who are engaged in handling, servicing, or 4,612
investigating juvenile cases. The judge also shall designate the 4,613
title, compensation, expense allowances, hours, leaves of 4,614
absence, and vacation of the personnel of the division and shall 4,615
fix their duties. The duties of the personnel, in addition to 4,616
other statutory duties, shall include the handling, servicing, 4,617
and investigation of juvenile cases and of any counseling and 4,618
conciliation services that are available upon request to persons, 4,619
whether or not they are parties to an action pending in the 4,620
division. 4,621
(J) In Trumbull county, the judges of the court of common 4,623
pleas whose terms begin on January 1, 1953, and January 2, 1977, 4,624
107
and successors, shall have the same qualifications, exercise the 4,625
same powers and jurisdiction, and receive the same compensation 4,626
as other judges of the court of common pleas of Trumbull county 4,627
and shall be elected and designated as judges of the court of 4,628
common pleas, division of domestic relations. They shall have 4,629
all the powers relating to juvenile courts, and all cases under 4,630
Chapter 2151. of the Revised Code, all parentage proceedings over 4,631
which the juvenile court has jurisdiction, and all divorce, 4,632
dissolution of marriage, legal separation, and annulment cases 4,633
shall be assigned to them, except cases that for some special 4,634
reason are assigned to some other judge of the court of common 4,635
pleas. 4,636
(K) In Butler county: 4,638
(1) The judges of the court of common pleas whose terms 4,640
begin on January 1, 1957, and January 4, 1993, and successors, 4,641
shall have the same qualifications, exercise the same powers and 4,642
jurisdiction, and receive the same compensation as other judges 4,643
of the court of common pleas of Butler county and shall be 4,644
elected and designated as judges of the court of common pleas, 4,645
division of domestic relations. The judges of the division of 4,646
domestic relations shall have assigned to them all divorce, 4,647
dissolution of marriage, legal separation, and annulment cases 4,648
coming before the court, except in cases that for some special 4,649
reason are assigned to some other judge of the court of common 4,650
pleas. The judge senior in point of service shall be charged 4,651
with the assignment and division of the work of the division and 4,652
with the employment and supervision of all other personnel of the 4,653
domestic relations division. 4,654
The judge senior in point of service also shall designate 4,656
the title, compensation, expense allowances, hours, leaves of 4,657
absence, and vacations of the personnel of the division and shall 4,658
fix their duties. The duties of the personnel, in addition to 4,659
other statutory duties, shall include the handling, servicing, 4,660
and investigation of divorce, dissolution of marriage, legal 4,661
108
separation, and annulment cases and providing any counseling and 4,662
conciliation services that the division makes available to 4,663
persons, whether or not the persons are parties to an action 4,664
pending in the division, who request the services. 4,665
(2) The judge of the court of common pleas whose term 4,667
begins on January 3, 1987, and successors, shall have the same 4,668
qualifications, exercise the same powers and jurisdiction, and 4,669
receive the same compensation as other judges of the court of 4,670
common pleas of Butler county, shall be elected and designated as 4,671
judge of the court of common pleas, juvenile division, and shall 4,672
be the juvenile judge as provided in Chapter 2151. of the Revised 4,673
Code, with the powers and jurisdictions conferred by that 4,674
chapter. The judge of the court of common pleas, juvenile 4,675
division, shall be the administrator of the juvenile division and 4,676
its subdivisions and departments. The judge shall have charge of 4,677
the employment, assignment, and supervision of the personnel of 4,678
the juvenile division who are engaged in handling, servicing, or 4,679
investigating juvenile cases, including any referees whom the 4,680
judge considers necessary for the discharge of the judge's 4,681
various duties. 4,682
The judge also shall designate the title, compensation, 4,684
expense allowances, hours, leaves of absence, and vacation of the 4,685
personnel of the division and shall fix their duties. The duties 4,686
of the personnel, in addition to other statutory duties, include 4,687
the handling, servicing, and investigation of juvenile cases and 4,688
providing any counseling and conciliation services that the 4,689
division makes available to persons, whether or not the persons 4,690
are parties to an action pending in the division, who request the 4,691
services. 4,692
(3) If a judge of the court of common pleas, division of 4,694
domestic relations or juvenile division, is sick, absent, or 4,695
unable to perform that the judge's judicial duties or the volume 4,696
of cases pending in the judge's division necessitates it, the 4,699
duties of that judge shall be performed by the other judges of 4,700
109
the domestic relations and juvenile divisions. 4,701
(L)(1) In Cuyahoga county, the judges of the court of 4,703
common pleas whose terms begin on January 8, 1961, January 9, 4,704
1961, January 18, 1975, January 19, 1975, and January 13, 1987, 4,705
and successors, shall have the same qualifications, exercise the 4,706
same powers and jurisdiction, and receive the same compensation 4,707
as other judges of the court of common pleas of Cuyahoga county 4,708
and shall be elected and designated as judges of the court of 4,709
common pleas, division of domestic relations. They shall have 4,710
all the powers relating to all divorce, dissolution of marriage, 4,711
legal separation, and annulment cases, except in cases that are 4,712
assigned to some other judge of the court of common pleas for 4,713
some special reason. 4,714
(2) The administrative judge is administrator of the 4,716
domestic relations division and its subdivisions and departments 4,717
and has the following powers concerning division personnel: 4,718
(a) Full charge of the employment, assignment, and 4,720
supervision; 4,721
(b) Sole determination of compensation, duties, expenses, 4,723
allowances, hours, leaves, and vacations. 4,724
(3) "Division personnel" include persons employed or 4,726
referees engaged in hearing, servicing, investigating, 4,727
counseling, or conciliating divorce, dissolution of marriage, 4,728
legal separation and annulment matters. 4,729
(M) In Lake county: 4,731
(1) The judge of the court of common pleas whose term 4,733
begins on January 2, 1961, and successors, shall have the same 4,734
qualifications, exercise the same powers and jurisdiction, and 4,735
receive the same compensation as the other judges of the court of 4,736
common pleas of Lake county and shall be elected and designated 4,737
as judge of the court of common pleas, division of domestic 4,738
relations. The judge shall be assigned all the divorce, 4,740
dissolution of marriage, legal separation, and annulment cases 4,741
coming before the court, except in cases that for some special 4,742
110
reason are assigned to some other judge of the court of common 4,743
pleas. The judge shall be charged with the assignment and 4,744
division of the work of the division and with the employment and 4,745
supervision of all other personnel of the domestic relations 4,746
division. 4,747
The judge also shall designate the title, compensation, 4,749
expense allowances, hours, leaves of absence, and vacations of 4,750
the personnel of the division and shall fix their duties. The 4,751
duties of the personnel, in addition to other statutory duties, 4,752
shall include the handling, servicing, and investigation of 4,753
divorce, dissolution of marriage, legal separation, and annulment 4,754
cases and providing any counseling and conciliation services that 4,755
the division makes available to persons, whether or not the 4,756
persons are parties to an action pending in the division, who 4,757
request the services. 4,758
(2) The judge of the court of common pleas whose term 4,760
begins on January 4, 1979, and successors, shall have the same 4,761
qualifications, exercise the same powers and jurisdiction, and 4,762
receive the same compensation as other judges of the court of 4,763
common pleas of Lake county, shall be elected and designated as 4,764
judge of the court of common pleas, juvenile division, and shall 4,765
be the juvenile judge as provided in Chapter 2151. of the Revised 4,766
Code, with the powers and jurisdictions conferred by that 4,767
chapter. The judge of the court of common pleas, juvenile 4,768
division, shall be the administrator of the juvenile division and 4,769
its subdivisions and departments. The judge shall have charge of 4,770
the employment, assignment, and supervision of the personnel of 4,771
the juvenile division who are engaged in handling, servicing, or 4,772
investigating juvenile cases, including any referees whom the 4,773
judge considers necessary for the discharge of the judge's 4,774
various duties. 4,775
The judge also shall designate the title, compensation, 4,777
expense allowances, hours, leaves of absence, and vacation of the 4,778
personnel of the division and shall fix their duties. The duties 4,779
111
of the personnel, in addition to other statutory duties, include 4,780
the handling, servicing, and investigation of juvenile cases and 4,781
providing any counseling and conciliation services that the 4,782
division makes available to persons, whether or not the persons 4,783
are parties to an action pending in the division, who request the 4,784
services. 4,785
(3) If a judge of the court of common pleas, division of 4,787
domestic relations or juvenile division, is sick, absent, or 4,788
unable to perform that the judge's judicial duties or the volume 4,789
of cases pending in the judge's division necessitates it, the 4,792
duties of that judge shall be performed by the other judges of 4,793
the domestic relations and juvenile divisions. 4,794
(N) In Erie county, the judge of the court of common pleas 4,796
whose term begins on January 2, 1971, and successors, shall have 4,797
the same qualifications, exercise the same powers and 4,798
jurisdiction, and receive the same compensation as the other 4,799
judge of the court of common pleas of Erie county and shall be 4,800
elected and designated as judge of the court of common pleas, 4,801
division of domestic relations. The judge shall have all the 4,802
powers relating to juvenile courts, and shall be assigned all 4,803
cases under Chapter 2151. of the Revised Code, parentage 4,805
proceedings over which the juvenile court has jurisdiction, and 4,807
divorce, dissolution of marriage, legal separation, and annulment 4,808
cases, except cases that for some special reason are assigned to 4,809
some other judge. 4,810
(O) In Greene county: 4,812
(1) The judge of the court of common pleas whose term 4,814
begins on January 1, 1961, and successors, shall have the same 4,815
qualifications, exercise the same powers and jurisdiction, and 4,816
receive the same compensation as the other judges of the court of 4,817
common pleas of Greene county and shall be elected and designated 4,818
as the judge of the court of common pleas, division of domestic 4,819
relations. The judge shall be assigned all divorce, dissolution 4,821
of marriage, legal separation, annulment, uniform reciprocal 4,822
112
support enforcement, and domestic violence cases and all other 4,823
cases related to domestic relations, except cases that for some 4,824
special reason are assigned to some other judge of the court of 4,825
common pleas.
The judge shall be charged with the assignment and division 4,827
of the work of the division and with the employment and 4,828
supervision of all other personnel of the division. The judge 4,830
also shall designate the title, compensation, hours, leaves of 4,832
absence, and vacations of the personnel of the division and shall 4,833
fix their duties. The duties of the personnel of the division, 4,834
in addition to other statutory duties, shall include the 4,835
handling, servicing, and investigation of divorce, dissolution of 4,836
marriage, legal separation, and annulment cases and the provision 4,837
of counseling and conciliation services that the division 4,838
considers necessary and makes available to persons who request 4,839
the services, whether or not the persons are parties in an action 4,840
pending in the division. The compensation for the personnel 4,841
shall be paid from the overall court budget and shall be included 4,842
in the appropriations for the existing judges of the general 4,843
division of the court of common pleas.
(2) The judge of the court of common pleas whose term 4,845
begins on January 1, 1995, and successors shall have the same 4,846
qualifications, exercise the same powers and jurisdiction, and 4,847
receive the same compensation as the other judges of the court of 4,848
common pleas of Greene county, shall be elected and designated as 4,849
judge of the court of common pleas, juvenile division, and, on or 4,850
after January 1, 1995, shall be the juvenile judge as provided in 4,851
Chapter 2151. of the Revised Code with the powers and 4,852
jurisdiction conferred by that chapter. The judge of the court 4,853
of common pleas, juvenile division, shall be the administrator of 4,854
the juvenile division and its subdivisions and departments. The 4,855
judge shall have charge of the employment, assignment, and 4,856
supervision of the personnel of the juvenile division who are 4,857
engaged in handling, servicing, or investigating juvenile cases, 4,858
113
including any referees whom the judge considers necessary for the 4,859
discharge of the judge's various duties. 4,860
The judge also shall designate the title, compensation, 4,862
expense allowances, hours, leaves of absence, and vacation of the 4,863
personnel of the division and shall fix their duties. The duties 4,864
of the personnel, in addition to other statutory duties, include 4,865
the handling, servicing, and investigation of juvenile cases and 4,866
providing any counseling and conciliation services that the court 4,867
makes available to persons, whether or not the persons are 4,868
parties to an action pending in the court, who request the 4,869
services. 4,870
(3) If one of the judges of the court of common pleas, 4,872
general division, is sick, absent, or unable to perform that the 4,873
judge's judicial duties or the volume of cases pending in the 4,874
general division necessitates it, the duties of that judge of the 4,876
general division shall be performed by the judge of the division 4,877
of domestic relations and the judge of the juvenile division. 4,878
(P) In Portage county, the judge of the court of common 4,880
pleas, whose term begins January 2, 1987, and successors, shall 4,881
have the same qualifications, exercise the same powers and 4,882
jurisdiction, and receive the same compensation as the other 4,883
judges of the court of common pleas of Portage county and shall 4,884
be elected and designated as judge of the court of common pleas, 4,885
division of domestic relations. The judge shall be assigned all 4,887
divorce, dissolution of marriage, legal separation, and annulment 4,889
cases coming before the court, except in cases that for some 4,890
special reason are assigned to some other judge of the court of 4,891
common pleas. The judge shall be charged with the assignment and 4,892
division of the work of the division and with the employment and 4,893
supervision of all other personnel of the domestic relations 4,894
division.
The judge also shall designate the title, compensation, 4,896
expense allowances, hours, leaves of absence, and vacations of 4,897
the personnel of the division and shall fix their duties. The 4,898
114
duties of the personnel, in addition to other statutory duties, 4,899
shall include the handling, servicing, and investigation of 4,900
divorce, dissolution of marriage, legal separation, and annulment 4,901
cases and providing any counseling and conciliation services that 4,902
the division makes available to persons, whether or not the 4,903
persons are parties to an action pending in the division, who 4,904
request the services. 4,905
(Q) In Clermont county, the judge of the court of common 4,907
pleas, whose term begins January 2, 1987, and successors, shall 4,908
have the same qualifications, exercise the same powers and 4,909
jurisdiction, and receive the same compensation as the other 4,910
judges of the court of common pleas of Clermont county and shall 4,911
be elected and designated as judge of the court of common pleas, 4,912
division of domestic relations. The judge shall be assigned all 4,914
divorce, dissolution of marriage, legal separation, and annulment 4,916
cases coming before the court, except in cases that for some 4,917
special reason are assigned to some other judge of the court of 4,918
common pleas. The judge shall be charged with the assignment and 4,919
division of the work of the division and with the employment and 4,920
supervision of all other personnel of the domestic relations 4,921
division.
The judge also shall designate the title, compensation, 4,923
expense allowances, hours, leaves of absence, and vacations of 4,924
the personnel of the division and shall fix their duties. The 4,925
duties of the personnel, in addition to other statutory duties, 4,926
shall include the handling, servicing, and investigation of 4,927
divorce, dissolution of marriage, legal separation, and annulment 4,928
cases and providing any counseling and conciliation services that 4,929
the division makes available to persons, whether or not the 4,930
persons are parties to an action pending in the division, who 4,931
request the services. 4,932
(R) In Warren county, the judge of the court of common 4,934
pleas, whose term begins January 1, 1987, and successors, shall 4,935
have the same qualifications, exercise the same powers and 4,936
115
jurisdiction, and receive the same compensation as the other 4,937
judges of the court of common pleas of Warren county and shall be 4,938
elected and designated as judge of the court of common pleas, 4,939
division of domestic relations. The judge shall be assigned all 4,941
divorce, dissolution of marriage, legal separation, and annulment 4,943
cases coming before the court, except in cases that for some 4,944
special reason are assigned to some other judge of the court of 4,945
common pleas. The judge shall be charged with the assignment and 4,946
division of the work of the division and with the employment and 4,947
supervision of all other personnel of the domestic relations 4,948
division.
The judge also shall designate the title, compensation, 4,950
expense allowances, hours, leaves of absence, and vacations of 4,951
the personnel of the division and shall fix their duties. The 4,952
duties of the personnel, in addition to other statutory duties, 4,953
shall include the handling, servicing, and investigation of 4,954
divorce, dissolution of marriage, legal separation, and annulment 4,955
cases and providing any counseling and conciliation services that 4,956
the division makes available to persons, whether or not the 4,957
persons are parties to an action pending in the division, who 4,958
request the services. 4,959
(S) In Licking county, the judge of the court of common 4,961
pleas, whose term begins January 1, 1991, and successors, shall 4,962
have the same qualifications, exercise the same powers and 4,963
jurisdiction, and receive the same compensation as the other 4,964
judges of the court of common pleas of Licking county and shall 4,965
be elected and designated as judge of the court of common pleas, 4,966
division of domestic relations. The judge shall be assigned all 4,968
divorce, dissolution of marriage, legal separation, and annulment 4,970
cases, all cases arising under Chapter 3111. of the Revised Code, 4,971
all proceedings involving child support, the allocation of 4,972
parental rights and responsibilities for the care of children and 4,973
the designation for the children of a place of residence and 4,974
legal custodian, and visitation, and all post-decree proceedings 4,975
116
and matters arising from those cases and proceedings, except in 4,976
cases that for some special reason are assigned to another judge 4,977
of the court of common pleas. The judge shall be charged with 4,978
the assignment and division of the work of the division and with 4,979
the employment and supervision of the personnel of the division. 4,980
The judge shall designate the title, compensation, expense 4,982
allowances, hours, leaves of absence, and vacations of the 4,983
personnel of the division and shall fix the duties of the 4,984
personnel of the division. The duties of the personnel of the 4,985
division, in addition to other statutory duties, shall include 4,986
the handling, servicing, and investigation of divorce, 4,987
dissolution of marriage, legal separation, and annulment cases, 4,988
cases arising under Chapter 3111. of the Revised Code, and 4,989
proceedings involving child support, the allocation of parental 4,990
rights and responsibilities for the care of children and the 4,991
designation for the children of a place of residence and legal 4,992
custodian, and visitation and providing any counseling and 4,993
conciliation services that the division makes available to 4,994
persons, whether or not the persons are parties to an action 4,995
pending in the division, who request the services. 4,996
(T) In Allen county, the judge of the court of common 4,998
pleas, whose term begins January 1, 1993, and successors, shall 4,999
have the same qualifications, exercise the same powers and 5,000
jurisdiction, and receive the same compensation as the other 5,001
judges of the court of common pleas of Allen county and shall be 5,002
elected and designated as judge of the court of common pleas, 5,003
division of domestic relations. The judge shall be assigned all 5,005
divorce, dissolution of marriage, legal separation, and annulment 5,007
cases, all cases arising under Chapter 3111. of the Revised Code, 5,008
all proceedings involving child support, the allocation of 5,009
parental rights and responsibilities for the care of children and 5,010
the designation for the children of a place of residence and 5,011
legal custodian, and visitation, and all post-decree proceedings 5,012
and matters arising from those cases and proceedings, except in 5,013
117
cases that for some special reason are assigned to another judge 5,014
of the court of common pleas. The judge shall be charged with 5,015
the assignment and division of the work of the division and with 5,016
the employment and supervision of the personnel of the division. 5,017
The judge shall designate the title, compensation, expense 5,019
allowances, hours, leaves of absence, and vacations of the 5,020
personnel of the division and shall fix the duties of the 5,021
personnel of the division. The duties of the personnel of the 5,022
division, in addition to other statutory duties, shall include 5,023
the handling, servicing, and investigation of divorce, 5,024
dissolution of marriage, legal separation, and annulment cases, 5,025
cases arising under Chapter 3111. of the Revised Code, and 5,026
proceedings involving child support, the allocation of parental 5,027
rights and responsibilities for the care of children and the 5,028
designation for the children of a place of residence and legal 5,029
custodian, and visitation, and providing any counseling and 5,030
conciliation services that the division makes available to 5,031
persons, whether or not the persons are parties to an action 5,032
pending in the division, who request the services. 5,033
(U) In Medina county, the judge of the court of common 5,035
pleas whose term begins January 1, 1995, and successors, shall 5,036
have the same qualifications, exercise the same powers and 5,037
jurisdiction, and receive the same compensation as other judges 5,038
of the court of common pleas of Medina county and shall be 5,039
elected and designated as judge of the court of common pleas, 5,040
division of domestic relations. The judge shall be assigned all 5,042
divorce, dissolution of marriage, legal separation, and annulment 5,044
cases, all cases arising under Chapter 3111. of the Revised Code, 5,045
all proceedings involving child support, the allocation of 5,046
parental rights and responsibilities for the care of children and 5,047
the designation for the children of a place of residence and 5,048
legal custodian, and visitation, and all post-decree proceedings 5,049
and matters arising from those cases and proceedings, except in 5,050
cases that for some special reason are assigned to another judge 5,051
118
of the court of common pleas. The judge shall be charged with 5,052
the assignment and division of the work of the division and with 5,053
the employment and supervision of the personnel of the division. 5,054
The judge shall designate the title, compensation, expense 5,056
allowances, hours, leaves of absence, and vacations of the 5,057
personnel of the division and shall fix the duties of the 5,058
personnel of the division. The duties of the personnel, in 5,059
addition to other statutory duties, include the handling, 5,060
servicing, and investigation of divorce, dissolution of marriage, 5,061
legal separation, and annulment cases, cases arising under 5,062
Chapter 3111. of the Revised Code, and proceedings involving 5,063
child support, the allocation of parental rights and 5,064
responsibilities for the care of children and the designation for 5,065
the children of a place of residence and legal custodian, and 5,066
visitation, and providing counseling and conciliation services 5,067
that the division makes available to persons, whether or not the 5,068
persons are parties to an action pending in the division, who 5,069
request the services. 5,070
(V) In Fairfield county, the judge of the court of common 5,072
pleas whose term begins January 2, 1995, and successors, shall 5,073
have the same qualifications, exercise the same powers and 5,074
jurisdiction, and receive the same compensation as the other 5,075
judges of the court of common pleas of Fairfield county and shall 5,076
be elected and designated as judge of the court of common pleas, 5,077
division of domestic relations. The judge shall be assigned all 5,079
divorce, dissolution of marriage, legal separation, and annulment 5,081
cases, all cases arising under Chapter 3111. of the Revised Code, 5,082
all proceedings involving child support, the allocation of 5,083
parental rights and responsibilities for the care of children and 5,084
the designation for the children of a place of residence and 5,085
legal custodian, and visitation, and all post-decree proceedings 5,086
and matters arising from those cases and proceedings, except in 5,087
cases that for some special reason are assigned to another judge 5,088
of the court of common pleas. The judge also has concurrent 5,089
119
jurisdiction with the probate-juvenile division of the court of
common pleas of Fairfield county with respect to and may hear 5,090
cases to determine the custody of a child, as defined in section 5,091
2151.011 of the Revised Code, who is not the ward of another 5,092
court of this state, cases that are commenced by a parent, 5,093
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 5,094
child to pay child support for that child when the request for 5,095
that order is not ancillary to an action for divorce, dissolution 5,096
of marriage, annulment, or legal separation, a criminal or civil 5,097
action involving an allegation of domestic violence, an action 5,098
for support under Chapter 3115. of the Revised Code, or an action
that is within the exclusive original jurisdiction of the 5,099
probate-juvenile division of the court of common pleas of 5,100
Fairfield county and that involves an allegation that the child 5,101
is an abused, neglected, or dependent child, and post-decree 5,102
proceedings and matters arising from those types of cases.
The judge of the domestic relations division shall be 5,104
charged with the assignment and division of the work of the 5,107
division and with the employment and supervision of the personnel 5,108
of the division.
The judge shall designate the title, compensation, expense 5,110
allowances, hours, leaves of absence, and vacations of the 5,111
personnel of the division and shall fix the duties of the 5,112
personnel of the division. The duties of the personnel of the 5,113
division, in addition to other statutory duties, shall include 5,114
the handling, servicing, and investigation of divorce, 5,115
dissolution of marriage, legal separation, and annulment cases, 5,116
cases arising under Chapter 3111. of the Revised Code, and 5,117
proceedings involving child support, the allocation of parental 5,118
rights and responsibilities for the care of children and the 5,119
designation for the children of a place of residence and legal 5,120
custodian, and visitation, and providing any counseling and 5,121
conciliation services that the division makes available to 5,122
120
persons, regardless of whether the persons are parties to an 5,123
action pending in the division, who request the services. When 5,125
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 5,126
ward of another court of this state or a case that is commenced 5,127
by a parent, guardian, or custodian of a child, as defined in 5,128
section 2151.011 of the Revised Code, to obtain an order 5,129
requiring a parent of the child to pay child support for that
child when the request for that order is not ancillary to an 5,130
action for divorce, dissolution of marriage, annulment, or legal 5,131
separation, a criminal or civil action involving an allegation of 5,132
domestic violence, an action for support under Chapter 3115. of 5,133
the Revised Code, or an action that is within the exclusive 5,134
original jurisdiction of the probate-juvenile division of the
court of common pleas of Fairfiled FAIRFIELD county and that 5,135
involves an allegation that the child is an abused, neglected, or 5,137
dependent child, the duties of the personnel of the domestic 5,138
relations division also include the handling, servicing, and
investigation of those types of cases. 5,139
(W)(1) In Clark county, the judge of the court of common 5,141
pleas whose term begins on January 2, 1995, and successors, shall 5,142
have the same qualifications, exercise the same powers and 5,143
jurisdiction, and receive the same compensation as other judges 5,144
of the court of common pleas of Clark county and shall be elected 5,145
and designated as judge of the court of common pleas, domestic 5,146
relations division. The judge shall have all the powers relating 5,148
to juvenile courts, and all cases under Chapter 2151. of the 5,149
Revised Code and all parentage proceedings under Chapter 3111. of 5,150
the Revised Code over which the juvenile court has jurisdiction 5,151
shall be assigned to the judge of the division of domestic 5,152
relations. All divorce, dissolution of marriage, legal 5,153
separation, annulment, uniform reciprocal support enforcement, 5,154
and other cases related to domestic relations shall be assigned 5,155
to the domestic relations division, and the presiding judge of 5,156
121
the court of common pleas shall assign the cases to the judge of 5,157
the domestic relations division and the judges of the general 5,158
division. 5,159
(2) In addition to the judge's regular duties, the judge 5,161
of the division of domestic relations shall serve on the children 5,163
services board and the county advisory board. 5,164
(3) If the judge of the court of common pleas of Clark 5,166
county, division of domestic relations, is sick, absent, or 5,167
unable to perform that the judge's judicial duties or if the 5,168
presiding judge of the court of common pleas of Clark county 5,171
determines that the volume of cases pending in the division of 5,172
domestic relations necessitates it, the duties of the judge of 5,173
the division of domestic relations shall be performed by the 5,174
judges of the general division or probate division of the court 5,175
of common pleas of Clark county, as assigned for that purpose by 5,176
the presiding judge of that court, and the judges so assigned 5,177
shall act in conjunction with the judge of the division of 5,178
domestic relations of that court. 5,179
(X) In Scioto county, the judge of the court of common 5,181
pleas whose term begins January 2, 1995, and successors, shall 5,183
have the same qualifications, exercise the same powers and 5,184
jurisdiction, and receive the same compensation as other judges 5,185
of the court of common pleas of Scioto county and shall be 5,186
elected and designated as judge of the court of common pleas, 5,187
division of domestic relations. The judge shall be assigned all 5,189
divorce, dissolution of marriage, legal separation, and annulment 5,191
cases, all cases arising under Chapter 3111. of the Revised Code, 5,192
all proceedings involving child support, the allocation of 5,193
parental rights and responsibilities for the care of children and 5,194
the designation for the children of a place of residence and 5,195
legal custodian, visitation, and all post-decree proceedings and 5,196
matters arising from those cases and proceedings, except in cases 5,197
that for some special reason are assigned to another judge of the 5,198
court of common pleas. The judge shall be charged with the 5,199
122
assignment and division of the work of the division and with the 5,200
employment and supervision of the personnel of the division. 5,201
The judge shall designate the title, compensation, expense 5,203
allowances, hours, leaves of absence, and vacations of the 5,204
personnel of the division and shall fix the duties of the 5,205
personnel of the division. The duties of the personnel, in 5,206
addition to other statutory duties, include the handling, 5,207
servicing, and investigation of divorce, dissolution of marriage, 5,208
legal separation, and annulment cases, cases arising under 5,209
Chapter 3111. of the Revised Code, and proceedings involving 5,210
child support, the allocation of parental rights and 5,211
responsibilities for the care of children and the designation for 5,212
the children of a place of residence and legal custodian, and 5,213
visitation, and providing counseling and conciliation services 5,214
that the division makes available to persons, whether or not the 5,215
persons are parties to an action pending in the division, who 5,216
request the services. 5,217
(Y) In Auglaize county, the judge of the probate and 5,219
juvenile divisions of the Auglaize county court of common pleas 5,220
also shall be the administrative judge of the domestic relations 5,221
division of the court and shall be assigned all divorce, 5,223
dissolution of marriage, legal separation, and annulment cases 5,224
coming before the court. The judge shall have all powers as 5,225
administrator of the domestic relations division and shall have 5,226
charge of the personnel engaged in handling, servicing, or 5,227
investigating divorce, dissolution of marriage, legal separation, 5,228
and annulment cases, including any referees considered necessary 5,229
for the discharge of the judge's various duties. 5,230
(Z) If a judge of the court of common pleas, division of 5,232
domestic relations, or juvenile judge, of any of the counties 5,233
mentioned in this section is sick, absent, or unable to perform 5,234
that the judge's judicial duties or the volume of cases pending 5,235
in the judge's division necessitates it, the duties of that judge 5,238
shall be performed by another judge of the court of common pleas 5,239
123
of that county, assigned for that purpose by the presiding judge 5,240
of the court of common pleas of that county to act in place of or 5,241
in conjunction with that judge, as the case may require. 5,242
Sec. 2301.35. (A) The board of county commissioners in 5,253
each EACH county, by resolution, shall designate one of the 5,256
following as the HAVE A child support enforcement agency for the 5,257
county: the county department of human services, the office of 5,258
the prosecuting attorney, a bureau within the court of common 5,259
pleas, or a separate agency under the direct control of the board 5,261
and administered by an official appointed by the board. The 5,262
board shall enter into a contract with the designated entity as 5,264
required by division (B) of this section. If, on or before 5,265
December 31, 1987, the board does not designate and enter into a 5,266
contract with an entity to be the county's child support 5,267
enforcement agency, the county department of human services is 5,268
hereby designated as the. A GOVERNMENT ENTITY DESIGNATED UNDER 5,269
THIS SECTION PRIOR TO THE EFFECTIVE DATE OF THIS AMENDMENT OR A 5,270
PRIVATE OR GOVERNMENT ENTITY DESIGNATED UNDER SECTION 307.981 OF 5,271
THE REVISED CODE ON OR AFTER THAT DATE MAY SERVE AS A COUNTY'S
child support enforcement agency for the county. 5,272
(B)(1) Each board of county commissioners shall enter into 5,275
a contract with the child support enforcement agency for the 5,276
county served by the board, as designated under division (A) of 5,277
this section. The contract shall specify the services the agency 5,278
is to provide and may contain other provisions relating to the 5,279
operation of ENTER INTO A PLAN OF COOPERATION WITH THE BOARD OF 5,280
COUNTY COMMISSIONERS UNDER SECTION 307.983 OF THE REVISED CODE 5,281
AND COMPLY WITH THE PARTNERSHIP AGREEMENT THE BOARD ENTERS INTO
UNDER SECTION 307.98 AND CONTRACTS THE BOARD ENTERS INTO UNDER 5,282
SECTIONS 307.981 AND 307.982 OF THE REVISED CODE THAT AFFECT the 5,283
agency. The form and terms of the contract shall be consistent 5,286
with the rules adopted by the state department of human services 5,287
under division (D) of this section. The board thereafter, by 5,288
resolution, may change its designation of the child support 5,289
124
enforcement agency after providing at least sixty days' notice to 5,290
the state department of human services and publishing notice of 5,291
intent to change the designation in a newspaper of general 5,292
circulation within the county at least sixty days before the 5,293
change takes effect. The board shall enter into a contract under 5,294
this division with any child support enforcement agency it 5,295
designates under this section. 5,296
(2)(a) If a board of county commissioners, by resolution, 5,298
changes its designation of the child support enforcement agency 5,299
by designating a new department, office, bureau, or agency as the 5,300
designated child support enforcement agency for the county, the 5,301
board, notwithstanding any other section of the Revised Code, 5,302
shall adopt a resolution stating that any employees of the 5,303
previously designated child support enforcement agency for that 5,304
county who also are employees of the newly designated child 5,305
support enforcement agency for that county and who are not 5,306
otherwise covered by a collective bargaining agreement shall be 5,307
treated as transfers to the newly designated agency. The board 5,308
of county commissioners shall state all of the following in the 5,309
resolution: 5,310
(i) That the conditions of employment, compensation, and 5,312
benefits of the transferred employees shall be consistent with 5,313
the conditions of employment, compensation, and benefits of the 5,314
other employees of the department, office, bureau, or agency that 5,315
is the newly designated child support enforcement agency for that 5,316
county; 5,317
(ii) That the transferred employees of the previously 5,319
designated child support enforcement agency who become employees 5,320
of the newly designated child support enforcement agency shall 5,321
retain any rights they have as to classification status and 5,322
benefits; 5,323
(iii) That those transferred employees may transfer 5,325
vacation leave, sick leave, and other earned benefits that they 5,326
earned while employed at the previously designated child support 5,327
125
enforcement agency to the newly designated child support 5,328
enforcement agency or that they may be paid for the earned 5,329
benefits; 5,330
(iv) That, if the action taken by the board of county 5,332
commissioners in the resolution transferring the employees to the 5,333
newly designated child support enforcement agency results in a 5,334
reduction in pay for the employees, the reduction in pay shall 5,335
not be considered a reduction in pay pursuant to section 124.34 5,336
of the Revised Code; 5,337
(v) That the parties to the collective bargaining 5,339
agreement shall agree to include any comparable classified 5,340
employee into the existing bargaining unit for the newly 5,341
designated child support enforcement agency. 5,342
(b) The employees of a previously designated child support 5,344
enforcement agency who also are employees of the newly designated 5,345
child support enforcement agency for that county and who are 5,346
covered by a collective bargaining agreement shall continue to be 5,347
covered by that agreement until the agreement expires or is 5,348
renegotiated. The parties to the collective bargaining agreement 5,349
shall agree to include any comparable classified employee in the 5,350
existing bargaining unit for the newly designated child support 5,351
enforcement agency at any time the transferred employee is not 5,352
otherwise covered by a collective bargaining agreement. 5,353
(C) The child support enforcement agency for a county is 5,355
the local Title IV-D agency for the county and shall operate a 5,356
program for support enforcement in the county, which program 5,357
shall comply with Title IV-D of the "Social Security Act," 88 5,358
Stat. 2351 (1975), 42 U.S.C. 651, as amended, any rules adopted 5,359
pursuant to that title, and sections 2151.23, 2151.33, 2301.34 to 5,360
2301.42, 3105.18, 3105.21, 3109.05, 3109.19, 3111.13, 3111.20, 5,361
3111.21, 3111.22, 3113.04, 3113.21 to 3113.219, 3113.31, and 5,363
3115.22 of the Revised Code. Each child support enforcement 5,364
agency shall be operated under the supervision of the state 5,365
department of human services in accordance with the program of 5,366
126
child support enforcement established pursuant to section 5101.31 5,367
of the Revised Code, shall be responsible in the county it serves 5,368
for the collection of payments due under support orders, and 5,369
shall perform all administrative duties related to the collection 5,370
of payments due under any support order. No child support 5,371
enforcement agency shall use any social security number made 5,372
available to it under section 3705.07 of the Revised Code for any 5,373
purpose other than child support enforcement. The department 5,374
shall ensure that all child support enforcement agencies comply 5,375
with all applicable state and federal support regulations, 5,376
including the affirmative duties of Title IV-D of the Social 5,377
Security Act.
Each child support enforcement agency may enter into 5,379
contracts with public agencies and private vendors for the 5,380
collection of amounts due under support orders, for assistance in 5,381
establishing paternity or support obligations, or for the 5,382
performance of other administrative duties of the agency. Each 5,383
child support enforcement agency may contract with a collection 5,384
agent in accordance with section 2301.42 of the Revised Code for 5,385
the collection of arrearages described in that section. Before 5,386
entering into a contract for the collection of support, 5,387
assistance in establishing paternity or support obligations, or
for other administrative services, a child support enforcement 5,388
agency shall comply with sections 307.86 to 307.92 of the Revised 5,389
Code and any rules adopted by the state department of human 5,390
services pursuant to division (D)(1) of this section. 5,391
(D)(1) The state department of human services shall adopt 5,394
rules under Chapter 119. of the Revised Code governing the 5,395
operation of support enforcement by child support enforcement 5,396
agencies. The rules shall include, but shall not be limited to, 5,397
provisions relating to contracts between the agencies and boards 5,398
of county commissioners entered into under division (B)(1) of 5,399
this section, requirements for public hearings by the agencies, 5,400
and provisions for appeals of agency decisions under procedures 5,401
127
established by the department.
(2) The state department of human services shall adopt in 5,404
accordance with Chapter 119. of the Revised Code rules governing 5,405
the establishment by child support enforcement agencies of 5,406
on-site genetic testing programs to be used in actions under 5,407
sections 3111.01 to 3111.19 of the Revised Code and in 5,408
administrative procedures under sections 3111.20 to 3111.29 of 5,409
the Revised Code. The rules shall include, but are not limited 5,410
to, provisions relating to the environment in which a blood or 5,411
buccal cell sample may be drawn, the medical personnel who may
draw a sample, the trained personnel who may perform the genetic 5,412
comparison, the types of genetic testing that may be performed on 5,413
a sample, and the procedure for notifying the court of the 5,414
location at which the sample will be drawn, who will draw the 5,416
sample, and who will perform the genetic testing on the sample, 5,417
and any other procedures or standards the department determines 5,418
are necessary for the implementation of on-site genetic testing. 5,419
(E)(1) The state department of human services shall adopt, 5,422
under Chapter 119. of the Revised Code, support enforcement 5,423
performance standards and rules establishing financial sanctions 5,424
for counties that fail to comply with the standards and shall 5,425
make the standards and rules available to the public, boards of 5,426
county commissioners, and child support enforcement agencies. 5,427
The department shall determine the degree to which each child 5,428
support enforcement agency is complying with the standards. If 5,429
the department finds any child support enforcement agency to be 5,430
substantially out of compliance with the standards, it shall 5,431
require the agency and the board of county commissioners of the 5,432
county served by the agency to prepare a plan to bring the agency 5,433
into compliance with the standards. The plan may include a 5,434
change in the designation of the child support enforcement 5,435
agency. If the plan does not result in compliance with the 5,436
standards, the department shall impose a financial sanction upon 5,437
the county. The board of county commissioners shall make a 5,438
128
separate appropriation for the child support enforcement agency 5,439
in the amount of the sanction and transfer that amount to the 5,440
agency. The child support enforcement agency shall not pay any 5,441
part of the sanction, and the board of county commissioners shall 5,442
not decrease county funding for the agency because of the 5,443
sanction. If the board of county commissioners fails to make the 5,444
full appropriation and transfer as required by this division, the 5,445
department shall certify to the tax commissioner the amount of 5,446
the sanction. The tax commissioner shall deduct that amount from 5,447
the local government fund distribution to which the county itself 5,448
would otherwise be entitled and remit the amount directly to the 5,449
child support enforcement agency to be deposited by the agency 5,450
into a separate account to be used solely for support enforcement 5,451
purposes. If the department subsequently determines that the 5,452
agency has attained substantial compliance with the standards and 5,453
that the county has appropriated sufficient funds for the agency 5,454
to maintain its budget at the level necessary to continue to be 5,455
in substantial compliance, the department shall certify its 5,456
determination to the tax commissioner, and the tax commissioner 5,457
shall resume remitting to the county the entire amount of the 5,458
local government fund distribution. The board of county 5,459
commissioners may appeal a financial sanction under Chapter 119. 5,460
of the Revised Code. 5,461
(2) The state department of human services shall adopt, 5,463
under Chapter 119. of the Revised Code, rules requiring each 5,464
child support enforcement agency to complete within designated 5,465
periods of time specified percentages of parentage cases in which 5,466
the agency or the mother of a child is attempting to establish a 5,467
parent and child relationship between the child and the father of 5,468
the child and rules establishing financial sanctions for counties 5,469
that fail to comply with the requirements. The department shall 5,470
make copies of the rules available upon request to the public, 5,471
boards of county commissioners, and child support enforcement 5,472
agencies. The department shall determine the degree to which 5,473
129
each child support enforcement agency is complying with the 5,474
requirements. If the department finds any child support 5,475
enforcement agency to be substantially out of compliance with the 5,476
requirements, it shall require the agency and the board of county 5,477
commissioners of the county served by the agency to prepare a 5,478
plan to bring the agency into compliance with the requirements 5,479
and to submit the plan to the department. The plan may include a 5,480
change in the designation of the child support enforcement 5,481
agency. If the plan does not result in compliance with the 5,482
requirements, the department shall impose a financial sanction 5,483
upon the county. If a financial sanction is imposed upon a 5,484
county, the board of county commissioners may appeal the sanction 5,485
under Chapter 119. of the Revised Code. 5,486
(F) Each child support enforcement agency designated under 5,488
this section shall enter into written agreements with the courts, 5,489
the prosecuting attorney, and law enforcement officials of the 5,490
county it serves, which agreements shall establish cooperative 5,491
working arrangements and specify areas of responsibility for the 5,492
enforcement of support among the agency, courts, and officials. 5,493
The agreements shall provide for the reimbursement of the courts 5,494
and law enforcement officials for the responsibilities they 5,495
assume and actions they undertake pursuant to such agreements. 5,496
(G)(F)(1) Every child support enforcement agency shall 5,498
maintain records listing the date a support order was entered, 5,499
the amount of any payment made under it, the date on which 5,500
payments are required to be made, the names and addresses of the 5,501
parties affected by the order, and the current records of 5,502
payments and disbursements. 5,503
(2) Each obligor and each obligee under a support order 5,505
may review all records maintained under division (G)(F)(1) of 5,506
this section that pertain to the support order and any other 5,508
information in any file maintained by the child support 5,509
enforcement agency, except to the extent prohibited by state or 5,510
federal law. 5,511
130
(H)(G)(1) If a court or administrative agency issues or 5,513
modifies a support order on or after October 5, 1987, regardless 5,514
of when the modified support order was issued, the child support 5,515
enforcement agency of the county shall collect the greater of two 5,516
per cent of the support payment to be collected under a support 5,517
order or one dollar per month from the obligor under the support 5,518
order. The child support enforcement agency and the court shall 5,519
enter into an agreement that provides for the application by 5,520
December 31, 1988, of that amount to all support orders issued 5,521
prior to October 5, 1987, unless the date for the application of 5,522
that amount to those orders is extended by mutual agreement 5,523
between the child support enforcement agency and the court. The 5,524
obligor shall pay the amount with every current support payment, 5,525
and with every payment on arrearages. If an obligor fails to pay 5,526
the required amount with each support payment due in increments 5,527
specified under the support order, the child support enforcement 5,528
agency shall maintain a separate arrearage account of that amount 5,529
for that obligor. The agency shall not deduct the unpaid amount 5,530
from any support payment due to the obligee in increments 5,531
specified under the support order. If an obligor pays the 5,532
required amount, the child support enforcement agency is not 5,533
required to apply that payment toward any arrearages under the 5,534
support payment. No moneys received by a child support 5,535
enforcement agency pursuant to this division shall be used for 5,536
any purpose other than the provision of funds for the 5,537
administration of its program of support enforcement. 5,538
(2) The board of county commissioners of each county shall 5,540
budget and appropriate to the child support enforcement agency 5,541
serving the county all of the following: 5,542
(a) Money collected pursuant to division (H)(G)(1) of this 5,544
section; 5,545
(b) All federal money payable to the county on the basis 5,547
of its success in collecting overdue support obligations, 5,548
establishing paternity, and implementing other activities related 5,549
131
to child support enforcement under Title IV-D of the Social 5,550
Security Act; 5,551
(c) Any funds that may be received from other federal or 5,553
state sources for the child support enforcement agency; 5,554
(d) Notwithstanding any provision of the Revised Code that 5,556
provides otherwise, all interest earned on moneys in the child 5,557
support enforcement agency's depository accounts. 5,558
(3) All moneys received from the federal or state 5,560
government for reimbursement for support enforcement activities 5,561
shall be used solely for support enforcement activities. 5,562
(4) A board of county commissioners may request that the 5,564
department of human services grant a waiver of the requirement 5,565
that the money specified in division (H)(G)(2)(b) of this section 5,567
be budgeted and appropriated to the child support enforcement 5,568
agency if the board can demonstrate, by meeting criteria 5,569
established by the department, that the child support enforcement 5,570
agency is effectively using procedures for establishing 5,571
paternity, meeting the mandated service needs of clients, and 5,572
complying with all applicable state and federal support rules and 5,573
regulations.
(I)(H) A child support enforcement agency may invest any 5,575
of the moneys collected pursuant to the performance of its duties 5,576
under sections 2301.34 to 2301.42 of the Revised Code in a 5,577
repurchase agreement in which a bank agrees to sell short-term 5,578
federally guaranteed securities with an obligation of the bank to 5,579
repurchase the securities. All interest derived pursuant to 5,580
investments made under this division shall be retained by the 5,581
child support enforcement agency and used solely for support 5,582
enforcement activities. 5,583
(J)(I)(1) Subject to division (J)(I)(2) of this section, 5,586
all support orders that are administered by a child support 5,587
enforcement agency designated under this section and are eligible 5,588
for Title IV-D services shall be Title IV-D cases under Title 5,589
IV-D of the "Social Security Act." Subject to division (J)(I)(2) 5,591
132
of this section, all obligees of support orders administered by 5,592
the child support enforcement agency shall be considered to have 5,593
filed a signed application for Title IV-D services. 5,594
(2) A court that, on or after July 1, 1990, issues or 5,596
modifies a support order shall require the obligee under the 5,597
order to sign, at the time of the issuance or modification of the 5,598
order, an application for Title IV-D services and to file, as 5,599
soon as possible, the signed application with the child support 5,600
enforcement agency that will administer the order. The 5,601
application shall be on a form prescribed by the department of 5,602
human services. A support order that is issued or modified on or 5,603
after July 1, 1990, that is administered by a child support 5,604
enforcement agency, and that is eligible for Title IV-D services 5,605
shall be a Title IV-D case under Title IV-D of the "Social 5,606
Security Act" only upon the filing of the signed application for 5,607
Title IV-D services. 5,608
(3) A child support enforcement agency shall make 5,610
available an application for Title IV-D services to all persons 5,611
requesting a child support enforcement agency's assistance in an 5,612
action under sections 3111.01 to 3111.19 of the Revised Code or 5,613
in an administrative proceeding brought under sections 3111.20 to 5,614
3111.29 of the Revised Code. 5,615
(K)(J)(1) As used in this section, "current support 5,617
payment" means the amount of support due an obligee that an 5,618
obligor is required to pay in a particular payment for the 5,619
current month as specified in a support order. "Current support 5,620
payment" does not include payments on arrearages under the 5,621
support order.
(2) As used in the Revised Code, "child support 5,623
enforcement agency" means the child support enforcement agency 5,624
designated under this section PRIOR TO THE EFFECTIVE DATE OF THIS 5,625
AMENDMENT OR A PRIVATE OR GOVERNMENT ENTITY DESIGNATED A CHILD 5,626
SUPPORT ENFORCEMENT AGENCY UNDER SECTION 307.981 OF THE REVISED 5,627
CODE ON OR AFTER THAT DATE.
133
Sec. 2301.351. (A) Each child support enforcement agency 5,636
designated under section 2301.35 of the Revised Code shall report 5,637
to the director of human services or to the county director of 5,638
human services the amounts of support payments required by a 5,639
court-ordered support order or an administrative support order to 5,640
be made to each person whose name or social security number or 5,641
other identification number is the same as that of a recipient of 5,642
public assistance whose name is submitted to the agency by the 5,643
director under section 5101.36 of the Revised Code. The agency 5,644
also shall report the name and social security number or other 5,645
identification number of the person responsible for the support 5,646
payments and the amounts of support payments made to third 5,647
parties on behalf of such persons, except for payments made to 5,648
the county department of human services. The agency shall comply 5,649
with the rules of the department of human services restricting 5,650
the disclosure of information concerning recipients of public 5,651
assistance. 5,652
(B) Each court or child support enforcement agency that 5,654
issues a court-ordered support order or an administrative support 5,655
order for the payment of support pursuant to Chapter 3115. or 5,656
section 2151.23, 2151.231, 2151.33, 3105.18, 3105.21, 3109.05, 5,657
3109.19, 3111.13, 3111.20, 3111.21, 3111.22, 3111.23, 3113.04, or 5,661
3113.31 of the Revised Code shall report to the director of human 5,662
services the name, address, and social security number or other 5,663
identification number of each person responsible for the support 5,664
payments under the support order, regardless of whether the 5,665
person to whom payments are to be made is a recipient of public 5,666
assistance. The report also shall indicate whether the support 5,667
order is being administered by the child support enforcement 5,668
agency of the county. 5,669
(C) The reports sent to the director pursuant to divisions 5,671
(A) and (B) of this section shall be maintained in accordance 5,672
with section 5101.311 of the Revised Code in an alphabetical list 5,673
of support orders by the division of child support in the 5,674
134
department of human services. 5,675
(D) For the purposes of this section: 5,677
(1) "Public assistance" means medical assistance under 5,679
section 5111.01 of the Revised Code, aid to dependent children 5,681
OHIO WORKS FIRST under Chapter 5107. of the Revised Code, or
disability assistance under Chapter 5115. of the Revised Code. 5,683
(2) "Administrative support order" means a support order 5,685
issued by a child support enforcement agency pursuant to section 5,686
3111.20, 3111.21, 3111.22, or 3111.23 of the Revised Code. 5,687
Sec. 2301.357. (A) Each child support enforcement agency 5,697
shall adopt a paternity compliance plan, establish a paternity 5,698
compliance unit, and submit the adopted plan to the division of 5,699
support of the department of human services in accordance with 5,700
the rules adopted pursuant to section 5101.324 of the Revised 5,701
Code, except that, if a child support enforcement agency 5,702
submitted a CORRECTIVE ACTION plan to the department pursuant to 5,703
division (E)(2)(B)(1) of section 2301.35 5101.24 of the Revised 5,705
Code and if that plan is currently in effect, the agency is not 5,707
required to comply with this division. 5,708
(B) The department of human services shall enter into a 5,710
contract with the department of health that requires the 5,711
department of health to enter into a contract with local 5,712
hospitals for the provision of staff by the hospitals to meet 5,713
with unmarried women who give birth in or en route to the 5,714
particular hospital. The contract between the department of 5,715
human services and the department of health shall provide for 5,716
reimbursement to the hospitals for the administrative cost of 5,717
providing staff to meet the responsibilities set forth in section 5,718
3727.17 of the Revised Code. The contract between the department 5,719
of health and a local hospital shall require all of the 5,720
following: 5,721
(1) That a hospital staff person meet with each unmarried 5,723
mother who gave birth in or en route to the hospital within 5,724
twenty-four hours of the birth or before the mother is released 5,725
135
from the hospital; 5,726
(2) That the staff person attempt to meet with the father 5,728
of the unmarried mother's child if possible; 5,729
(3) That the staff person explain to the unmarried mother 5,731
and the father, if he is present, the benefit to the child of 5,732
establishing a parent and child relationship between the father 5,733
and the child and the various proper procedures for establishing 5,734
a parent and child relationship; 5,735
(4) That the staff person present to the unmarried mother 5,737
and, if possible, the father a pamphlet or statement regarding 5,738
the rights and responsibilities of a natural parent that is 5,739
prepared and provided by the department of human services; 5,740
(5) That the staff person provide the mother and, if 5,742
possible, the father, all forms, statements, and agreements 5,743
necessary to voluntarily establish a parent and child 5,744
relationship, including, but not limited to, the acknowledgment 5,745
of paternity required by section 2105.18 of the Revised Code and 5,746
the voluntary agreement to be bound by the results of genetic 5,747
testing described in section 3111.21 of the Revised Code; 5,748
(6) That the staff person, at the request of both the 5,750
mother and father, help the mother and father complete any form, 5,751
statement, or agreement necessary to establish a parent and child 5,752
relationship; 5,753
(7) That the staff person present to an unmarried mother 5,755
who is not a recipient of medicaid or aid to dependent children 5,756
PARTICIPATING IN THE OHIO WORKS FIRST PROGRAM ESTABLISHED UNDER 5,758
CHAPTER 5107. OR RECEIVING MEDICAL ASSISTANCE UNDER CHAPTER 5111. 5,759
OF THE REVISED CODE an application for Title IV-D services; 5,760
(8) That the staff person forward any completed 5,762
acknowledgment of paternity to the probate court in the county in 5,763
which the child or the guardian or legal custodian of the child 5,764
resides. 5,765
Sec. 2301.36. (A) Upon issuing or modifying a support 5,774
order, issuing any withholding or deduction notice described in 5,775
136
division (D) of section 3113.21 of the Revised Code, or issuing a 5,776
court order described in division (D)(6) or (7) of that section, 5,777
the court shall require that support payments be made to the 5,778
child support enforcement agency of the county as trustee for 5,779
remittance to the person entitled to receive payments, except as 5,780
otherwise provided in sections 2151.49 and 3113.07 of the Revised 5,781
Code. Any payment of money by the person responsible for the 5,782
support payments under a support order to the person entitled to 5,783
receive the support payments that is not made to the child 5,784
support enforcement agency in accordance with the applicable 5,785
support order shall not be considered as a payment of support 5,786
and, unless the payment is made to discharge an obligation other 5,787
than support, shall be deemed to be a gift. Section 329.043 and 5,788
division (C) of section 3113.211 of the Revised Code apply to 5,789
support payments made to the child support enforcement agency. 5,790
(B) Upon issuing or modifying a support order, issuing any 5,792
withholding or deduction notice described in division (D) of 5,793
section 3113.21 of the Revised Code, or issuing a court order 5,794
described in division (D)(6) or (7) of that section or at any 5,795
time after the issuance or modification of the order, the court 5,796
may order the child support enforcement agency to transmit the 5,797
payments or make them payable to any third person that is either 5,798
agreed upon by the parties and approved by the court or appointed 5,799
by the court. Third persons include, but are not limited to, a 5,800
trustee, a custodian, the guardian of the estate of the child, 5,801
the county department of human services, county children's PUBLIC 5,802
CHILDREN services board AGENCY, or any appropriate social agency. 5,804
(C) Any person named pursuant to division (B) of this 5,806
section is entitled to receive the support payments. The court 5,807
may allow the person to receive a reasonable fee for services 5,808
rendered pursuant to this section. The person shall make 5,809
financial reports in connection with these services at the time 5,810
and in the manner prescribed by the court or as required by law. 5,811
(D) The parties affected by the support order shall inform 5,813
137
the child support enforcement agency of any change of name or 5,814
address or other change of conditions that may affect the 5,815
administration of the order. 5,816
(E) Any person entitled to receive support payments either 5,818
personally or on behalf of another person, by reason of any 5,819
support order that does not direct that payments be made to the 5,820
child support enforcement agency, may apply to the appropriate 5,821
agency for the administration of the order. Upon receipt of the 5,822
application, the agency has the same powers to administer the 5,823
order as it would have had if the order had been entered under 5,824
division (A) of this section. The agency shall notify the 5,825
obligor by any method of service authorized under the Civil Rules 5,826
to make all support payments due after service of the notice upon 5,827
him THE OBLIGOR to the agency. An obligor so notified by a child 5,829
support enforcement agency shall make all subsequent payments to 5,830
the agency unless the involved court, upon the obligor's 5,831
application filed within thirty days after service of the notice 5,832
upon him THE OBLIGOR, orders the agency not to administer the 5,833
support order.
Sec. 2301.37. (A) If the records maintained by a child 5,842
support enforcement agency under section 2301.35 of the Revised 5,843
Code indicate that an obligor is in default, the agency shall 5,844
comply with section 3113.21 of the Revised Code. 5,845
(B) If the court is required to issue a withholding or 5,847
deduction notice under division (D) of section 3113.21 of the 5,848
Revised Code or to issue a court order described in division 5,849
(D)(6) or (7) of that section and fails to do so, if the court 5,850
issued an order under division (B)(1) of section 3113.21 of the 5,851
Revised Code, as it existed immediately preceding December 1, 5,852
1986, or issues a withholding or deduction notice under division 5,853
(D) of section 3113.21 of the Revised Code or issues a court 5,854
order described in division (D)(6) or (7) of that section and the 5,855
court determines that the order, withholding or deduction notice 5,856
will not ensure payment of the support due under the child 5,857
138
support order, or if the obligor fails after the issuance of a 5,858
notice or court order under section 3113.21 of the Revised Code 5,859
to comply with the notice or court order, the court shall notify 5,860
the child support enforcement agency, and the agency shall notify 5,861
the obligee of the default, of the obligee's rights and remedies, 5,862
and that the child support enforcement agency is the agency 5,863
designated RESPONSIBLE in the county to provide for the 5,865
enforcement of ENFORCING support orders under section 2301.35 of 5,866
the Revised Code, Title IV-D of the "Social Security Act," 49 5,867
Stat. 620 (1935), 42 U.S.C. 301, as amended, and section 5101.31 5,868
of the Revised Code. The notice shall contain a printed 5,869
explanation of the provisions of sections 2301.37 to 2301.40 and 5,870
3113.21 of the Revised Code.
(C) No child support enforcement agency, solely because 5,872
the support due under a support order has not been paid or has 5,873
not been paid periodically or recently, shall consider, list, or 5,874
otherwise administer the support order or the case pertaining to 5,875
it as if either were closed or close the files or the case 5,876
pertaining to the support order. The department of human 5,877
services shall adopt, revise, or amend rules under Chapter 119. 5,878
of the Revised Code to assist in the implementation of this 5,879
division. 5,880
Sec. 2301.372. If a court or a child support enforcement 5,890
agency fails to comply with the requirements of section 2301.37 5,891
or 3113.21 of the Revised Code and if the rights to support have 5,892
been assigned to the department of human services under section 5,893
5107.07 5107.25 of the Revised Code or the responsibility for the 5,895
collection of support has been assumed under Title IV-D of the 5,896
"Social Security Act," 88 Stat. 2351 (1975), 42 U.S.C.A. 651, as 5,897
amended, the child support enforcement agency shall, unless the 5,898
office of the prosecuting attorney has been designated as the 5,899
child support enforcement agency for the county under section 5,900
2301.35 of the Revised Code, notify the prosecuting attorney of 5,901
the county in which the obligee resides. If the office of the 5,902
139
prosecuting attorney has been designated as the child support 5,903
enforcement agency, the board of county commissioners of the 5,904
county shall seek a writ of mandamus under Chapter 2731. of the 5,905
Revised Code directing the prosecuting attorney to comply with 5,906
the requirements of this section and section 2301.37 or 3113.21 5,907
of the Revised Code. Upon receipt of the notice or the issuance 5,908
of the writ of mandamus, the prosecuting attorney shall commence 5,909
either or both of the following: 5,910
(A) Proceedings under section 3113.21 of the Revised Code 5,912
requesting the issuance of one or more orders under division (D) 5,913
of that section; 5,914
(B) A civil action in the small claims division of the 5,916
municipal or county court within whose jurisdiction the obligor 5,917
resides. 5,918
Sec. 2329.66. (A) Every person who is domiciled in this 5,927
state may hold property exempt from execution, garnishment, 5,928
attachment, or sale to satisfy a judgment or order, as follows: 5,929
(1)(a) In the case of a judgment or order regarding money 5,931
owed for health care services rendered or health care supplies 5,932
provided to the person or a dependent of the person, one parcel 5,933
or item of real or personal property that the person or a 5,934
dependent of the person uses as a residence. Division (A)(1)(a) 5,935
of this section does not preclude, affect, or invalidate the 5,936
creation under this chapter of a judgment lien upon the exempted 5,937
property but only delays the enforcement of the lien until the 5,938
property is sold or otherwise transferred by the owner or in 5,939
accordance with other applicable laws to a person or entity other 5,940
than the surviving spouse or surviving minor children of the 5,941
judgment debtor. Every person who is domiciled in this state may 5,942
hold exempt from a judgment lien created pursuant to division 5,943
(A)(1)(a) of this section the person's interest, not to exceed 5,944
five thousand dollars, in the exempted property. 5,945
(b) In the case of all other judgments and orders, the 5,947
person's interest, not to exceed five thousand dollars, in one 5,948
140
parcel or item of real or personal property that the person or a 5,949
dependent of the person uses as a residence. 5,950
(2) The person's interest, not to exceed one thousand 5,952
dollars, in one motor vehicle; 5,953
(3) The person's interest, not to exceed two hundred 5,955
dollars in any particular item, in wearing apparel, beds, and 5,956
bedding, and the person's interest, not to exceed three hundred 5,957
dollars in each item, in one cooking unit and one refrigerator or 5,958
other food preservation unit; 5,959
(4)(a) The person's interest, not to exceed four hundred 5,961
dollars, in cash on hand, money due and payable, money to become 5,962
due within ninety days, tax refunds, and money on deposit with a 5,963
bank, savings and loan association, credit union, public utility, 5,964
landlord, or other person. Division (A)(4)(a) of this section 5,965
applies only in bankruptcy proceedings. This exemption may 5,966
include the portion of personal earnings that is not exempt under 5,967
division (A)(13) of this section. 5,968
(b) Subject to division (A)(4)(d) of this section, the 5,970
person's interest, not to exceed two hundred dollars in any 5,971
particular item, in household furnishings, household goods, 5,972
appliances, books, animals, crops, musical instruments, firearms, 5,973
and hunting and fishing equipment, that are held primarily for 5,974
the personal, family, or household use of the person. 5,975
(c) Subject to division (A)(4)(d) of this section, the 5,977
person's interest in one or more items of jewelry, not to exceed 5,978
four hundred dollars in one item of jewelry and not to exceed two 5,979
hundred dollars in every other item of jewelry. 5,980
(d) Divisions (A)(4)(b) and (c) of this section do not 5,982
include items of personal property listed in division (A)(3) of 5,983
this section. 5,984
If the person does not claim an exemption under division 5,986
(A)(1) of this section, the total exemption claimed under 5,987
division (A)(4)(b) of this section shall be added to the total 5,988
exemption claimed under division (A)(4)(c) of this section, and 5,989
141
the total shall not exceed two thousand dollars. If the person 5,990
claims an exemption under division (A)(1) of this section, the 5,991
total exemption claimed under division (A)(4)(b) of this section 5,992
shall be added to the total exemption claimed under division 5,993
(A)(4)(c) of this section, and the total shall not exceed one 5,994
thousand five hundred dollars. 5,995
(5) The person's interest, not to exceed an aggregate of 5,997
seven hundred fifty dollars, in all implements, professional 5,998
books, or tools of the person's profession, trade, or business, 5,999
including agriculture; 6,001
(6)(a) The person's interest in a beneficiary fund set 6,003
apart, appropriated, or paid by a benevolent association or 6,004
society, as exempted by section 2329.63 of the Revised Code; 6,005
(b) The person's interest in contracts of life or 6,007
endowment insurance or annuities, as exempted by section 3911.10 6,008
of the Revised Code; 6,009
(c) The person's interest in a policy of group insurance 6,011
or the proceeds of a policy of group insurance, as exempted by 6,012
section 3917.05 of the Revised Code; 6,013
(d) The person's interest in money, benefits, charity, 6,015
relief, or aid to be paid, provided, or rendered by a fraternal 6,016
benefit society, as exempted by section 3921.18 of the Revised 6,017
Code; 6,018
(e) The person's interest in the portion of benefits under 6,020
policies of sickness and accident insurance and in lump-sum 6,021
payments for dismemberment and other losses insured under those 6,022
policies, as exempted by section 3923.19 of the Revised Code. 6,023
(7) The person's professionally prescribed or medically 6,025
necessary health aids; 6,026
(8) The person's interest in a burial lot, including, but 6,028
not limited to, exemptions under section 517.09 or 1721.07 of the 6,029
Revised Code; 6,030
(9) The person's interest in the following: 6,032
(a) Moneys paid or payable for living maintenance or 6,034
142
rights, as exempted by section 3304.19 of the Revised Code; 6,035
(b) Workers' compensation, as exempted by section 4123.67 6,038
of the Revised Code; 6,039
(c) Unemployment compensation benefits, as exempted by 6,041
section 4141.32 of the Revised Code; 6,042
(d) Aid to dependent children CASH ASSISTANCE payments 6,045
UNDER THE WORK COMPONENT OF THE OHIO WORKS FIRST PROGRAM, as 6,047
exempted by section 5107.12 5107.75 of the Revised Code; 6,048
(e) Disability assistance payments, as exempted by section 6,050
5115.07 of the Revised Code. 6,051
(10)(a) Except in cases in which the person was convicted 6,053
of or pleaded guilty to a violation of section 2921.41 of the 6,054
Revised Code and in which an order for the withholding of 6,055
restitution from payments was issued under division (C)(2)(b) of 6,056
that section or in cases in which an order for withholding was 6,057
issued under section 2907.15 of the Revised Code, and only to the 6,058
extent provided in the order, and except as provided in sections 6,062
2929.181, 3105.171, 3105.63, 3111.23, and 3113.21 of the Revised 6,063
Code, the person's right to a pension, benefit, annuity, 6,064
retirement allowance, or accumulated contributions, the person's 6,065
right to a participant account in any deferred compensation 6,066
program offered by the Ohio public employees deferred 6,067
compensation board, a government unit, or a municipal 6,068
corporation, or the person's other accrued or accruing rights, as 6,069
exempted by section 145.56, 145.75, 146.13, 742.47, 3307.71, 6,070
3309.66, or 5505.22 of the Revised Code, and the person's right 6,071
to benefits from the firemen and policemen's death benefit fund; 6,072
(b) Except as provided in sections 3111.23 and 3113.21 of 6,075
the Revised Code, the person's right to receive a payment under 6,076
any pension, annuity, or similar plan or contract, not including 6,077
a payment from a stock bonus or profit-sharing plan or a payment 6,078
included in division (A)(6)(b) or (10)(a) of this section, on 6,079
account of illness, disability, death, age, or length of service, 6,080
to the extent reasonably necessary for the support of the person 6,081
143
and any of the person's dependents, except if all the following 6,082
apply: 6,083
(i) The plan or contract was established by or under the 6,085
auspices of an insider that employed the person at the time the 6,086
person's rights under the plan or contract arose. 6,087
(ii) The payment is on account of age or length of 6,089
service. 6,090
(iii) The plan or contract is not qualified under the 6,092
"Internal Revenue Code of 1986," 100 Stat. 2085, 26 U.S.C. 1, as 6,093
amended. 6,094
(c) Except for any portion of the assets that were 6,096
deposited for the purpose of evading the payment of any debt and 6,097
except as provided in sections 3111.23 and 3113.21 of the Revised 6,099
Code, the person's right in the assets held in, or to receive any 6,100
payment under, any individual retirement account, individual 6,101
retirement annuity, or Keogh or "H.R. 10" plan that provides 6,102
benefits by reason of illness, disability, death, or age, to the 6,103
extent reasonably necessary for the support of the person and any 6,104
of the person's dependents. 6,105
(11) The person's right to receive spousal support, child 6,107
support, an allowance, or other maintenance to the extent 6,108
reasonably necessary for the support of the person and any of the 6,109
person's dependents; 6,111
(12) The person's right to receive, or moneys received 6,113
during the preceding twelve calendar months from, any of the 6,114
following: 6,115
(a) An award of reparations under sections 2743.51 to 6,117
2743.72 of the Revised Code, to the extent exempted by division 6,118
(D) of section 2743.66 of the Revised Code; 6,119
(b) A payment on account of the wrongful death of an 6,121
individual of whom the person was a dependent on the date of the 6,122
individual's death, to the extent reasonably necessary for the 6,123
support of the person and any of the person's dependents; 6,124
(c) Except in cases in which the person who receives the 6,126
144
payment is an inmate, as defined in section 2969.21 of the 6,127
Revised Code, and in which the payment resulted from a civil 6,128
action or appeal against a government entity or employee, as 6,129
defined in section 2969.21 of the Revised Code, a payment, not to
exceed five thousand dollars, on account of personal bodily 6,131
injury, not including pain and suffering or compensation for 6,132
actual pecuniary loss, of the person or an individual for whom 6,133
the person is a dependent;
(d) A payment in compensation for loss of future earnings 6,135
of the person or an individual of whom the person is or was a 6,136
dependent, to the extent reasonably necessary for the support of 6,137
the debtor and any of the debtor's dependents. 6,138
(13) Except as provided in sections 3111.23 and 3113.21 of 6,141
the Revised Code, personal earnings of the person owed to the
person for services rendered within thirty days before the 6,143
issuing of an attachment or other process, the rendition of a 6,144
judgment, or the making of an order, under which the attempt may 6,145
be made to subject those earnings to the payment of a debt, 6,146
damage, fine, or amercement, in an amount equal to the greater of 6,147
the following amounts:
(a) If paid weekly, thirty times the current federal 6,149
minimum hourly wage; if paid biweekly, sixty times the current 6,150
federal minimum hourly wage; if paid semimonthly, sixty-five 6,151
times the current federal minimum hourly wage; or if paid 6,152
monthly, one hundred thirty times the current federal minimum 6,153
hourly wage that is in effect at the time the earnings are 6,154
payable, as prescribed by the "Fair Labor Standards Act of 1938," 6,155
52 Stat. 1060, 29 U.S.C. 206(a)(1), as amended; 6,156
(b) Seventy-five per cent of the disposable earnings owed 6,158
to the person. 6,159
(14) The person's right in specific partnership property, 6,161
as exempted by division (B)(3) of section 1775.24 of the Revised 6,162
Code; 6,163
(15) A seal and official register of a notary public, as 6,165
145
exempted by section 147.04 of the Revised Code; 6,166
(16) The person's interest in a tuition credit or a 6,168
payment under section 3334.09 of the Revised Code pursuant to a 6,169
tuition credit contract, as exempted by section 3334.15 of the 6,170
Revised Code;
(17) Any other property that is specifically exempted from 6,172
execution, attachment, garnishment, or sale by federal statutes 6,173
other than the "Bankruptcy Reform Act of 1978," 92 Stat. 2549, 11 6,174
U.S.C.A. 101, as amended; 6,175
(18) The person's interest, not to exceed four hundred 6,177
dollars, in any property, except that division (A)(18) of this 6,178
section applies only in bankruptcy proceedings. 6,179
(B) As used in this section: 6,181
(1) "Disposable earnings" means net earnings after the 6,183
garnishee has made deductions required by law, excluding the 6,184
deductions ordered pursuant to section 3111.23 or 3113.21 of the 6,186
Revised Code. 6,187
(2) "Insider" means: 6,189
(a) If the person who claims an exemption is an 6,191
individual, a relative of the individual, a relative of a general 6,192
partner of the individual, a partnership in which the individual 6,193
is a general partner, a general partner of the individual, or a 6,194
corporation of which the individual is a director, officer, or in 6,195
control; 6,196
(b) If the person who claims an exemption is a 6,198
corporation, a director or officer of the corporation; a person 6,199
in control of the corporation; a partnership in which the 6,200
corporation is a general partner; a general partner of the 6,201
corporation; or a relative of a general partner, director, 6,202
officer, or person in control of the corporation; 6,203
(c) If the person who claims an exemption is a 6,205
partnership, a general partner in the partnership; a general 6,206
partner of the partnership; a person in control of the 6,207
partnership; a partnership in which the partnership is a general 6,208
146
partner; or a relative in, a general partner of, or a person in 6,209
control of the partnership; 6,210
(d) An entity or person to which or whom any of the 6,212
following applies: 6,213
(i) The entity directly or indirectly owns, controls, or 6,215
holds with power to vote, twenty per cent or more of the 6,216
outstanding voting securities of the person who claims an 6,217
exemption, unless the entity holds the securities in a fiduciary 6,218
or agency capacity without sole discretionary power to vote the 6,219
securities or holds the securities solely to secure to debt and 6,220
the entity has not in fact exercised the power to vote. 6,221
(ii) The entity is a corporation, twenty per cent or more 6,223
of whose outstanding voting securities are directly or indirectly 6,224
owned, controlled, or held with power to vote, by the person who 6,225
claims an exemption or by an entity to which division 6,226
(B)(2)(d)(i) of this section applies. 6,227
(iii) A person whose business is operated under a lease or 6,229
operating agreement by the person who claims an exemption, or a 6,230
person substantially all of whose business is operated under an 6,231
operating agreement with the person who claims an exemption. 6,232
(iv) The entity operates the business or all or 6,234
substantially all of the property of the person who claims an 6,235
exemption under a lease or operating agreement. 6,236
(e) An insider, as otherwise defined in this section, of a 6,238
person or entity to which division (B)(2)(d)(i), (ii), (iii), or 6,239
(iv) of this section applies, as if the person or entity were a 6,240
person who claims an exemption; 6,241
(f) A managing agent of the person who claims an 6,243
exemption. 6,244
(3) "Participant account" has the same meaning as in 6,246
section 145.71 of the Revised Code. 6,247
(4) "Government unit" has the same meaning as in section 6,249
145.74 of the Revised Code. 6,250
(C) For purposes of this section, "interest" shall be 6,252
147
determined as follows: 6,253
(1) In bankruptcy proceedings, as of the date a petition 6,255
is filed with the bankruptcy court commencing a case under Title 6,256
11 of the United States Code; 6,257
(2) In all cases other than bankruptcy proceedings, as of 6,259
the date of an appraisal, if necessary under section 2329.68 of 6,260
the Revised Code, or the issuance of a writ of execution. 6,261
An interest, as determined under division (C)(1) or (2) of 6,263
this section, shall not include the amount of any lien otherwise 6,264
valid pursuant to section 2329.661 of the Revised Code. 6,265
Sec. 2715.041. (A) Upon the filing of a motion for an 6,274
order of attachment pursuant to section 2715.03 of the Revised 6,275
Code, the plaintiff shall file with the clerk of the court a 6,276
praecipe instructing the clerk to issue to the defendant against 6,277
whom the motion was filed a notice of the proceeding. Upon 6,278
receipt of the praecipe, the clerk shall issue the notice which 6,279
shall be in substantially the following form: 6,280
"(Name and Address of Court) 6,282
Case No................... 6,283
(Case Caption) 6,285
NOTICE 6,287
You are hereby notified that (name and address of 6,289
plaintiff), the plaintiff in this proceeding, has applied to this 6,290
court for the attachment of property in your possession. The 6,291
basis for this application is indicated in the documents that are 6,292
enclosed with this notice. 6,293
The law of Ohio and the United States provides that certain 6,295
benefit payments cannot be taken from you to pay a debt. Typical 6,296
among the benefits that cannot be attached or executed on by a 6,297
creditor are: 6,298
(1) Workers' compensation benefits; 6,300
(2) Unemployment compensation payments; 6,302
(3) Aid to dependent children (A.D.C.) CASH ASSISTANCE 6,304
PAYMENTS UNDER THE WORK COMPONENT OF THE OHIO WORKS FIRST 6,306
148
PROGRAM;
(4) Disability assistance administered by the Ohio 6,308
department of human services; 6,309
(5) Social security benefits; 6,311
(6) Supplemental security income (S.S.I.); 6,313
(7) Veteran's benefits; 6,315
(8) Black lung benefits; 6,317
(9) Certain pensions. 6,319
Additionally, your wages never can be taken to pay a debt 6,321
until a judgment has been obtained against you. There may be 6,322
other benefits not included in this list that apply in your case. 6,323
If you dispute the plaintiff's claim and believe that you 6,325
are entitled to retain possession of the property because it is 6,326
exempt or for any other reason, you may request a hearing before 6,327
this court by disputing the claim in the request for hearing form 6,328
appearing below, or in a substantially similar form, and 6,329
delivering the request for the hearing to this court, at the 6,330
office of the clerk of this court, not later than the end of the 6,331
fifth business day after you receive this notice. You may state 6,332
your reasons for disputing the claim in the space provided on the 6,333
form, but you are not required to do so. If you do state your 6,334
reasons for disputing the claim in the space provided on the 6,335
form, you are not prohibited from stating any other reasons at 6,336
the hearing, and if you do not state your reasons, it will not be 6,337
held against you by the court and you can state your reasons at 6,338
the hearing. 6,339
If you request a hearing, it will be conducted in 6,341
................... courtroom ........, (address of court), at 6,342
.............m. on ............., 19..... 6,343
You may avoid having a hearing but retain possession of the 6,345
property until the entry of final judgment in the action by 6,346
filing with the court, at the office of the clerk of this court, 6,347
not later than the end of the fifth business day after you 6,348
receive this notice, a bond executed by an acceptable surety in 6,349
149
the amount of $............ 6,350
If you do not request a hearing or file a bond on or before 6,352
the end of the fifth business day after you receive this notice, 6,353
the court, without further notice to you, may order a law 6,354
enforcement officer or bailiff to take possession of the 6,355
property. Notice of the dates, times, places, and purposes of 6,356
any subsequent hearings and of the date, time, and place of the 6,357
trial of the action will be sent to you. 6,358
.............................. 6,360
Clerk of the Court 6,361
Date: ......................." 6,362
(B) Along with the notice required by division (A) of this 6,364
section, the clerk of the court also shall deliver to the 6,365
defendant, in accordance with division (C) of this section, a 6,366
request for hearing form together with a postage-paid, 6,367
self-addressed envelope or a request for hearing form on a 6,368
postage-paid, self-addressed postcard. The request for hearing 6,369
shall be in substantially the following form: 6,370
"(Name and Address of Court) 6,372
Case Number ....................... Date ............... 6,374
REQUEST FOR HEARING 6,376
I dispute the claim for the attachment of property in the 6,378
above case and request that a hearing in this matter be held at 6,379
the time and place set forth in the notice that I previously 6,380
received. 6,381
I dispute the claim for the following reasons: 6,383
................................................................. 6,385
(Optional) 6,387
................................................................. 6,389
................................................................. 6,391
.............................. 6,392
(Name of Defendant) 6,393
............................. 6,395
(Signature) 6,396
150
.............................. 6,397
(Date) 6,398
6,399
WARNING: IF YOU DO NOT DELIVER THIS REQUEST FOR HEARING OR 6,401
A REQUEST IN A SUBSTANTIALLY SIMILAR FORM TO THE OFFICE OF THE 6,402
CLERK OF THIS COURT WITHIN FIVE (5) BUSINESS DAYS OF YOUR RECEIPT 6,403
OF IT, YOU WAIVE YOUR RIGHT TO A HEARING AT THIS TIME AND YOU MAY 6,404
BE REQUIRED TO GIVE UP THE PROPERTY SOUGHT WITHOUT A HEARING." 6,405
(C) The notice required by division (A) of this section 6,407
shall be served on the defendant in duplicate not less than seven 6,408
business days prior to the date on which the hearing is 6,409
scheduled, together with a copy of the complaint and summons, if 6,410
not previously served, and a copy of the motion for the 6,411
attachment of property and the affidavit attached to the motion, 6,412
in the same manner as provided in the Rules of Civil Procedure 6,413
for the service of process. Service may be effected by 6,414
publication as provided in the Rules of Civil Procedure except 6,415
that the number of weeks for publication may be reduced by the 6,416
court to the extent appropriate. 6,417
Sec. 2715.045. (A) Upon the filing of a motion for 6,426
attachment, a court may issue an order of attachment without 6,427
issuing notice to the defendant against whom the motion was filed 6,428
and without conducting a hearing if the court finds that there is 6,429
probable cause to support the motion and that the plaintiff that 6,430
filed the motion for attachment will suffer irreparable injury if 6,431
the order is delayed until the defendant against whom the motion 6,432
has been filed has been given the opportunity for a hearing. The 6,433
court's findings shall be based upon the motion and affidavit 6,434
filed pursuant to section 2715.03 of the Revised Code and any 6,435
other relevant evidence that it may wish to consider. 6,436
(B) A finding by the court that the plaintiff will suffer 6,438
irreparable injury may be made only if the court finds the 6,439
existence of either of the following circumstances: 6,440
(1) There is present danger that the property will be 6,442
151
immediately disposed of, concealed, or placed beyond the 6,443
jurisdiction of the court. 6,444
(2) The value of the property will be impaired 6,446
substantially if the issuance of an order of attachment is 6,447
delayed. 6,448
(C)(1) Upon the issuance by a court of an order of 6,450
attachment without notice and hearing pursuant to this section, 6,451
the plaintiff shall file the order with the clerk of the court, 6,452
together with a praecipe instructing the clerk to issue to the 6,453
defendant against whom the order was issued a copy of the motion, 6,454
affidavit, and order of attachment, and a notice that an order of 6,455
attachment was issued and that the defendant has a right to a 6,456
hearing on the matter. The clerk then immediately shall serve 6,457
upon the defendant, in the manner provided by the Rules of Civil 6,458
Procedure for service of process, a copy of the complaint and 6,459
summons, if not previously served, a copy of the motion, 6,460
affidavit, and order of attachment, and the following notice: 6,461
"(Name and Address of the Court) 6,463
(Case Caption) Case No. ..................... 6,465
NOTICE 6,468
You are hereby notified that this court has issued an order 6,470
in the above case in favor of (name and address of plaintiff), 6,471
the plaintiff in this proceeding, directing that property now in 6,472
your possession, be taken from you. This order was issued on the 6,473
basis of the plaintiff's claim against you as indicated in the 6,474
documents that are enclosed with this notice. 6,475
The law of Ohio and the United States provides that certain 6,477
benefit payments cannot be taken from you to pay a debt. Typical 6,478
among the benefits that cannot be attached or executed on by a 6,479
creditor are: 6,480
(1) Workers' compensation benefits; 6,482
(2) Unemployment compensation payments; 6,484
(3) Aid to dependent children (A.D.C.) CASH ASSISTANCE 6,486
PAYMENTS UNDER THE WORK COMPONENT OF THE OHIO WORKS FIRST 6,488
152
PROGRAM;
(4) Disability assistance administered by the Ohio 6,490
department of human services; 6,491
(5) Social security benefits; 6,493
(6) Supplemental security income (S.S.I.); 6,495
(7) Veteran's benefits; 6,497
(8) Black lung benefits; 6,499
(9) Certain pensions. 6,501
Additionally, your wages never can be taken to pay a debt 6,503
until a judgment has been obtained against you. There may be 6,504
other benefits not included in this list that apply in your case. 6,505
If you dispute the plaintiff's claim and believe that you 6,507
are entitled to possession of the property because it is exempt 6,508
or for any other reason, you may request a hearing before this 6,509
court by disputing the claim in the request for hearing form, 6,510
appearing below, or in a substantially similar form, and 6,511
delivering the request for hearing to this court at the above 6,512
address, at the office of the clerk of this court, no later than 6,513
the end of the fifth business day after you receive this notice. 6,514
You may state your reasons for disputing the claim in the space 6,515
provided on the form; however, you are not required to do so. If 6,516
you do state your reasons for disputing the claim, you are not 6,517
prohibited from stating any other reasons at the hearing, and if 6,518
you do not state your reasons, it will not be held against you by 6,519
the court and you can state your reasons at the hearing. If you 6,520
request a hearing, it will be held within three business days 6,521
after delivery of your request for hearing and notice of the 6,522
date, time, and place of the hearing will be sent to you. 6,523
You may avoid a hearing but recover and retain possession 6,525
of the property until the entry of final judgment in the action 6,526
by filing with the court, at the office of the clerk of this 6,527
court, not later than the end of the fifth business day after you 6,528
receive this notice, a bond executed by an acceptable surety in 6,529
the amount of $......... 6,530
153
If you do not request a hearing or file a bond before the 6,532
end of the fifth business day after you receive this notice, 6,533
possession of the property will be withheld from you during the 6,534
pendency of the action. Notice of the dates, times, places, and 6,535
purposes of any subsequent hearings and of the date, time, and 6,536
place of the trial of the action will be sent to you. 6,537
.............................. 6,538
Clerk of the Court 6,539
.............................. 6,540
Date" 6,541
(2) Along with the notice required by division (C)(1) of 6,543
this section, the clerk of the court also shall deliver to the 6,544
defendant a request for hearing form together with a 6,545
postage-paid, self-addressed envelope or a request for hearing 6,546
form on a postage-paid, self-addressed postcard. The request for 6,547
hearing shall be in substantially the following form: 6,548
"(Name and Address of Court) 6,550
Case Number ...................... Date ............. 6,552
REQUEST FOR HEARING 6,554
I dispute the claim for possession of property in the above 6,556
case and request that a hearing in this matter be held within 6,557
three business days after delivery of this request to the court. 6,558
I dispute the claim for the following reasons: 6,560
................................................................. 6,562
(Optional) 6,564
................................................................. 6,566
................................................................. 6,568
.............................. 6,570
(Name of Defendant) 6,571
.............................. 6,572
(Signature) 6,573
.............................. 6,574
(Date) 6,575
WARNING: IF YOU DO NOT DELIVER THIS REQUEST FOR HEARING OR 6,577
154
A REQUEST IN A SUBSTANTIALLY SIMILAR FORM TO THE OFFICE OF THE 6,578
CLERK OF THIS COURT WITHIN FIVE (5) BUSINESS DAYS OF YOUR RECEIPT 6,579
OF IT, YOU WAIVE YOUR RIGHT TO A HEARING AND POSSESSION OF THE 6,580
PROPERTY WILL BE WITHHELD FROM YOU DURING THE PENDENCY OF THE 6,581
ACTION." 6,582
(D) The defendant may receive a hearing in accordance with 6,584
section 2715.043 of the Revised Code by delivering a written 6,585
request for hearing to the court within five business days after 6,586
receipt of the notice provided pursuant to division (C) of this 6,587
section. The request may set forth the defendant's reasons for 6,588
disputing the plaintiff's claim for possession of property. 6,589
However, neither the defendant's inclusion of nor his failure to 6,591
include such reasons upon the request constitutes a waiver of any 6,592
defense of the defendant or affects the defendant's right to 6,593
produce evidence at any hearing or at the trial of the action. If 6,595
the request is made by the defendant, the court shall schedule a 6,596
hearing within three business days after the request is made,
send notice to the parties of the date, time, and place of the 6,597
hearing, and hold the hearing accordingly. 6,598
(E) If, after hearing, the court finds that there is not 6,600
probable cause to support the motion, it shall order that the 6,601
property be redelivered to the defendant without the condition of 6,602
bond. 6,603
Sec. 2716.13. (A) Upon the filing of a proceeding in 6,612
garnishment of property, other than personal earnings, under 6,613
section 2716.11 of the Revised Code, the court shall cause the 6,614
matter to be set for hearing within twelve days thereafter. 6,615
(B) Upon the scheduling of a hearing relative to a 6,617
proceeding in garnishment of property, other than personal 6,618
earnings, under division (A) of this section, the clerk of the 6,619
court immediately shall issue to the garnishee three copies of 6,620
the order of garnishment of property, other than personal 6,621
earnings, together with the garnishee's fee required by section 6,622
2716.12 of the Revised Code and with a written notice that the 6,623
155
garnishee answer as provided in section 2716.21 of the Revised 6,624
Code. The copies of the order and notice shall be served upon 6,625
the garnishee in the same manner as for the service of a summons. 6,626
In no case shall the order and notice be served later than seven 6,627
days prior to the date on which the hearing is scheduled. The 6,628
order shall bind the property, other than personal earnings, of 6,629
the judgment debtor in the possession of the garnishee at the 6,630
time of service. 6,631
The order of garnishment of property, other than personal 6,633
earnings, and notice to answer, three copies of which shall be 6,634
served upon the garnishee, shall be in substantially the 6,635
following form: 6,636
"ORDER AND NOTICE OF GARNISHMENT 6,638
OF PROPERTY OTHER THAN PERSONAL EARNINGS 6,639
AND ANSWER OF GARNISHEE 6,640
Docket No. ............. 6,642
Case No. ............... 6,643
In the ........... Court 6,644
.................., Ohio 6,645
The State of Ohio 6,646
County of ............, ss 6,647
..................., Judgment Creditor 6,648
vs 6,649
..................., Judgment Debtor 6,650
SECTION A. COURT ORDER AND NOTICE OF GARNISHMENT 6,651
To: ...................., Garnishee 6,652
The judgment creditor in the above case has filed an 6,654
affidavit, satisfactory to the undersigned, in the .............. 6,655
Court stating that you have money, property, or credits, other 6,656
than personal earnings, in your hands or under your control that 6,657
belong to the judgment debtor in the case, and that some of the 6,658
money, property, or credits may not be exempt from execution or 6,659
garnishment under the laws of the State of Ohio or the laws of 6,660
the United States. 6,661
156
You are therefore ordered to complete section (B) of this 6,663
form, and return the completed original of this form, together 6,664
with any amount shown due on it, to the ........... Court not 6,665
later than ........... Deliver one completed copy of this form 6,666
to the indicated judgment debtor. Keep the other copy for your 6,667
files. 6,668
The total probable amount now due on this judgment, 6,670
including interest and court costs, is $................ 6,671
You also are ordered to hold safely anything of value that 6,673
belongs to the indicated judgment debtor that has to be paid to 6,674
the court, as determined under section (B) of this form, but that 6,675
is of such a nature that it cannot be so delivered, until further 6,676
order of the court. 6,677
Witness my hand and the seal of this court this .......... 6,679
day of .........., 19...... 6,680
............................... 6,682
Judge 6,683
SECTION B. ANSWER OF GARNISHEE 6,685
Now comes ........., the garnishee who says: 6,687
1. That the garnishee has money, property, or credits, 6,689
other than personal earnings, of the indicated judgment debtor 6,690
under the garnishee's control and in the garnishee's possession. 6,691
.......... .......... ................................... 6,695
yes no if yes amount 6,698
2. Said property is described as: 6,701
3. If the answer to line 1 is "yes" and the amount is less 6,703
than the probable amount now due on the judgment, including 6,704
interest and costs, as indicated in section (A) of this form, 6,705
sign and return this form and pay the amount of line 1 to the 6,706
clerk of this court. 6,707
4. If the answer to line 1 is "yes" and the amount is 6,709
greater than that probable amount now due, sign and return this 6,710
form and pay that probable amount now due to the clerk of this 6,711
157
court. 6,712
5. If the answer to line 1 is "yes" but the money, 6,714
property, or credits are of such a nature that they cannot be 6,715
delivered to the clerk of the court, indicate that by placing an 6,716
"X" in this space: ...... Do not dispose of that money, 6,717
property, or credits or give them to anyone else until further 6,718
order of the court. 6,719
6. If the answer to line 1 is "no,"", sign and return this 6,721
form to the clerk of this court. 6,722
I certify that the statements above are true. 6,725
............................. 6,725
(Print Name of Garnishee) 6,727
............................. 6,729
(Print Name and Title of 6,731
Person Who Completed Form) 6,733
Signed .................................................... 6,735
(Signature of Person Completing Form) 6,737
Dated this .......... day of .......... 19....." 6,739
Section A of the form described in this division shall be 6,741
filled in before service. Section B of the form shall be filled 6,742
in by the garnishee and the original filed with the court as the 6,743
garnishee's answer. The garnishee may keep one completed copy 6,744
and shall deliver the other completed copy to the judgment 6,745
debtor.
If there are several orders of garnishment of property, 6,747
other than personal earnings, against the same judgment debtor, 6,748
they shall be issued in the same order in which they were 6,749
received by the clerk. 6,750
(C)(1) At the time of the filing of a proceeding in 6,752
garnishment of property, other than personal earnings, under 6,753
section 2716.11 of the Revised Code, the judgment creditor also 6,754
shall file with the clerk of the court a praecipe instructing the 6,755
clerk to issue to the judgment debtor a notice and a hearing 6,756
request form. Upon receipt of the praecipe and the scheduling of 6,757
158
a hearing relative to an action in garnishment of property, other 6,758
than personal earnings, under division (A) of this section, the 6,759
clerk of the court immediately shall serve upon the judgment 6,760
debtor, in accordance with division (D) of this section, two 6,761
copies of the notice to the judgment debtor and hearing request 6,762
form. In no case shall the copies of the notice and hearing 6,763
request form be served later than seven days prior to the date on 6,764
which the hearing is scheduled. 6,765
(a) The notice to the judgment debtor that must be served 6,767
upon the judgment debtor shall be in substantially the following 6,768
form: 6,769
"(Name and Address of the Court) 6,771
(Case Caption) ........... Case No. ........... 6,773
NOTICE TO THE JUDGMENT DEBTOR 6,775
You are hereby notified that this court has issued an order 6,777
in the above case in favor of (name and address of judgment 6,778
creditor), the judgment creditor in this proceeding, directing 6,779
that some of your money, property, or credits, other than 6,780
personal earnings, now in the possession of (name and address of 6,781
garnishee), the garnishee in this proceeding, be used to satisfy 6,782
your debt to the judgment creditor. This order was issued on the 6,783
basis of the judgment creditor's judgment against you that was 6,784
obtained in (name of court) in (case number) on (date). Upon 6,785
your receipt of this notice, you are prohibited from removing or 6,786
attempting to remove such money, property, or credits until 6,787
expressly permitted by the court. Any violation of this 6,788
prohibition subjects you to punishment for contempt of court. 6,789
The law of Ohio and the United States provides that certain 6,791
benefit payments cannot be taken from you to pay a debt. Typical 6,792
among the benefits that cannot be attached or executed upon by a 6,793
creditor are: 6,794
(1) Workers' compensation benefits; 6,796
(2) Unemployment compensation payments; 6,798
(3) Aid to dependent children (A.D.C.) CASH ASSISTANCE 6,800
159
PAYMENTS UNDER THE WORK COMPONENT OF THE OHIO WORKS FIRST 6,802
PROGRAM;
(4) Disability assistance administered by the Ohio 6,804
department of human services; 6,805
(5) Social security benefits; 6,807
(6) Supplemental security income (S.S.I.); 6,809
(7) Veteran's benefits; 6,811
(8) Black lung benefits; 6,813
(9) Certain pensions. 6,815
Additionally, wages under a certain amount may not be taken 6,817
to pay the debt. There may be other benefits not included in the 6,818
above list that apply in your case. 6,819
If you dispute the judgment creditor's right to garnish 6,821
your property and believe that the judgment creditor should not 6,822
be given your money, property, or credits, other than personal 6,823
earnings, now in the possession of the indicated garnishee 6,824
because they are exempt or if you feel that this order is 6,825
improper for any other reason, you may request a hearing before 6,826
this court by disputing the claim in the request for hearing 6,827
form, appearing below, or in a substantially similar form, and 6,828
delivering the request for hearing to this court at the above 6,829
address, at the office of the clerk of this court no later than 6,830
the end of the fifth business day after you receive this notice. 6,831
You may state your reasons for disputing the judgment creditor's 6,832
right to garnish your property in the space provided on the form 6,833
but you are not required to do so. If you do state your reasons 6,834
for disputing the judgment creditor's right, you are not 6,835
prohibited from stating any other reason at the hearing, and if 6,836
you do not state your reasons, it will not be held against you by 6,837
the court and you can state your reasons at the hearing. 6,838
If you request a hearing, the hearing will be limited to a 6,840
consideration of the amount of your money, property, or credits, 6,841
other than personal earnings, in the possession or control of the 6,842
indicated garnishee, if any, that can be used to satisfy all or 6,843
160
part of the judgment you owe to the judgment creditor. No 6,844
objections to the judgment itself will be heard or considered at 6,845
any such hearing. 6,846
If you request a hearing by delivering your request for 6,848
hearing no later than the end of the fifth business day after you 6,849
receive this notice, it will be conducted in .......... courtroom 6,850
.........., (address of court), at ..... m. on .........., 6,851
19...... You may request the court to conduct the hearing before 6,852
this date by indicating your request in the space provided on the 6,853
form; the court then will send you notice of any change in the 6,854
date, time, or place of the hearing. If you do not request a 6,855
hearing by delivering your request for hearing no later than the 6,856
end of the fifth business day after you receive this notice, some 6,857
of your money, property, or credits, other than personal 6,858
earnings, will be paid to the judgment creditor. 6,859
If you have any questions concerning this matter, you may 6,861
contact the office of the clerk of this court. If you want legal 6,862
representation, you should contact your lawyer immediately. If 6,863
you need the name of a lawyer, contact the local bar association. 6,864
.............................. 6,865
Clerk of the Court 6,866
.............................. 6,867
Date" 6,868
(b) The hearing request form that must be served upon the 6,870
judgment debtor shall have attached to it a postage-paid, 6,871
self-addressed envelope or shall be on a postage-paid 6,872
self-addressed postcard, and shall be in substantially the 6,873
following form: 6,874
"(Name and Address of Court) 6,876
Case Number.......... Date.......... 6,878
REQUEST FOR HEARING 6,880
I dispute the judgment creditor's right to garnish my 6,882
money, property, or credits, other than personal earnings, in the 6,883
above case and request that a hearing in this matter be held 6,885
161
........................................... the date and time set 6,885
(Insert "on" or "earlier than") 6,887
forth in the document entitled "NOTICE OF THE JUDGMENT DEBTOR" 6,889
that I received with this request form. 6,890
I dispute the judgment creditor's right to garnish my 6,893
property for the following reasons:
................................................................. 6,894
(Optional) 6,895
................................................................. 6,896
................................................................. 6,897
6,898
.............................. 6,899
(Name of Judgment Debtor) 6,900
.............................. 6,901
(Signature) 6,902
.............................. 6,903
(Date) 6,904
WARNING: IF YOU DO NOT DELIVER THIS REQUEST FOR HEARING OR 6,907
A REQUEST IN A SUBSTANTIALLY SIMILAR FORM TO THE OFFICE OF THE 6,908
CLERK OF THIS COURT WITHIN FIVE (5) BUSINESS DAYS OF YOUR RECEIPT 6,909
OF IT, YOU WAIVE YOUR RIGHT TO A HEARING AND SOME OF YOUR MONEY, 6,910
PROPERTY, OR CREDITS, OTHER THAN PERSONAL EARNINGS, NOW IN THE 6,911
POSSESSION OF (GARNISHEE'S NAME) WILL BE PAID TO (JUDGMENT 6,912
CREDITOR'S NAME) TO SATISFY SOME OF YOUR DEBT TO HIM (JUDGEMENT 6,914
JUDGMENT CREDITOR'S NAME)." 6,915
(2) The judgment debtor may receive a hearing in 6,917
accordance with this division by delivering a written request for 6,918
hearing to the court within five business days after receipt of 6,919
the notice provided pursuant to division (C)(1) of this section. 6,920
The request may set forth the judgment debtor's reasons for 6,921
disputing the judgment creditor's right to garnish the money, 6,922
property, or credits, other than wages; however, neither the 6,923
judgment debtor's inclusion of nor failure to include such 6,924
reasons upon the request constitutes a waiver of any defense of 6,925
162
the judgment debtor or affects the judgment debtor's right to 6,926
produce evidence at any hearing. If the request is made by the 6,927
judgment debtor within the prescribed time, the hearing shall be 6,928
limited to a consideration of the amount of money, property, or 6,929
credits, other than wages, of the judgment debtor in the hands of 6,930
the garnishee, if any, that can be used to satisfy all or part of 6,931
the debt owed by the judgment debtor to the judgment creditor. If 6,933
a request for a hearing is not received by the court within the 6,934
prescribed time, the hearing scheduled pursuant to division (A) 6,935
of this section shall be canceled unless the court grants the
judgment debtor a continuance in accordance with division (C)(3) 6,936
of this section. 6,937
(3) If the judgment debtor does not request a hearing in 6,939
the action within the prescribed time pursuant to division (C)(2) 6,940
of this section, the court nevertheless may grant a continuance 6,941
of the scheduled hearing if the judgment debtor, prior to the 6,942
time at which the hearing was scheduled, as indicated on the 6,943
notice to the judgment debtor required by division (C)(1) of this 6,944
section, establishes a reasonable justification for his failure 6,945
to request the hearing within the prescribed time. If the court 6,946
grants such a continuance of the hearing, it shall cause the 6,947
matter to be set for hearing as soon as practicable thereafter. 6,948
The continued hearing shall be conducted in accordance with 6,949
division (C)(2) of this section. 6,950
(4) The court may conduct the hearing on the matter prior 6,952
to the time at which the hearing was scheduled, as indicated on 6,953
the notice to the judgment debtor required by division (C)(1) of 6,954
this section, upon the request of the judgment debtor. The 6,955
parties shall be sent notice, by the clerk of the court, by 6,956
regular mail, of any change in the date, time, or place of the 6,957
hearing. 6,958
(5) If the scheduled hearing is canceled and no 6,960
continuance is granted, the court shall issue an order to the 6,961
garnishee to pay all or some of the money, property, or credits, 6,962
163
other than wages, of the judgment debtor in the possession of the 6,963
garnishee at the time of service of the notice and order into 6,964
court if they have not already been paid to the court. This 6,965
order shall be based on the answer of the garnishee filed 6,966
pursuant to this section. If the scheduled hearing is conducted 6,967
or if it is continued and conducted, the court shall determine at 6,968
the hearing the amount of the money, property, or credits, other 6,969
than wages, of the judgment debtor in the possession of the 6,970
garnishee at the time of service of the notice and order, if any, 6,971
that can be used to satisfy all or part of the debt owed by the 6,973
judgment debtor to the judgment creditor, and issue an order, 6,974
accordingly, to the garnishee to pay that amount into court if it 6,975
has not already been paid to the court.
(D) The notice to the judgment debtor and hearing request 6,977
form, as described in division (C) of this section, shall be sent 6,978
by the clerk by ordinary or regular mail service unless the 6,979
judgment creditor requests that service be made in accordance 6,980
with the Rules of Civil Procedure, in which case the notice and 6,981
form shall be served in accordance with the Rules of Civil 6,982
Procedure. Any court of common pleas that issues an order of 6,983
garnishment of property, other than personal earnings, under this 6,984
section has jurisdiction to serve process pursuant to this 6,985
section upon a garnishee who does not reside within the 6,986
jurisdiction of the court. Any county court or municipal court 6,987
that issues an order of garnishment of property, other than 6,988
personal earnings, under this section has jurisdiction to serve 6,989
process pursuant to this section upon a garnishee who does not 6,990
reside within the jurisdiction of the court. 6,991
Sec. 2901.30. (A) As used in sections 2901.30 to 2901.32 7,001
of the Revised Code: 7,002
(1) "Information" means information that can be integrated 7,004
into the computer system and that relates to the physical or 7,005
mental description of a minor including, but not limited to, 7,006
height, weight, color of hair and eyes, use of eyeglasses or 7,007
164
contact lenses, skin coloring, physical or mental handicaps, 7,008
special medical conditions or needs, abnormalities, problems, 7,009
scars and marks, and distinguishing characteristics, and other 7,010
information that could assist in identifying a minor including, 7,011
but not limited to, full name and nickname, date and place of 7,012
birth, age, names and addresses of parents and other relatives, 7,013
fingerprints, dental records, photographs, social security 7,014
number, driver's license number, credit card numbers, bank 7,015
account numbers, and clothing. 7,016
(2) "Minor" means a person under eighteen years of age. 7,018
(3) "Missing children" or "missing child" means either of 7,020
the following: 7,021
(a) A minor who has run away from or who otherwise is 7,023
missing from the home of, or the care, custody, and control of, 7,024
the minor's parents, parent who is the residential parent and 7,025
legal custodian, guardian, legal custodian, or other person 7,026
having responsibility for the care of the minor; 7,027
(b) A minor who is missing and about whom there is reason 7,029
to believe the minor could be the victim of a violation of 7,030
section 2905.01, 2905.02, 2905.03, or 2919.23 of the Revised Code 7,032
or of a violation of section 2905.04 of the Revised Code as it 7,033
existed prior to the effective date of this amendment.
(B) When a law enforcement agency in this state that has 7,035
jurisdiction in the matter is informed that a minor is or may be 7,036
a missing child and that the person providing the information 7,037
wishes to file a missing child report, the law enforcement agency 7,038
shall take that report. Upon taking the report, the law 7,039
enforcement agency shall take prompt action upon it, including, 7,040
but not limited to, concerted efforts to locate the missing 7,041
child. No law enforcement agency in this state shall have a rule 7,042
or policy that prohibits or discourages the filing of or the 7,043
taking of action upon a missing child report, within a specified 7,044
period following the discovery or formulation of a belief that a 7,045
minor is or could be a missing child. 7,046
165
(C) If a missing child report is made to a law enforcement 7,048
agency in this state that has jurisdiction in the matter, the law 7,049
enforcement agency shall gather readily available information 7,050
about the missing child and integrate it into the national crime 7,051
information center computer within twelve hours following the 7,052
making of the report. The law enforcement agency shall make 7,053
reasonable efforts to acquire additional information about the 7,054
missing child following the transmittal of the initially 7,055
available information, and promptly integrate any additional 7,056
information acquired into such computer systems. 7,057
Whenever a law enforcement agency integrates information 7,059
about a missing child into the national crime information center 7,060
computer, the law enforcement agency promptly shall notify the 7,061
missing child's parents, parent who is the residential parent and 7,062
legal custodian, guardian, or legal custodian, or any other 7,063
person responsible for the care of the missing child, that it has 7,064
so integrated the information. 7,065
The parents, parent who is the residential parent and legal 7,067
custodian, guardian, legal custodian, or other person responsible 7,068
for the care of the missing child shall provide available 7,069
information upon request, and may provide information 7,070
voluntarily, to the law enforcement agency during the information 7,071
gathering process. The law enforcement agency also may obtain 7,072
available information about the missing child from other persons, 7,073
subject to constitutional and statutory limitations. 7,074
(D) Upon the filing of a missing child report, the law 7,076
enforcement agency involved promptly shall make a reasonable 7,077
attempt to notify other law enforcement agencies within its 7,078
county and, if the agency has jurisdiction in a municipal 7,079
corporation or township that borders another county, to notify 7,080
the law enforcement agency for the municipal corporation or 7,081
township in the other county with which it shares the border, 7,082
that it has taken a missing child report and may be requesting 7,083
assistance or cooperation in the case, and provide relevant 7,084
166
information to the other law enforcement agencies. The agency 7,085
may notify additional law enforcement agencies, appropriate 7,086
county PUBLIC children services boards, and appropriate county 7,088
departments of human services exercising children services 7,089
functions AGENCIES, about the case, request their assistance or 7,090
cooperation in the case, and provide them with relevant 7,091
information. 7,092
Upon request from a law enforcement agency, a county PUBLIC 7,094
children services board or a county department of human services 7,095
exercising children services functions AGENCY shall grant the law 7,096
enforcement agency access to all information concerning a missing 7,097
child that the board or department AGENCY possesses that may be 7,098
relevant to the law enforcement agency in investigating a missing 7,100
child report concerning that child. The information obtained by 7,101
the law enforcement agency shall be used only to further the 7,102
investigation to locate the missing child. 7,103
(E) Upon request, law enforcement agencies in this state 7,105
shall provide assistance to, and cooperate with, other law 7,106
enforcement agencies in their investigation of missing child 7,107
cases. 7,108
The information in any missing child report made to a law 7,110
enforcement agency shall be made available, upon request, to law 7,111
enforcement personnel of this state, other states, and the 7,112
federal government when the law enforcement personnel indicate 7,113
that the request is to aid in identifying or locating a missing 7,114
child or the possible identification of a deceased minor who, 7,115
upon discovery, cannot be identified. 7,116
(F) When a missing child has not been located within 7,118
thirty days after the date on which the missing child report 7,119
pertaining to the child was filed with a law enforcement agency, 7,120
that law enforcement agency shall request the missing child's 7,122
parents, parent who is the residential parent and legal 7,123
custodian, guardian, or legal custodian, or any other person 7,124
responsible for the care of the missing child, to provide written 7,125
167
consent for the law enforcement agency to contact the missing 7,126
child's dentist and request the missing child's dental records. 7,127
Upon receipt of such written consent, the dentist shall release a 7,128
copy of the missing child's dental records to the law enforcement 7,129
agency and shall provide and encode the records in such form as 7,130
requested by the law enforcement agency. The law enforcement 7,131
agency then shall integrate information in the records into the 7,132
national crime information center computer in order to compare 7,133
the records to those of unidentified deceased persons. This 7,134
division does not prevent a law enforcement agency from seeking 7,135
consent to obtain copies of a missing child's dental records, or 7,136
prevent a missing child's parents, parent who is the residential 7,137
parent and legal custodian, guardian, or legal custodian, or any 7,138
other person responsible for the care of the missing child, from 7,139
granting consent for the release of copies of the missing child's 7,140
dental records to a law enforcement agency, at any time. 7,141
(G) A missing child's parents, parent who is the 7,143
residential parent and legal custodian, guardian, or legal 7,144
custodian, or any other persons responsible for the care of a 7,145
missing child, immediately shall notify the law enforcement 7,146
agency with which they filed the missing child report whenever 7,147
the child has returned to their home or to their care, custody, 7,148
and control, has been released if the missing child was the 7,149
victim of an offense listed in division (A)(3)(b) of this 7,151
section, or otherwise has been located. Upon such notification 7,152
or upon otherwise learning that a missing child has returned to 7,153
the home of, or to the care, custody, and control of the missing 7,154
child's parents, parent who is the residential parent and legal 7,156
custodian, guardian, legal custodian, or other person responsible 7,157
for the missing child's care, has been released if THE MISSING 7,159
CHILD was the victim of an offense listed in division (A)(3)(b) 7,161
of this section, or otherwise has been located, the law
enforcement agency involved promptly shall integrate the fact 7,162
that the minor no longer is a missing child into the national 7,163
168
crime information center computer. 7,164
(H) Nothing contained in this section shall be construed 7,166
to impair the confidentiality of services provided to runaway 7,167
minors by shelters for runaway minors pursuant to sections 7,168
5119.64 to 5119.68 of the Revised Code. 7,169
Sec. 2921.13. (A) No person shall knowingly make a false 7,178
statement, or knowingly swear or affirm the truth of a false 7,179
statement previously made, when any of the following applies: 7,180
(1) The statement is made in any official proceeding. 7,182
(2) The statement is made with purpose to incriminate 7,184
another. 7,185
(3) The statement is made with purpose to mislead a public 7,187
official in performing the public official's official function. 7,188
(4) The statement is made with purpose to secure the 7,190
payment of unemployment compensation, aid to dependent children 7,191
OHIO WORKS FIRST, disability assistance, retirement benefits, 7,193
economic development assistance, as defined in section 9.66 of
the Revised Code, or other benefits administered by a 7,194
governmental agency or paid out of a public treasury. 7,196
(5) The statement is made with purpose to secure the 7,198
issuance by a governmental agency of a license, permit, 7,199
authorization, certificate, registration, release, or provider 7,200
agreement. 7,201
(6) The statement is sworn or affirmed before a notary 7,203
public or another person empowered to administer oaths. 7,204
(7) The statement is in writing on or in connection with a 7,206
report or return that is required or authorized by law. 7,207
(8) The statement is in writing and is made with purpose 7,209
to induce another to extend credit to or employ the offender, to 7,210
confer any degree, diploma, certificate of attainment, award of 7,212
excellence, or honor on the offender, or to extend to or bestow 7,213
upon the offender any other valuable benefit or distinction, when 7,214
the person to whom the statement is directed relies upon it to 7,215
that person's detriment.
169
(9) The statement is made with purpose to commit or 7,217
facilitate the commission of a theft offense. 7,218
(10) The statement is knowingly made to a probate court in 7,220
connection with any action, proceeding, or other matter within 7,221
its jurisdiction, either orally or in a written document, 7,222
including, but not limited to, an application, petition, 7,223
complaint, or other pleading, or an inventory, account, or 7,224
report. 7,225
(11) The statement is made on an account, form, record, 7,227
stamp, label, or other writing that is required by law. 7,228
(12)(19) The statement is made in connection with the 7,230
purchase of a firearm, as defined in section 2923.11 of the 7,232
Revised Code, and in conjunction with the furnishing to the 7,233
seller of the firearm of a fictitious or altered driver's or 7,234
commercial driver's license or permit, a fictitious or altered
identification card, or any other document that contains false 7,235
information about the purchaser's identity. 7,236
(20)(13) The statement is made in a document or instrument 7,238
of writing that purports to be a judgment, lien, or claim of 7,240
indebtedness and is filed or recorded with the secretary of 7,241
state, a county recorder, or the clerk of a court of record. 7,242
(B) No person, in connection with the purchase of a 7,244
firearm, as defined in section 2923.11 of the Revised Code, shall 7,246
knowingly furnish to the seller of the firearm a fictitious or 7,247
altered driver's or commercial driver's license or permit, a 7,248
fictitious or altered identification card, or any other document
that contains false information about the purchaser's identity. 7,249
(C) It is no defense to a charge under division (A)(4) of 7,251
this section that the oath or affirmation was administered or 7,252
taken in an irregular manner. 7,253
(D) If contradictory statements relating to the same fact 7,256
are made by the offender within the period of the statute of
limitations for falsification, it is not necessary for the 7,257
prosecution to prove which statement was false but only that one 7,258
170
or the other was false. 7,259
(E)(1) Whoever violates division (A)(1), (2), (3), (4), 7,261
(5), (6), (7), (8), (10), or (11), or (20)(13) of this section is 7,263
guilty of falsification, a misdemeanor of the first degree. 7,264
(2) Whoever violates division (A)(9) of this section is 7,266
guilty of falsification in a theft offense. Except as otherwise 7,267
provided in this division, falsification in a theft offense is a 7,269
misdemeanor of the first degree. If the value of the property or
services stolen is five hundred dollars or more and is less than 7,270
five thousand dollars, falsification in a theft offense is a 7,271
felony of the fifth degree. If the value of the property or 7,272
services stolen is five thousand dollars or more and is less than 7,273
one hundred thousand dollars, falsification in a theft offense is 7,274
a felony of the fourth degree. If the value of the property or
services stolen is one hundred thousand dollars or more, 7,275
falsification in a theft offense is a felony of the third degree. 7,276
(3)(4) Whoever violates division (A)(12)(19) or (B) of 7,279
this section is guilty of falsification to purchase a firearm, a
felony of the fifth degree. 7,280
(F) A person who violates this section is liable in a 7,282
civil action to any person harmed by the violation for injury, 7,283
death, or loss to person or property incurred as a result of the 7,285
commission of the offense and for reasonable attorney's fees, 7,286
court costs, and other expenses incurred as a result of 7,287
prosecuting the civil action commenced under this division. A
civil action under this division is not the exclusive remedy of a 7,288
person who incurs injury, death, or loss to person or property as 7,289
a result of a violation of this section. 7,290
Sec. 2951.02. (A)(1) In determining whether to suspend a 7,300
sentence of imprisonment imposed upon an offender for a
misdemeanor and place the offender on probation or whether to 7,302
otherwise suspend a sentence of imprisonment imposed upon an
offender for a misdemeanor pursuant to division (A) of section 7,303
2929.51 of the Revised Code, the court shall consider the risk 7,304
171
that the offender will commit another offense and the need for 7,305
protecting the public from the risk, the nature and circumstances 7,306
of the offense, and the history, character, and condition of the 7,307
offender. 7,308
(2) An offender who has been convicted of or pleaded 7,310
guilty to a misdemeanor shall not be placed on probation and 7,311
shall not otherwise have the sentence of imprisonment imposed 7,312
upon the offender suspended pursuant to division (A) of section 7,314
2929.51 of the Revised Code if any of the following applies: 7,316
(a) The offender is a repeat or dangerous offender, as 7,319
defined in section 2935.36 of the Revised Code. 7,320
(b) The misdemeanor offense involved was not a violation 7,323
of section 2923.12 of the Revised Code and was committed while 7,324
the offender was armed with a firearm or dangerous ordnance, as 7,325
defined in section 2923.11 of the Revised Code. 7,327
(c) Under division (C) of section 2903.07 of the Revised 7,329
Code, the offender is not eligible for probation. 7,330
(B) The following do not control the court's discretion 7,332
but the court shall consider them in favor of placing an offender 7,333
who has been convicted of or pleaded guilty to a misdemeanor on 7,334
probation or in favor of otherwise suspending the offender's 7,335
sentence of imprisonment pursuant to division (A) of section 7,336
2929.51 of the Revised Code: 7,337
(1) The offense neither caused nor threatened serious harm 7,339
to persons or property, or the offender did not contemplate that 7,340
it would do so. 7,341
(2) The offense was the result of circumstances unlikely 7,343
to recur. 7,344
(3) The victim of the offense induced or facilitated it. 7,346
(4) There are substantial grounds tending to excuse or 7,348
justify the offense, though failing to establish a defense. 7,349
(5) The offender acted under strong provocation. 7,351
(6) The offender has no history of prior delinquency or 7,353
criminal activity, or has led a law-abiding life for a 7,354
172
substantial period before commission of the present offense. 7,355
(7) The offender is likely to respond affirmatively to 7,357
probationary or other court-imposed treatment. 7,358
(8) The character and attitudes of the offender indicate 7,360
that the offender is unlikely to commit another offense. 7,361
(9) The offender has made or will make restitution or 7,363
reparation to the victim of the offender's offense for the 7,364
injury, damage, or loss sustained. 7,365
(10) Imprisonment of the offender will entail undue 7,367
hardship to the offender or the offender's dependents. 7,368
(C)(1)(a) When an offender who has been convicted of or 7,370
pleaded guilty to a misdemeanor is placed on probation or the 7,372
sentence of that type of offender otherwise is suspended pursuant 7,373
to division (A) of section 2929.51 of the Revised Code, the 7,375
probation or other suspension shall be at least on condition 7,376
that, during the period of probation or other suspension, the 7,377
offender shall abide by the law, including, but not limited to, 7,378
complying with the provisions of Chapter 2923. of the Revised 7,379
Code relating to the possession, sale, furnishing, transfer, 7,380
disposition, purchase, acquisition, carrying, conveying, or use 7,381
of, or other conduct involving, a firearm or dangerous ordnance,
as defined in section 2923.11 of the Revised Code, and shall not 7,382
leave the state without the permission of the court or the 7,385
offender's probation officer. In the interests of doing justice,
rehabilitating the offender, and ensuring the offender's good 7,386
behavior, the court may impose additional requirements on the 7,387
offender, including, but not limited to, requiring the offender 7,388
to make restitution pursuant to section 2929.21 of the Revised 7,389
Code for all or part of the property damage that is caused by the 7,391
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 7,392
division (K) of section 2913.01 of the Revised Code, that the 7,393
offender committed. Compliance with the additional requirements 7,394
also shall be a condition of the offender's probation or other 7,395
173
suspension. 7,396
(b) When an offender who has been convicted of or pleaded 7,398
guilty to a felony is sentenced to a nonresidential sanction 7,399
pursuant to section 2929.17 of the Revised Code, the court shall 7,401
impose as a condition of the sanction that, during the period of 7,402
the nonresidential sanction, the offender shall abide by the law, 7,403
including, but not limited to, complying with the provisions of 7,404
Chapter 2923. of the Revised Code identified in division 7,406
(C)(1)(a) of this section. 7,407
(2) During the period of a misdemeanor offender's 7,409
probation or other suspension or during the period of a felon's 7,410
nonresidential sanction, authorized probation officers who are 7,412
engaged within the scope of their supervisory duties or 7,413
responsibilities may search, with or without a warrant, the 7,414
person of the offender, the place of residence of the offender,
and a motor vehicle, another item of tangible or intangible 7,415
personal property, or other real property in which the offender 7,416
has a right, title, or interest or for which the offender has the 7,417
express or implied permission of a person with a right, title, or 7,419
interest to use, occupy, or possess if the probation officers
have reasonable grounds to believe that the offender is not 7,420
abiding by the law or otherwise is not complying with the 7,421
conditions of the offender's probation or other suspension or the 7,423
conditions of the offender's nonresidential sanction. If a felon 7,424
who is sentenced to a nonresidential sanction is under the
general control and supervision of the adult parole authority, as 7,425
described in division (A)(2)(a) of section 2929.15 of the Revised 7,426
Code, adult parole authority field officers with supervisory 7,427
responsibilities over the felon shall have the same search 7,428
authority relative to the felon during the period of the sanction 7,429
as is described under this division for probation officers. The 7,430
court that places the offender on probation or suspends the 7,432
misdemeanor offender's sentence of imprisonment pursuant to
division (D)(2) or (4) of section 2929.51 of the Revised Code or 7,434
174
that sentences the felon to a nonresidential sanction pursuant to 7,435
section 2929.17 of the Revised Code shall provide the offender 7,436
with a written notice that informs the offender that authorized 7,437
probation officers or adult parole authority field officers with 7,438
supervisory responsibilities over the offender who are engaged 7,439
within the scope of their supervisory duties or responsibilities 7,440
may conduct those types of searches during the period of 7,442
probation or other suspension or during the period of the 7,443
nonresidential sanction if they have reasonable grounds to 7,444
believe that the offender is not abiding by the law or otherwise 7,445
is not complying with the conditions of the offender's probation
or other suspension or the conditions of the offender's 7,446
nonresidential sanction. 7,447
(D) The following do not control the court's discretion 7,449
but the court shall consider them against placing an offender who 7,450
has been convicted of or pleaded guilty to a misdemeanor on 7,451
probation and against otherwise suspending the offender's 7,452
sentence of imprisonment pursuant to division (A) of section 7,453
2929.51 of the Revised Code:
(1) The offender recently violated the conditions of 7,455
pardon, post-release control pursuant to section 2967.28 of the 7,457
Revised Code, or a probation or suspension pursuant to division 7,459
(A) of section 2929.51 of the Revised Code, previously granted 7,460
the offender.
(2) There is a substantial risk that, while at liberty 7,462
during the period of probation or other suspension, the offender 7,463
will commit another offense. 7,464
(3) The offender is in need of correctional or 7,466
rehabilitative treatment that can be provided best by the 7,467
offender's commitment to a locally governed and operated 7,468
residential facility.
(4) Regardless of whether the offender knew the age of the 7,470
victim, the victim of the offense was sixty-five years of age or 7,471
older or permanently and totally disabled at the time of the 7,472
175
commission of the offense. 7,473
(E) The criteria listed in divisions (B) and (D) of this 7,475
section shall not be construed to limit the matters that may be 7,476
considered in determining whether to suspend sentence of 7,477
imprisonment and place an offender who has been convicted of or 7,478
pleaded guilty to a misdemeanor on probation or whether to 7,479
otherwise suspend the offender's sentence of imprisonment 7,480
pursuant to division (A) of section 2929.51 of the Revised Code. 7,482
(F)(1) When an offender is convicted of or pleads guilty 7,486
to a misdemeanor, the court may require the offender, as a 7,487
condition of probation or as a condition of otherwise suspending 7,488
the offender's sentence pursuant to division (A) of section 7,489
2929.51 of the Revised Code, in addition to the conditions of 7,490
probation or other suspension imposed pursuant to division (C) of 7,491
this section, to perform supervised community service work under 7,492
the authority of health districts, park districts, counties, 7,493
municipal corporations, townships, other political subdivisions 7,494
of the state, or agencies of the state or any of its political 7,495
subdivisions, or under the authority of charitable organizations 7,496
that render services to the community or its citizens, in 7,497
accordance with this division. Supervised community service work 7,498
shall not be required as a condition of probation or other 7,499
suspension under this division unless the offender agrees to 7,500
perform the work offered as a condition of probation or other 7,501
suspension by the court. The court may require an offender who 7,502
agrees to perform the work to pay to it a reasonable fee to cover 7,503
the costs of the offender's participation in the work, including, 7,504
but not limited to, the costs of procuring a policy or policies 7,505
of liability insurance to cover the period during which the 7,506
offender will perform the work.
A court may permit any offender convicted of a misdemeanor 7,508
to satisfy the payment of a fine imposed for the offense by 7,509
performing supervised community service work as described in this 7,510
division if the offender requests an opportunity to satisfy the 7,511
176
payment by this means and if the court determines the offender is 7,512
financially unable to pay the fine. 7,513
The supervised community service work that may be imposed 7,515
under this division shall be subject to the following 7,516
limitations: 7,517
(a) The court shall fix the period of the work and, if 7,519
necessary, shall distribute it over weekends or over other 7,520
appropriate times that will allow the offender to continue at the 7,521
offender's occupation or to care for the offender's family. The 7,522
period of the work as fixed by the court shall not exceed an 7,523
aggregate of two hundred hours. 7,524
(b) An agency, political subdivision, or charitable 7,526
organization must agree to accept the offender for the work 7,527
before the court requires the offender to perform the work for 7,528
the entity. A court shall not require an offender to perform 7,529
supervised community service work for an agency, political 7,530
subdivision, or charitable organization at a location that is an 7,531
unreasonable distance from the offender's residence or domicile, 7,532
unless the offender is provided with transportation to the 7,533
location where the work is to be performed. 7,534
(c) A court may enter into an agreement with a county 7,536
department of human services for the management, placement, and 7,537
supervision of offenders eligible for community service work in 7,538
department of human services programs established pursuant to 7,540
WORK ACTIVITIES, DEVELOPMENTAL ACTIVITIES, AND ALTERNATIVE WORK 7,542
ACTIVITIES UNDER sections 5101.80 5107.40 to 5101.94 or section 7,543
5101.21 or 5107.30 5107.68 of the Revised Code. If a court and a 7,544
county department of human services have entered into an 7,545
agreement of that nature, the clerk of that court is authorized 7,546
to pay directly to the department of human services all or a 7,547
portion of the fees collected by the court pursuant to this 7,548
division in accordance with the terms of its agreement. 7,549
(d) Community service work that a court requires under 7,551
this division shall be supervised by an official of the agency, 7,552
177
political subdivision, or charitable organization for which the 7,553
work is performed or by a person designated by the agency, 7,554
political subdivision, or charitable organization. The official 7,555
or designated person shall be qualified for the supervision by 7,556
education, training, or experience, and periodically shall 7,557
report, in writing, to the court and to the offender's probation 7,558
officer concerning the conduct of the offender in performing the 7,559
work. 7,560
(2) When an offender is convicted of a felony, the court 7,562
may impose pursuant to sections 2929.15 and 2929.17 of the 7,563
Revised Code a sanction that requires the offender to perform 7,564
supervised community service work in accordance with this 7,565
division and under the authority of any agency, political 7,566
subdivision, or charitable organization as described in division 7,567
(F)(1) of this section. The court may require an offender who is 7,568
ordered to perform the work to pay to it a reasonable fee to 7,569
cover the costs of the offender's participation in the work, 7,570
including, but not limited to, the costs of procuring a policy or 7,571
policies of liability insurance to cover the period during which 7,572
the offender will perform the work. 7,573
A court may permit an offender convicted of a felony to 7,575
satisfy the payment of a fine imposed for the offense pursuant to 7,576
section 2929.18 of the Revised Code by performing supervised 7,577
community service work as described in this division if the court 7,579
determines that the offender is financially unable to pay the 7,580
fine.
The supervised community service work that may be imposed 7,582
under this division shall be subject to the limitations specified 7,583
in divisions (F)(1)(a) to (d) of this section, except that the 7,584
court is not required to obtain the agreement of the offender to 7,585
impose supervised community work as a sanction. Additionally, 7,586
the total of any period of supervised community service work 7,587
imposed on an offender under this division plus the period of all 7,588
other sanctions imposed pursuant to sections 2929.15, 2929.16, 7,589
178
2929.17, and 2929.18 of the Revised Code shall not exceed five
years.
(G)(1) When an offender is convicted of a violation of 7,591
section 4511.19 of the Revised Code, a municipal ordinance 7,592
relating to operating a vehicle while under the influence of 7,593
alcohol, a drug of abuse, or alcohol and a drug of abuse, or a 7,594
municipal ordinance relating to operating a vehicle with a 7,595
prohibited concentration of alcohol in the blood, breath, or 7,596
urine or of a misdemeanor violation of section 2903.07 of the 7,597
Revised Code or an equivalent violation of a municipal ordinance 7,599
that is substantially similar to section 2903.07 of the Revised 7,601
Code and that provides for that type of finding by a jury or 7,602
judge in a case in which the jury or judge found that the 7,603
offender was under the influence of alcohol at the time of the 7,604
commission of the offense, the court may require, as a condition 7,605
of probation in addition to the required conditions of probation 7,606
and the discretionary conditions of probation that may be imposed 7,607
pursuant to division (C) of this section, any suspension or 7,608
revocation of a driver's or commercial driver's license or permit 7,609
or nonresident operating privilege, and all other penalties 7,610
provided by law or by ordinance, that the offender operate only a 7,611
motor vehicle equipped with an ignition interlock device that is 7,612
certified pursuant to section 4511.83 of the Revised Code. 7,613
(2) When a court requires an offender, as a condition of 7,615
probation pursuant to division (G)(1) of this section, to operate 7,616
only a motor vehicle equipped with an ignition interlock device 7,617
that is certified pursuant to section 4511.83 of the Revised 7,618
Code, the offender immediately shall surrender the offender's 7,619
driver's or commercial driver's license or permit to the court. 7,620
Upon the receipt of the offender's license or permit, the court 7,621
shall issue an order authorizing the offender to operate a motor 7,622
vehicle equipped with a certified ignition interlock device, 7,623
deliver the offender's license or permit to the bureau of motor 7,624
vehicles, and include in the abstract of the case forwarded to 7,625
179
the bureau pursuant to section 4507.021 of the Revised Code the 7,626
conditions of probation imposed pursuant to division (G)(1) of 7,627
this section. The court shall give the offender a copy of its 7,628
order, and that copy shall be used by the offender in lieu of a 7,629
driver's or commercial driver's license or permit until the 7,630
bureau issues a restricted license to the offender. 7,631
(3) Upon receipt of an offender's driver's or commercial 7,633
driver's license or permit pursuant to division (G)(2) of this 7,634
section, the bureau of motor vehicles shall issue a restricted 7,635
license to the offender. The restricted license shall be 7,636
identical to the surrendered license, except that it shall have 7,637
printed on its face a statement that the offender is prohibited 7,638
from operating a motor vehicle that is not equipped with an 7,639
ignition interlock device that is certified pursuant to section 7,640
4511.83 of the Revised Code. The bureau shall deliver the 7,641
offender's surrendered license or permit to the court upon 7,642
receipt of a court order requiring it to do so, or reissue the 7,643
offender's license or permit under section 4507.54 of the Revised 7,644
Code if the registrar destroyed the offender's license or permit 7,645
under that section. The offender shall surrender the restricted 7,646
license to the court upon receipt of the offender's surrendered 7,647
license or permit. 7,648
(4) If an offender violates a requirement of the court 7,650
imposed under division (G)(1) of this section, the offender's 7,651
driver's or commercial driver's license or permit or nonresident 7,652
operating privilege may be suspended as provided in section 7,653
4507.16 of the Revised Code. 7,654
(5) As used in this division, "ignition interlock device" 7,656
has the same meaning as in section 4511.83 of the Revised Code. 7,657
Sec. 3101.01. Male persons of the age of eighteen years, 7,667
and female persons of the age of sixteen years, not nearer of kin 7,668
than second cousins, and not having a husband or wife living, may 7,669
be joined in marriage. A minor must first obtain the consent of 7,670
his THE MINOR'S parents, surviving parent, parent who is 7,671
180
designated the residential parent and legal custodian of the 7,673
child by a court of competent jurisdiction, the guardian of his 7,674
person GUARDIAN, or any one of the following who has been awarded 7,676
permanent custody of him THE MINOR by a court exercising juvenile 7,678
jurisdiction:
(A) An adult person; 7,680
(B) The department of human services or any child welfare 7,682
organization certified by such department; 7,683
(C) A county department of human services or a county 7,685
PUBLIC children services board AGENCY. 7,686
A minor shall not be required to obtain the consent of a 7,688
parent who resides in a foreign country, has neglected or 7,689
abandoned such minor for a period of one year or longer 7,690
immediately preceding his THE application for a marriage license, 7,692
has been adjudged incompetent, is an inmate of a state mental or 7,693
correctional institution, has been permanently deprived of his 7,694
parental rights and responsibilities for the care of the child 7,695
and the right to have the child live with him THE PARENT and to 7,696
be the legal custodian of the child by a court exercising 7,698
juvenile jurisdiction, or has been deprived of his parental 7,699
rights and responsibilities for the care of the child and the 7,700
right to have the child live with him THE PARENT and to be the 7,701
legal custodian of the child by the appointment of a guardian of 7,703
the person of the minor by the probate court or by any other 7,704
court of competent jurisdiction. 7,705
Sec. 3107.01. As used in sections 3107.01 to 3107.19 of 7,714
the Revised Code:
(A) "Agency" means any public or private organization 7,716
certified, licensed, or otherwise specially empowered by law or 7,717
rule to place minors for adoption. 7,718
(B) "Attorney" means a person who has been admitted to the 7,720
bar by order of the Ohio supreme court. 7,721
(C) "Child" means a son or daughter, whether by birth or 7,723
by adoption. 7,724
181
(D) "Court" means the probate courts of this state, and 7,726
when the context requires, means the court of any other state 7,728
empowered to grant petitions for adoption. 7,729
(E) "Identifying information" means any of the following 7,732
with regard to a person: first name, last name, maiden name, 7,733
alias, social security number, address, telephone number, place 7,734
of employment, number used to identify the person for the purpose 7,735
of the statewide education management information system
established pursuant to section 3301.0714 of the Revised Code, 7,736
and any other number federal or state law requires or permits to 7,737
be used to identify the person.
(F) "Minor" means a person under the age of eighteen 7,739
years. 7,740
(G) "Private child placing agency," "private noncustodial 7,743
agency," and "public children services agency" have the same
meanings as in section 2151.011 of the Revised Code. 7,744
(H) "Putative father" means a man, including one under age 7,747
eighteen, who may be a child's father and to whom all of the 7,748
following apply:
(1) He is not married to the child's mother at the time of 7,750
the child's conception or birth; 7,751
(2) He has not adopted the child; 7,753
(3) He has not been determined, prior to the date a 7,755
petition to adopt the child is filed, to have a parent and child 7,756
relationship with the child by a court proceeding pursuant to 7,757
sections 3111.01 to 3111.19 of the Revised Code, a court 7,758
proceeding in another state, an administrative agency proceeding 7,759
pursuant to sections 3111.20 to 3111.29 of the Revised Code, or 7,761
an administrative agency proceeding in another state;
(4) He has not acknowledged paternity of the child 7,763
pursuant to section 2105.18 of the Revised Code. 7,764
Sec. 3109.051. (A) If a divorce, dissolution, legal 7,774
separation, or annulment proceeding involves a child and if the 7,775
court has not issued a shared parenting decree, the court shall 7,776
182
consider any mediation report filed pursuant to section 3109.052 7,777
of the Revised Code and, in accordance with division (C) of this 7,778
section, shall make a just and reasonable order or decree 7,779
permitting each parent who is not the residential parent to visit 7,780
the child at the time and under the conditions that the court 7,781
directs, unless the court determines that it would not be in the 7,782
best interest of the child to permit that parent to visit the 7,783
child and includes in the journal its findings of fact and 7,784
conclusions of law. Whenever possible, the order or decree 7,785
permitting the visitation shall ensure the opportunity for both 7,786
parents to have frequent and continuing contact with the child, 7,787
unless frequent and continuing contact by either parent with the 7,788
child would not be in the best interest of the child. The court 7,789
shall include in its final decree a specific schedule of 7,790
visitation for that parent. Except as provided in division 7,791
(E)(6) of section 3113.31 of the Revised Code, if the court, 7,792
pursuant to this section, grants any person companionship or 7,793
visitation rights with respect to any child, it shall not require 7,794
the public children services agency to provide supervision of or 7,795
other services related to that person's exercise of companionship
or visitation rights with respect to the child. This section 7,796
does not limit the power of a juvenile court pursuant to Chapter 7,797
2151. of the Revised Code to issue orders with respect to 7,798
children who are alleged to be abused, neglected, or dependent 7,799
children or to make dispositions of children who are adjudicated 7,800
abused, neglected, or dependent children or of a common pleas 7,801
court to issue orders pursuant to section 3113.31 of the Revised 7,802
Code.
(B)(1) In a divorce, dissolution of marriage, legal 7,804
separation, annulment, or child support proceeding that involves 7,805
a child, the court may grant reasonable companionship or 7,806
visitation rights to any grandparent, any person related to the 7,807
child by consanguinity or affinity, or any other person other 7,808
than a parent, if all of the following apply: 7,809
183
(a) The grandparent, relative, or other person files a 7,811
motion with the court seeking companionship or visitation rights. 7,812
(b) The court determines that the grandparent, relative, 7,814
or other person has an interest in the welfare of the child. 7,815
(c) The court determines that the granting of the 7,817
companionship or visitation rights is in the best interest of the 7,818
child. 7,819
(2) A motion may be filed under division (B)(1) of this 7,821
section during the pendency of the divorce, dissolution of 7,822
marriage, legal separation, annulment, or child support 7,823
proceeding or, if a motion was not filed at that time or was 7,824
filed at that time and the circumstances in the case have 7,825
changed, at any time after a decree or final order is issued in 7,826
the case. 7,827
(C) When determining whether to grant companionship or 7,829
visitation rights to a parent, grandparent, relative, or other 7,830
person pursuant to this section or section 3109.11 or 3109.12 of 7,831
the Revised Code, when establishing a specific visitation 7,832
schedule, and when determining other visitation matters under 7,833
this section or section 3109.11 or 3109.12 of the Revised Code, 7,834
the court shall consider any mediation report that is filed 7,835
pursuant to section 3109.052 of the Revised Code and shall 7,836
consider all other relevant factors, including, but not limited 7,837
to, all of the factors listed in division (D) of this section. In 7,839
considering the factors listed in division (D) of this section
for purposes of determining whether to grant visitation rights, 7,840
establishing a specific visitation schedule, determining other 7,841
visitation matters under this section or under section 3109.11 or 7,842
3109.12 of the Revised Code, and resolving any issues related to 7,843
the making of any determination with respect to visitation rights 7,844
or the establishment of any specific visitation schedule, the 7,845
court, in its discretion, may interview in chambers any or all 7,846
involved children regarding their wishes and concerns. If the 7,847
court interviews any child concerning the child's wishes and 7,848
184
concerns regarding those visitation matters, the interview shall 7,849
be conducted in chambers, and no person other than the child, the 7,850
child's attorney, the judge, any necessary court personnel, and, 7,851
in the judge's discretion, the attorney of each parent shall be 7,852
permitted to be present in the chambers during the interview. No 7,853
person shall obtain or attempt to obtain from a child a written 7,854
or recorded statement or affidavit setting forth the wishes and 7,855
concerns of the child regarding those visitation matters. A 7,856
court, in considering the factors listed in division (D) of this 7,857
section for purposes of determining whether to grant any 7,858
visitation rights, establishing a visitation schedule, 7,859
determining other visitation matters under this section or under 7,860
section 3109.11 or 3109.12 of the Revised Code, or resolving any 7,861
issues related to the making of any determination with respect to 7,862
visitation rights or the establishment of any specific visitation 7,863
schedule, shall not accept or consider a written or recorded 7,864
statement or affidavit that purports to set forth the child's 7,865
wishes or concerns regarding those visitation matters. 7,866
(D) In determining whether to grant companionship or 7,868
visitation rights to a parent, grandparent, relative, or other 7,869
person pursuant to this section or section 3109.11 or 3109.12 of 7,870
the Revised Code, in establishing a specific visitation schedule, 7,871
and in determining other visitation matters under this section or 7,872
section 3109.11 or 3109.12 of the Revised Code, the court shall 7,873
consider all of the following factors: 7,874
(1) The prior interaction and interrelationships of the 7,876
child with the child's parents, siblings, and other persons 7,877
related by consanguinity or affinity, and with the person who 7,878
requested companionship or visitation if that person is not a 7,879
parent, sibling, or relative of the child; 7,880
(2) The geographical location of the residence of each 7,882
parent and the distance between those residences, and if the 7,883
person who requested companionship or visitation is not a parent, 7,884
the geographical location of that person's residence and the 7,885
185
distance between that person's residence and the child's 7,886
residence; 7,887
(3) The child's and parents' available time, including, 7,889
but not limited to, each parent's employment schedule, the 7,890
child's school schedule, and the child's and the parents' holiday 7,891
and vacation schedule; 7,892
(4) The age of the child; 7,894
(5) The child's adjustment to home, school, and community; 7,897
(6) If the court has interviewed the child in chambers, 7,899
pursuant to division (C) of this section, regarding the wishes 7,900
and concerns of the child as to visitation by the parent who is 7,901
not the residential parent or companionship or visitation by the 7,902
grandparent, relative, or other person who requested the 7,903
companionship or visitation, as to a specific visitation 7,904
schedule, or as to other visitation matters, the wishes and 7,905
concerns of the child, as expressed to the court; 7,906
(7) The health and safety of the child; 7,908
(8) The amount of time that will be available for the 7,910
child to spend with siblings; 7,911
(9) The mental and physical health of all parties; 7,913
(10) Each parent's willingness to reschedule missed 7,915
visitation and to facilitate the other parent's visitation 7,916
rights, and if the person who requested companionship or 7,917
visitation is not a parent, the willingness of that person to 7,918
reschedule missed visitation; 7,919
(11) In relation to visitation by a parent, whether either 7,921
parent previously has been convicted of or pleaded guilty to any 7,922
criminal offense involving any act that resulted in a child being 7,923
an abused child or a neglected child; whether either parent, in a 7,924
case in which a child has been adjudicated an abused child or a 7,925
neglected child, previously has been determined to be the 7,926
perpetrator of the abusive or neglectful act that is the basis of 7,927
the adjudication; and whether there is reason to believe that 7,928
either parent has acted in a manner resulting in a child being an 7,929
186
abused child or a neglected child; 7,930
(12) In relation to requested companionship or visitation 7,932
by a person other than a parent, whether the person previously 7,933
has been convicted of or pleaded guilty to any criminal offense 7,934
involving any act that resulted in a child being an abused child 7,935
or a neglected child; whether the person, in a case in which a 7,936
child has been adjudicated an abused child or a neglected child, 7,937
previously has been determined to be the perpetrator of the 7,938
abusive or neglectful act that is the basis of the adjudication; 7,939
whether either parent previously has been convicted of or pleaded 7,940
guilty to a violation of section 2919.25 of the Revised Code 7,941
involving a victim who at the time of the commission of the 7,942
offense was a member of the family or household that is the 7,943
subject of the current proceeding; whether either parent 7,944
previously has been convicted of an offense involving a victim 7,945
who at the time of the commission of the offense was a member of 7,946
the family or household that is the subject of the current 7,947
proceeding and caused physical harm to the victim in the 7,948
commission of the offense; and whether there is reason to believe 7,949
that the person has acted in a manner resulting in a child being 7,950
an abused child or a neglected child; 7,951
(13) Whether the residential parent or one of the parents 7,953
subject to a shared parenting decree has continuously and 7,954
willfully denied the other parent his or her PARENT'S right to 7,955
visitation in accordance with an order of the court; 7,957
(14) Whether either parent has established a residence or 7,959
is planning to establish a residence outside this state; 7,960
(15) Any other factor in the best interest of the child. 7,962
(E) The remarriage of a residential parent of a child does 7,964
not affect the authority of a court under this section to grant 7,965
visitation rights with respect to the child to the parent who is 7,966
not the residential parent or to grant reasonable companionship 7,967
or visitation rights with respect to the child to any 7,968
grandparent, any person related by consanguinity or affinity, or 7,969
187
any other person. 7,970
(F)(1) If the court, pursuant to division (A) of this 7,972
section, denies visitation to a parent who is not the residential 7,973
parent or denies a motion for reasonable companionship or 7,974
visitation rights filed under division (B) of this section and 7,975
the parent or movant files a written request for findings of fact 7,976
and conclusions of law, the court shall state in writing its 7,977
findings of fact and conclusions of law in accordance with Civil 7,978
Rule 52. 7,979
(2) On or before July 1, 1991, each court of common pleas, 7,981
by rule, shall adopt standard visitation guidelines. A court 7,982
shall have discretion to deviate from its standard visitation 7,983
guidelines based upon factors set forth in division (D) of this 7,984
section. 7,985
(G)(1) If the residential parent intends to move to a 7,987
residence other than the residence specified in the visitation 7,988
order or decree of the court, the parent shall file a notice of 7,989
intent to relocate with the court that issued the order or 7,990
decree. Except as provided in divisions (G)(2), (3), and (4) of 7,991
this section, the court shall send a copy of the notice to the 7,992
parent who is not the residential parent. Upon receipt of the 7,993
notice, the court, on its own motion or the motion of the parent 7,994
who is not the residential parent, may schedule a hearing with 7,995
notice to both parents to determine whether it is in the best 7,996
interest of the child to revise the visitation schedule for the 7,997
child. 7,998
(2) When a court grants visitation or companionship rights 8,000
to a parent who is not the residential parent, the court shall 8,001
determine whether that parent has been convicted of or pleaded 8,002
guilty to a violation of section 2919.25 of the Revised Code 8,003
involving a victim who at the time of the commission of the 8,004
offense was a member of the family or household that is the 8,005
subject of the proceeding, has been convicted of or pleaded 8,006
guilty to any other offense involving a victim who at the time of 8,007
188
the commission of the offense was a member of the family or 8,008
household that is the subject of the proceeding and caused 8,009
physical harm to the victim in the commission of the offense, or 8,010
has been determined to be the perpetrator of the abusive act that 8,011
is the basis of an adjudication that a child is an abused child. 8,012
If the court determines that that parent has not been so 8,013
convicted and has not been determined to be the perpetrator of an 8,014
abusive act that is the basis of a child abuse adjudication, the 8,015
court shall issue an order stating that a copy of any notice of 8,016
relocation that is filed with the court pursuant to division 8,017
(G)(1) of this section will be sent to the parent who is given 8,018
the visitation or companionship rights in accordance with 8,019
division (G)(1) of this section. 8,020
If the court determines that the parent who is granted the 8,022
visitation or companionship rights has been convicted of or 8,023
pleaded guilty to a violation of section 2919.25 of the Revised 8,024
Code involving a victim who at the time of the commission of the 8,025
offense was a member of the family or household that is the 8,026
subject of the proceeding, has been convicted of or pleaded 8,027
guilty to any other offense involving a victim who at the time of 8,028
the commission of the offense was a member of the family or 8,029
household that is the subject of the proceeding and caused 8,030
physical harm to the victim in the commission of the offense, or 8,031
has been determined to be the perpetrator of the abusive act that 8,032
is the basis of an adjudication that a child is an abused child, 8,033
it shall issue an order stating that that parent will not be 8,034
given a copy of any notice of relocation that is filed with the 8,035
court pursuant to division (G)(1) of this section unless the 8,036
court determines that it is in the best interest of the children 8,037
to give that parent a copy of the notice of relocation, issues an 8,038
order stating that that parent will be given a copy of any notice 8,039
of relocation filed pursuant to division (G)(1) of this section, 8,040
and issues specific written findings of fact in support of its 8,041
determination. 8,042
189
(3) If a court, prior to April 11, 1991, issued an order 8,044
granting visitation or companionship rights to a parent who is 8,045
not the residential parent and did not require the residential 8,046
parent in that order to give the parent who is granted the 8,047
visitation or companionship rights notice of any change of 8,048
address and if the residential parent files a notice of 8,049
relocation pursuant to division (G)(1) of this section, the court 8,050
shall determine if the parent who is granted the visitation or 8,051
companionship rights has been convicted of or pleaded guilty to a 8,052
violation of section 2919.25 of the Revised Code involving a 8,053
victim who at the time of the commission of the offense was a 8,054
member of the family or household that is the subject of the 8,055
proceeding, has been convicted of or pleaded guilty to any other 8,056
offense involving a victim who at the time of the commission of 8,057
the offense was a member of the family or household that is the 8,058
subject of the proceeding and caused physical harm to the victim 8,059
in the commission of the offense, or has been determined to be 8,060
the perpetrator of the abusive act that is the basis of an 8,061
adjudication that a child is an abused child. If the court 8,062
determines that the parent who is granted the visitation or 8,063
companionship rights has not been so convicted and has not been 8,064
determined to be the perpetrator of an abusive act that is the 8,065
basis of a child abuse adjudication, the court shall issue an 8,066
order stating that a copy of any notice of relocation that is 8,067
filed with the court pursuant to division (G)(1) of this section 8,068
will be sent to the parent who is granted visitation or 8,069
companionship rights in accordance with division (G)(1) of this 8,070
section. 8,071
If the court determines that the parent who is granted the 8,073
visitation or companionship rights has been convicted of or 8,074
pleaded guilty to a violation of section 2919.25 of the Revised 8,075
Code involving a victim who at the time of the commission of the 8,076
offense was a member of the family or household that is the 8,077
subject of the proceeding, has been convicted of or pleaded 8,078
190
guilty to any other offense involving a victim who at the time of 8,079
the commission of the offense was a member of the family or 8,080
household that is the subject of the proceeding and caused 8,081
physical harm to the victim in the commission of the offense, or 8,082
has been determined to be the perpetrator of the abusive act that 8,083
is the basis of an adjudication that a child is an abused child, 8,084
it shall issue an order stating that that parent will not be 8,085
given a copy of any notice of relocation that is filed with the 8,086
court pursuant to division (G)(1) of this section unless the 8,087
court determines that it is in the best interest of the children 8,088
to give that parent a copy of the notice of relocation, issues an 8,089
order stating that that parent will be given a copy of any notice 8,090
of relocation filed pursuant to division (G)(1) of this section, 8,091
and issues specific written findings of fact in support of its 8,092
determination. 8,093
(4) If a parent who is granted visitation or companionship 8,095
rights pursuant to this section or any other section of the 8,096
Revised Code is authorized by an order issued pursuant to this 8,097
section or any other court order to receive a copy of any notice 8,098
of relocation that is filed pursuant to division (G)(1) of this 8,099
section or pursuant to court order, if the residential parent 8,100
intends to move to a residence other than the residence address 8,101
specified in the visitation or companionship order, and if the 8,102
residential parent does not want the parent who is granted the 8,103
visitation or companionship rights to receive a copy of the 8,104
relocation notice because he THE PARENT WITH VISITATION OR 8,105
COMPANIONSHIP RIGHTS has been convicted of or pleaded guilty to a 8,108
violation of section 2919.25 of the Revised Code involving a 8,109
victim who at the time of the commission of the offense was a 8,110
member of the family or household that is the subject of the 8,111
proceeding, has been convicted of or pleaded guilty to any other 8,112
offense involving a victim who at the time of the commission of 8,113
the offense was a member of the family or household that is the 8,114
subject of the proceeding and caused physical harm to the victim 8,115
191
in the commission of the offense, or has been determined to be 8,116
the perpetrator of the abusive act that is the basis of an 8,117
adjudication that a child is an abused child, the residential 8,118
parent may file a motion with the court requesting that the 8,119
parent who is granted the visitation or companionship rights not 8,120
receive a copy of any notice of relocation. Upon the filing of 8,121
the motion, the court shall schedule a hearing on the motion and 8,122
give both parents notice of the date, time, and location of the 8,123
hearing. If the court determines that the parent who is granted 8,124
the visitation or companionship rights has been so convicted or 8,125
has been determined to be the perpetrator of an abusive act that 8,126
is the basis of a child abuse adjudication, the court shall issue 8,127
an order stating that the parent who is granted the visitation or 8,128
companionship rights will not be given a copy of any notice of 8,129
relocation that is filed with the court pursuant to division 8,130
(G)(1) of this section or that the residential parent is no 8,131
longer required to give that parent a copy of any notice of 8,132
relocation unless the court determines that it is in the best 8,133
interest of the children to give that parent a copy of the notice 8,134
of relocation, issues an order stating that that parent will be 8,135
given a copy of any notice of relocation filed pursuant to 8,136
division (G)(1) of this section, and issues specific written 8,137
findings of fact in support of its determination. If it does not 8,138
so find, it shall dismiss the motion. 8,139
(H)(1) Subject to division (G)(F)(2) of section 2301.35 8,142
and division (F) of section 3319.321 of the Revised Code, a 8,143
parent of a child who is not the residential parent of the child 8,144
is entitled to access, under the same terms and conditions under 8,145
which access is provided to the residential parent, to any record 8,146
that is related to the child and to which the residential parent 8,147
of the child legally is provided access, unless the court 8,148
determines that it would not be in the best interest of the child 8,149
for the parent who is not the residential parent to have access 8,150
to the records under those same terms and conditions. If the 8,151
192
court determines that the parent of a child who is not the 8,152
residential parent should not have access to records related to 8,153
the child under the same terms and conditions as provided for the 8,154
residential parent, the court shall specify the terms and 8,155
conditions under which the parent who is not the residential 8,156
parent is to have access to those records, shall enter its 8,157
written findings of facts and opinion in the journal, and shall 8,158
issue an order containing the terms and conditions to both the 8,159
residential parent and the parent of the child who is not the 8,160
residential parent. The court shall include in every order 8,161
issued pursuant to this division notice that any keeper of a 8,162
record who knowingly fails to comply with the order or division 8,163
(H) of this section is in contempt of court. 8,164
(2) Subject to division (G)(F)(2) of section 2301.35 and 8,167
division (F) of section 3319.321 of the Revised Code, subsequent 8,168
to the issuance of an order under division (H)(1) of this 8,169
section, the keeper of any record that is related to a particular 8,170
child and to which the residential parent legally is provided 8,171
access shall permit the parent of the child who is not the 8,172
residential parent to have access to the record under the same 8,173
terms and conditions under which access is provided to the 8,174
residential parent, unless the residential parent has presented 8,175
the keeper of the record with a copy of an order issued under 8,176
division (H)(1) of this section that limits the terms and 8,177
conditions under which the parent who is not the residential 8,178
parent is to have access to records pertaining to the child and 8,179
the order pertains to the record in question. If the residential 8,180
parent presents the keeper of the record with a copy of that type 8,181
of order, the keeper of the record shall permit the parent who is 8,182
not the residential parent to have access to the record only in 8,183
accordance with the most recent order that has been issued 8,184
pursuant to division (H)(1) of this section and presented to the 8,185
keeper by the residential parent or the parent who is not the 8,186
residential parent. Any keeper of any record who knowingly fails 8,187
193
to comply with division (H) of this section or with any order 8,188
issued pursuant to division (H)(1) of this section is in contempt 8,189
of court. 8,190
(3) The prosecuting attorney of any county may file a 8,192
complaint with the court of common pleas of that county 8,193
requesting the court to issue a protective order preventing the 8,194
disclosure pursuant to division (H)(1) or (2) of this section of 8,195
any confidential law enforcement investigatory record. The court 8,196
shall schedule a hearing on the motion and give notice of the 8,197
date, time, and location of the hearing to all parties. 8,198
(I) A court that issues a visitation order or decree 8,200
pursuant to this section, section 3109.11 or 3109.12 of the 8,201
Revised Code, or any other provision of the Revised Code shall 8,202
determine whether the parent granted the right of visitation is 8,203
to be permitted access, in accordance with section 5104.011 of 8,204
the Revised Code, to any child day-care center that is, or that 8,205
in the future may be, attended by the children with whom the 8,206
right of visitation is granted. Unless the court determines that 8,207
the parent who is not the residential parent should not have 8,208
access to the center to the same extent that the residential 8,209
parent is granted access to the center, the parent who is not the 8,210
residential parent and who is granted visitation or companionship 8,211
rights is entitled to access to the center to the same extent 8,212
that the residential parent is granted access to the center. If 8,213
the court determines that the parent who is not the residential 8,214
parent should not have access to the center to the same extent 8,215
that the residential parent is granted such access under division 8,216
(C) of section 5104.011 of the Revised Code, the court shall 8,217
specify the terms and conditions under which the parent who is 8,218
not the residential parent is to have access to the center, 8,219
provided that the access shall not be greater than the access 8,220
that is provided to the residential parent under division (C) of 8,221
section 5104.011 of the Revised Code, the court shall enter its 8,222
written findings of fact and opinions in the journal, and the 8,223
194
court shall include the terms and conditions of access in the 8,224
visitation order or decree. 8,225
(J)(1) Subject to division (F) of section 3319.321 of the 8,227
Revised Code, when a court issues an order or decree allocating 8,228
parental rights and responsibilities for the care of a child, the 8,229
parent of the child who is not the residential parent of the 8,230
child is entitled to access, under the same terms and conditions 8,231
under which access is provided to the residential parent, to any 8,232
student activity that is related to the child and to which the 8,233
residential parent of the child legally is provided access, 8,234
unless the court determines that it would not be in the best 8,235
interest of the child to grant the parent who is not the 8,236
residential parent access to the student activities under those 8,237
same terms and conditions. If the court determines that the 8,238
parent of the child who is not the residential parent should not 8,239
have access to any student activity that is related to the child 8,240
under the same terms and conditions as provided for the 8,241
residential parent, the court shall specify the terms and 8,242
conditions under which the parent who is not the residential 8,243
parent is to have access to those student activities, shall enter 8,244
its written findings of facts and opinion in the journal, and 8,245
shall issue an order containing the terms and conditions to both 8,246
the residential parent and the parent of the child who is not the 8,247
residential parent. The court shall include in every order 8,248
issued pursuant to this division notice that any school official 8,249
or employee who knowingly fails to comply with the order or 8,250
division (J) of this section is in contempt of court. 8,251
(2) Subject to division (F) of section 3319.321 of the 8,253
Revised Code, subsequent to the issuance of an order under 8,254
division (J)(1) of this section, all school officials and 8,255
employees shall permit the parent of the child who is not the 8,256
residential parent to have access to any student activity under 8,257
the same terms and conditions under which access is provided to 8,258
the residential parent of the child, unless the residential 8,259
195
parent has presented the school official or employee, the board 8,260
of education of the school, or the governing body of the 8,261
chartered nonpublic school with a copy of an order issued under 8,262
division (J)(1) of this section that limits the terms and 8,263
conditions under which the parent who is not the residential 8,264
parent is to have access to student activities related to the 8,265
child and the order pertains to the student activity in question. 8,266
If the residential parent presents the school official or 8,267
employee, the board of education of the school, or the governing 8,268
body of the chartered nonpublic school with a copy of that type 8,269
of order, the school official or employee shall permit the parent 8,270
who is not the residential parent to have access to the student 8,271
activity only in accordance with the most recent order that has 8,272
been issued pursuant to division (J)(1) of this section and 8,273
presented to the school official or employee, the board of 8,274
education of the school, or the governing body of the chartered 8,275
nonpublic school by the residential parent or the parent who is 8,276
not the residential parent. Any school official or employee who 8,277
knowingly fails to comply with division (J) of this section or 8,278
with any order issued pursuant to division (J)(1) of this section 8,279
is in contempt of court. 8,280
(K) If any person is found in contempt of court for 8,282
failing to comply with or interfering with any order or decree 8,283
granting companionship or visitation rights that is issued 8,284
pursuant to this section, section 3109.11 or 3109.12 of the 8,285
Revised Code, or any other provision of the Revised Code, the 8,286
court that makes the finding, in addition to any other penalty or 8,287
remedy imposed, shall assess all court costs arising out of the 8,288
contempt proceeding against the person and require the person to 8,289
pay any reasonable attorney's fees of any adverse party, as 8,290
determined by the court, that arose in relation to the act of 8,291
contempt, and may award reasonable compensatory visitation to the 8,292
person whose right of visitation was affected by the failure or 8,293
interference if such compensatory visitation is in the best 8,294
196
interest of the child. Any compensatory visitation awarded under 8,295
this division shall be included in an order issued by the court 8,296
and, to the extent possible, shall be governed by the same terms 8,297
and conditions as was the visitation that was affected by the 8,298
failure or interference. 8,299
(L) Any person who requests reasonable companionship or 8,301
visitation rights with respect to a child under this section, 8,302
section 3109.11 or 3109.12 of the Revised Code, or any other 8,303
provision of the Revised Code may file a motion with the court 8,304
requesting that it waive all or any part of the costs that may 8,305
accrue in the proceedings under this section, section 3109.11, or 8,306
section 3109.12 of the Revised Code. If the court determines 8,307
that the movant is indigent and that the waiver is in the best 8,308
interest of the child, the court, in its discretion, may waive 8,309
payment of all or any part of the costs of those proceedings. 8,310
(M) The juvenile court has exclusive jurisdiction to enter 8,312
the orders in any case certified to it from another court. 8,313
(N) As used in this section: 8,315
(1) "Abused child" has the same meaning as in section 8,317
2151.031 of the Revised Code, and "neglected child" has the same 8,318
meaning as in section 2151.03 of the Revised Code. 8,319
(2) "Record" means any record, document, file, or other 8,321
material that contains information directly related to a child, 8,322
including, but not limited to, any of the following: 8,323
(a) Records maintained by public and nonpublic schools; 8,325
(b) Records maintained by facilities that provide child 8,327
day-care, as defined in section 5104.01 of the Revised Code, 8,328
publicly funded child day-care, as defined in section 5104.01 of 8,329
the Revised Code, or pre-school services operated by or under the 8,330
supervision of a school district board of education or a 8,331
nonpublic school; 8,332
(c) Records maintained by hospitals, other facilities, or 8,334
persons providing medical or surgical care or treatment for the 8,335
child; 8,336
197
(d) Records maintained by agencies, departments, 8,338
instrumentalities, or other entities of the state or any 8,339
political subdivision of the state, other than a child support 8,340
enforcement agency. Access to records maintained by a child 8,341
support enforcement agency is governed by division (G)(F)(2) of 8,343
section 2301.35 of the Revised Code. 8,344
(3) "Confidential law enforcement investigatory record" 8,346
has the same meaning as in section 149.43 of the Revised Code. 8,347
Sec. 3111.09. (A) In any action instituted under sections 8,357
3111.01 to 3111.19 of the Revised Code, the court, upon its own 8,358
motion, may order and, upon the motion of any party to the 8,359
action, shall order the child's mother, the child, the alleged 8,360
father, and any other person who is a defendant in the action to 8,361
submit to genetic tests. If genetic tests are ordered upon the 8,362
motion of a party or the court, the court shall order that the 8,363
child's mother, the child, the alleged father, and any other 8,364
defendant submit to genetic testing. Instead of or in addition 8,365
to genetic testing ordered pursuant to this section, the court 8,366
may order the superintendent of the bureau of criminal 8,367
identification and investigation to disclose information 8,368
regarding a DNA record of the child's mother, the child, the 8,369
alleged father, or any other defendant that is stored in the DNA 8,370
database pursuant to section 109.573 of the Revised Code and may
use that information to determine the existence of a parent and 8,371
child relationship between the child and the child's mother, the 8,372
alleged father, or another defendant. If the child support 8,373
enforcement agency is not made a party to the action, the clerk 8,374
of the court shall schedule the genetic testing no later than 8,375
thirty days after the court issues its order. If the agency is 8,376
made a party to the action, the agency shall schedule the genetic 8,377
testing in accordance with the rules adopted by the department of 8,378
human services pursuant to section 2301.35 of the Revised Code. 8,379
If the alleged father of a child brings an action under sections 8,380
3111.01 to 3111.19 of the Revised Code and if the mother of the 8,381
198
child willfully fails to submit to genetic testing or if the 8,382
mother is the custodian of the child and willfully fails to 8,383
submit the child to genetic testing, the court shall issue an 8,384
order determining the existence of a parent and child 8,385
relationship between the father and the child without genetic 8,386
testing. If the mother or other guardian or custodian of the 8,387
child brings an action under sections 3111.01 to 3111.19 of the 8,388
Revised Code and if the alleged father of the child willfully 8,389
fails to submit himself to genetic testing or, if the alleged 8,390
father is the custodian of the child and willfully fails to 8,391
submit the child to genetic testing, the court shall issue an 8,392
order determining the existence of a parent and child 8,393
relationship between the father and the child without genetic 8,394
testing. If a party shows good cause for failing to submit to 8,395
genetic testing or for failing to submit the child to genetic 8,396
testing, the court shall not consider the failure to be willful. 8,397
Any
ANY fees charged for the tests shall be paid by the party 8,400
that requests them, unless the custodian of the child is 8,401
represented by the child support enforcement agency in its role 8,402
as the agency providing enforcement of child support orders under 8,403
Title IV-D of the "Social Security Act," 88 Stat. 2351 (1975), 42 8,404
U.S.C. 651, as amended, the custodian is a recipient of aid to 8,405
dependent children PARTICIPANT IN OHIO WORKS FIRST under Chapter 8,406
5107. of the Revised Code for the benefit of the child, or the 8,409
defendant in the action is found to be indigent, in which case 8,410
the child support enforcement agency shall pay the costs of 8,411
genetic testing. The child support enforcement agency, within 8,412
guidelines contained in that federal law, shall use funds 8,413
received pursuant to Title IV-D of the "Social Security Act," 88 8,414
Stat. 2351 (1975), 42 U.S.C. 651, as amended, to pay the fees 8,415
charged for the tests. If there is a dispute as to who shall pay 8,416
the fees charged for genetic testing, the child support 8,417
enforcement agency shall pay the fees, but neither the court nor 8,418
199
the agency shall delay genetic testing due to a dispute as to who 8,419
shall pay the genetic testing fees. The child support 8,420
enforcement agency or the person who paid the fees charged for 8,421
the genetic testing may seek reimbursement for the genetic 8,422
testing fees from the person against whom the court assesses the 8,423
costs of the action. Any funds used in accordance with this 8,424
division by the child support enforcement agency shall be in 8,425
addition to any other funds that the agency is entitled to
receive as a result of any contractual provision for specific 8,426
funding allocations for the agency between the county, the state, 8,427
and the federal government. 8,428
(B)(1) The genetic tests shall be made by qualified 8,430
examiners who are authorized by the court or the department of 8,431
human services. An examiner conducting a genetic test, upon the 8,432
completion of the test, shall send a complete report of the test 8,433
results to the clerk of the court that ordered the test or, if 8,434
the agency is a party to the action, to the child support 8,435
enforcement agency of the county in which the court that ordered
the test is located. 8,436
(2) If a court orders the superintendent of the bureau of 8,438
criminal identification and investigation to disclose information 8,439
regarding a DNA record stored in the DNA database pursuant to 8,440
section 109.573 of the Revised Code, the superintendent shall 8,441
send the information to the clerk of the court that issued the 8,443
order or, if the agency is a party to the action, to the child 8,444
support enforcement agency of the county in which the court that
issued the order is located. 8,445
(3) The clerk or agency that receives a report or 8,447
information pursuant to division (B)(1) of this section shall 8,448
mail a copy of the report or information to the attorney of 8,449
record for each party or, if a party is not represented by an 8,451
attorney, to the party. The clerk or agency that receives a copy 8,452
of the report or information shall include with the report or 8,453
information sent to an attorney of record of a party or a party a 8,454
200
notice that the party may object to the admission into evidence
of the report or information by filing a written objection as 8,456
described in division (D) of section 3111.12 of the Revised Code 8,457
with the court that ordered the tests or ordered the disclosure
of the information no later than fourteen days after the report 8,459
or information was mailed to the attorney of record or to the 8,460
party. The examiners may be called as witnesses to testify as to 8,462
their findings. Any party may demand that other qualified
examiners perform independent genetic tests under order of the 8,463
court. The number and qualifications of the independent 8,464
examiners shall be determined by the court. 8,465
(C) Nothing in this section prevents any party to the 8,467
action from producing other expert evidence on the issue covered 8,468
by this section, but, if other expert witnesses are called by a 8,469
party to the action, the fees of these expert witnesses shall be 8,470
paid by the party calling the witnesses and only ordinary witness 8,471
fees for these expert witnesses shall be taxed as costs in the 8,472
action. 8,473
(D) If the court finds that the conclusions of all the 8,475
examiners are that the alleged father is not the father of the 8,476
child, the court shall enter judgment that the alleged father is 8,477
not the father of the child. If the examiners disagree in their 8,478
findings or conclusions, the court or jury shall determine the 8,479
father of the child based upon all the evidence. 8,480
(E) As used in sections 3111.01 to 3111.29 of the Revised 8,482
Code:
(1) "Genetic tests" and "genetic testing" mean either of 8,484
the following:
(a) Tissue or blood tests, including tests that identify 8,488
the presence or absence of common blood group antigens, the red 8,489
blood cell antigens, human lymphocyte antigens, serum enzymes, 8,490
serum proteins, or genetic markers; 8,491
(b) Deoxyribonucleic acid typing of blood or buccal cell 8,493
samples.
201
"Genetic test" and "genetic testing" may include the typing 8,495
and comparison of deoxyribonucleic acid derived from the blood of 8,496
one individual and buccal cells of another. 8,497
(2) "DNA record" and "DNA database" have the same meanings 8,500
as in section 109.573 of the Revised Code.
Sec. 3111.20. (A) As used in sections 3111.20 to 3111.29 8,509
of the Revised Code: 8,510
(1) "Child support enforcement agency" has the same 8,512
meaning as in section 3111.21 of the Revised Code. 8,513
(2) "Obligor" means the person required to pay support 8,515
under an administrative support order. 8,516
(3)(2) "Obligee" means the person entitled to receive the 8,518
support payments under an administrative support order. 8,519
(4)(3) "Administrative support order" means an 8,521
administrative order for the payment of support that is issued by 8,523
a child support enforcement agency. 8,524
(5)(4) "Support" means child support. 8,526
(6)(5) "Personal earnings" means compensation paid or 8,528
payable for personal services, however denominated, and includes, 8,530
but is not limited to, wages, salary, commissions, bonuses, draws 8,531
against commissions, profit sharing, and vacation pay. 8,532
(7)(6) "Financial institution" means a bank, savings and 8,534
loan association, or credit union, or a regulated investment 8,536
company or mutual fund in which a person who is required to pay 8,537
support has funds on deposit that are not exempt under the law of 8,538
this state or the United States from execution, attachment, or 8,539
other legal process. 8,540
(8)(7) "Title IV-D case" means any case in which the child 8,542
support enforcement agency is enforcing the support order 8,543
pursuant to Title IV-D of the "Social Security Act," 88 Stat. 8,544
2351 (1975), 42 U.S.C. 651, as amended. 8,545
(B) A man who is presumed to be the natural father of a 8,548
child pursuant to section 3111.03 of the Revised Code assumes the 8,549
parental duty of support with respect to the child. 8,550
202
(C) Notwithstanding section 3109.01 of the Revised Code, a 8,552
parent's duty of support for a child shall continue beyond the 8,553
age of majority as long as the child continuously attends on a 8,554
full-time basis any recognized and accredited high school. The 8,555
parental duty of support shall continue during seasonal 8,556
vacations. 8,557
A parent, guardian, or legal custodian of a child, the 8,559
person with whom the child resides, or the child support 8,560
enforcement agency of the county in which the child, parent, 8,561
guardian, or legal custodian of the child resides may file a 8,563
complaint pursuant to section 2151.231 of the Revised Code in the 8,564
juvenile court of that county requesting the court to order a 8,565
parent who neglects or does not assume the parental duty of 8,566
support to pay an amount for the support of the child, may 8,567
contact a child support enforcement agency for assistance in 8,568
obtaining the order, or may request an administrative officer of 8,569
a child support enforcement agency to issue an administrative 8,570
order for the payment of child support pursuant to division (D) 8,571
of this section. Upon the filing of the complaint or the making 8,572
of the request, the court shall issue an order requiring the 8,573
payment of support for the child, pursuant to section 2151.231 of 8,574
the Revised Code, or the administrative officer, pursuant to 8,575
division (D) of this section, shall issue an order requiring the 8,576
payment of support for the child. 8,577
A party to a request made under this division may raise the 8,579
issue of the existence or nonexistence of a parent-child 8,580
relationship between the presumed natural father and the child. 8,581
If a request is made for an administrative order of support 8,582
pursuant to division (D) of this section and the issue of the 8,583
existence or nonexistence of a parent-child relationship is
raised, the administrative officer shall treat the request as a 8,584
request made pursuant to section 3111.22 of the Revised Code and 8,585
determine the issue pursuant to that section. The administrative 8,586
officer may issue an order pursuant to division (D) of this 8,587
203
section if the administrative proceeding terminates before a
determination of the existence or nonexistence of a parent-child 8,588
relationship is made and the termination is due to the presumed 8,589
natural father's failure to sign an acknowledgment of paternity, 8,590
sign an agreement to be bound by the results of genetic testing, 8,591
or appear at the administrative hearing without showing good
cause for the failure to appear, or the proceedings terminate 8,592
because of the presumed natural father's failure to submit to 8,593
genetic testing or submit the child to genetic testing. An 8,594
administrative order issued pursuant to division (D) of this 8,595
section does not preclude a party from requesting a determination 8,596
of the issue of the existence or nonexistence of a parent-child
relationship pursuant to this chapter if the issue is not 8,597
determined with respect to the party in the proceedings conducted 8,598
pursuant to division (D) of this section. An order issued 8,599
pursuant to division (D) of this section shall remain effective 8,600
until a final and enforceable determination is made pursuant to 8,601
this chapter that a parent-child relationship does not exist 8,602
between the presumed natural father and the child or until the 8,603
occurrence of an event described in division (E)(4)(a) of section 8,604
3111.23 of the Revised Code that requires the order to be 8,605
terminated.
(D) If a request is made pursuant to division (C) of this 8,607
section for an administrative order requiring the payment of 8,608
child support, the administrative officer shall schedule an 8,609
administrative hearing to determine, in accordance with sections 8,610
3111.23 to 3111.29 and 3113.215 of the Revised Code, the amount 8,611
of child support either parent is required to pay and the method 8,612
of paying that child support. The hearing shall be held not 8,613
later than sixty days after the issuance of the administrative 8,614
order nor earlier than thirty days after the officer gives the 8,615
mother and father of the child notice of the action. When an 8,616
administrative officer issues an administrative order for the 8,617
payment of support, all of the following apply: 8,618
204
(1) An administrative order for the payment of support 8,620
ordinarily shall be for periodic payments that may vary in 8,621
amount. In the best interest of the child, the administrative 8,622
officer may order a lump sum payment or the purchase of an 8,623
annuity in lieu of periodic payments of support. 8,624
(2) The administrative order for the payment of support 8,626
shall include a notice stating that the mother or the father may 8,627
object to the administrative order by bringing an action for the 8,628
payment of support under section 2151.321 of the Revised Code in 8,629
the juvenile court of the county in which the child or the 8,630
guardian or legal custodian of the child resides, that the action 8,631
may be brought no later than thirty days after the date of the 8,632
issuance of the administrative order requiring the payment of 8,633
child support, and that, if neither the mother nor the father 8,634
brings an action for the payment of support within that 8,635
thirty-day period, the administrative order requiring the payment 8,636
of support is final and enforceable by a court and may be 8,637
modified and enforced only in accordance with sections 3111.20 to 8,639
3111.28 and 3113.21 to 3113.219 of the Revised Code. 8,640
Sec. 3111.23. (A)(1) If an administrative officer of a 8,649
child support enforcement agency issues an administrative support 8,650
order under section 3111.20, 3111.21, or 3111.22 of the Revised 8,652
Code, the agency shall require the withholding or deduction of an 8,653
amount of the wages or assets of the obligor in accordance with 8,654
division (B) of this section to ensure that withholding or 8,655
deduction from the wages or assets of the obligor is available 8,656
from the commencement of the administrative support order for the 8,657
collection of the support and any arrearages that occur. The 8,658
agency shall determine the specific withholding or deduction 8,659
requirements applicable to the obligor under the administrative 8,660
support order in accordance with division (B) of this section and 8,661
shall include the specific requirements in the notices described 8,662
in divisions (A)(2) and (B) of this section. Any person required 8,663
to comply with the withholding or deduction requirements shall 8,664
205
determine the manner of withholding or deducting an amount of the 8,665
wages or assets of the obligor in accordance with the specific 8,666
requirements included in the notices described in those divisions 8,667
without the need for any amendment to the administrative support 8,668
order. The agency shall include in an administrative support 8,669
order under section 3111.20, 3111.21, or 3111.22 of the Revised 8,670
Code a general provision that states the following: 8,671
"All child support ordered by this administrative support 8,673
order shall be withheld or deducted from the wages or assets of 8,674
the obligor pursuant to a withholding or deduction notice issued 8,676
in accordance with section 3111.23 of the Revised Code and shall 8,677
be forwarded to the obligee in accordance with sections 3111.23 8,678
to 3111.28 of the Revised Code." 8,679
(2) In any action in which support is ordered or modified 8,681
under an administrative support order as described in division 8,682
(A)(1) of this section, the child support enforcement agency 8,683
shall determine in accordance with division (B) of this section 8,684
the types of withholding or deduction requirements that should be 8,685
imposed relative to the obligor under the administrative support 8,686
order to collect the support due under the order. Within fifteen 8,687
days after the obligor under the administrative support order is 8,688
located subsequent to the issuance of the administrative support 8,689
order or within fifteen days after the default under the 8,690
administrative support order, whichever is applicable, the agency 8,691
shall send a notice by regular mail to each person required to 8,692
comply with a withholding or deduction requirement. The notice 8,693
shall specify the withholding or deduction requirement and shall 8,694
contain all of the information set forth in division (B)(1)(b), 8,695
(2)(b), (3)(b), (4)(b), or (5)(b) of this section that is 8,696
applicable to the requirement. The notices, plus the notices 8,697
provided by the child support enforcement agency that require the 8,698
obligor to notify the agency of any change in the obligor's 8,699
employment status or of any other change in the status of the 8,700
obligor's assets, are final and are enforceable by the court. 8,702
206
The agency shall provide the notice to the obligor in accordance 8,703
with division (B)(1)(c), (2)(c), (3)(c), (4)(c), or (5)(c) of 8,704
this section, whichever is applicable, and shall include with 8,705
that notice the additional notices described in the particular 8,706
division that is applicable.
(3)(a) If support is ordered or modified on or after 8,708
December 31, 1993, under an administrative support order issued 8,709
under section 3111.20, 3111.21, or 3111.22 of the Revised Code, 8,711
if the child support enforcement agency has determined in 8,712
accordance with division (A)(2) of this section the types of 8,713
withholding or deduction requirements that should be imposed 8,714
relative to the obligor under the support order to collect the 8,715
support due under the order, if the agency has sent the 8,716
appropriate notices to the persons required to comply with the 8,717
withholding or deduction requirements that the agency determined 8,718
should be imposed, and if the agency is notified or otherwise 8,719
determines that the employment status or other circumstances of 8,720
the obligor have changed, the agency shall conduct an 8,721
investigation to determine whether it is more appropriate to 8,722
impose another type of or an additional withholding or deduction 8,723
requirement regarding the administrative support order and shall 8,724
issue and send by regular mail one or more notices described in 8,725
division (B) of this section that it determines are appropriate. 8,726
The notices shall be sent within fifteen days after the obligor 8,727
under the administrative support order is located or within 8,728
fifteen days after the default under the administrative support 8,729
order, whichever is applicable. The notices shall specify the 8,730
withholding or deduction requirement and shall contain all of the 8,731
information set forth in division (B)(1)(b), (2)(b), (3)(b), 8,732
(4)(b), or (5)(b) of this section that is applicable. The agency 8,733
shall provide the notices to the obligor in accordance with 8,734
division (B)(1)(c), (2)(c), (3)(c), (4)(c), or (5)(c) of this 8,735
section, whichever is applicable, and shall include with that 8,736
notice the additional notices described in the particular 8,737
207
division that is applicable. The notices are final and are 8,738
enforceable by the court. 8,739
If the child support enforcement agency previously has 8,741
issued one or more notices containing one or more of the 8,742
requirements described in division (B) of this section and the 8,743
agency determines that any of the requirements no longer are 8,744
appropriate due to the change in the employment status or other 8,745
circumstances of the obligor, the agency immediately shall cancel 8,746
any previously issued notice that no longer is appropriate, shall 8,747
send written notice of the cancellation by regular mail to the 8,748
person who was required to comply with the withholding or 8,749
deduction requirement contained in the canceled notice, and shall 8,750
issue one or more new notices containing one or more requirements 8,751
described in division (B) of this section that it determines are 8,752
appropriate. The notices shall be sent within fifteen days after 8,753
the obligor under the administrative support order is located or 8,754
within fifteen days after the default under the administrative 8,755
support order, whichever is applicable. 8,756
(b) If support has been ordered prior to December 31, 8,758
1993, under an administrative support order issued under section 8,759
3111.20, 3111.21, or 3111.22 of the Revised Code, if the 8,760
administrative support order has not been modified on or after 8,762
December 31, 1993, if the administrative support order includes a 8,763
provision that is substantively comparable to the general 8,764
provision described in division (A)(1) of this section that must 8,765
be included in all administrative support orders issued or 8,766
modified on or after December 31, 1993, and if the child support 8,767
enforcement agency is notified or otherwise determines that the 8,768
employment status or other circumstances of the obligor under the 8,769
support order have changed so that it is appropriate to impose a 8,770
withholding or deduction requirement as described in division (B) 8,771
of this section to collect the support due under the order, the 8,772
agency shall comply with division (A)(3)(a) of this section as if 8,773
the administrative support order had been issued or modified on 8,774
208
or after December 31, 1993, and as if it included the general 8,775
provision described in division (A)(1) of that section that must 8,776
be included in all administrative support orders issued or 8,777
modified on or after that date. The notices issued under this 8,778
division are final and are enforceable by the court. 8,779
(c) If support has been ordered prior to December 31, 8,781
1993, under an administrative support order issued under section 8,782
3111.20, 3111.21, or 3111.22 of the Revised Code, if the 8,783
administrative support order has not been modified on or after 8,785
December 31, 1993, if the administrative support order does not 8,786
include a provision that is substantively comparable to the 8,787
general provision described in division (A)(1) of this section 8,788
that must be included in all administrative support orders issued 8,789
or modified on or after December 31, 1993, and if the child 8,790
support enforcement agency is notified or otherwise determines 8,791
that the employment status or other circumstances of the obligor 8,792
under the support order have changed so that it is appropriate to 8,793
impose a withholding or deduction requirement as described in 8,794
division (B) of this section to collect the support due under the 8,795
order, the agency may reissue the administrative support order in 8,796
question to be identical to the administrative support order 8,797
except for a general provision, as described in division (A)(1) 8,798
of this section, requiring the withholding or deduction of wages 8,799
or assets of the obligor in accordance with division (B) of this 8,800
section to ensure that withholding or deduction from the wages or 8,801
assets is available for the collection of current support and any 8,802
arrearages that occur. Except for the inclusion of the general 8,803
provision, the provisions of a reissued administrative support 8,804
order under this division shall be identical to those of the 8,805
administrative support order in question, and the child support 8,806
enforcement agency shall issue one or more notices requiring 8,807
withholding or deduction of wages or assets of the obligor in 8,808
accordance with divisions (A)(2) and (B) of this section. 8,809
Thereafter, division (A)(3)(a) of this section applies to the 8,810
209
issuance of notices under those divisions with respect to that 8,811
administrative support order. The notices issued under this 8,813
division are final and are enforceable by the court. The general 8,814
provision for the withholding or deduction of wages or assets to 8,815
be included in the reissued administrative support order 8,816
specifically shall include the statement set forth in division 8,817
(A)(1) of this section. 8,818
(4) If, pursuant to division (A)(2) or (A)(3)(a), (b), or 8,820
(c) of this section, a person is sent a notice described in 8,821
division (B) of this section requiring a withholding or deduction 8,822
requirement and the person fails to comply with the notice, the 8,823
child support enforcement agency, in accordance with section 8,824
3111.28 of the Revised Code, shall request the court to find the 8,825
person in contempt pursuant to section 2705.02 of the Revised 8,826
Code.
(5) The department of human services shall adopt standard 8,828
forms for the support withholding and deduction notices 8,829
prescribed by divisions (A)(1) to (3) and (B) of this section. 8,830
All child support enforcement agencies shall use the forms in 8,831
complying with this section. 8,832
(B) If a child support enforcement agency is required by 8,834
division (A) of this section to issue one or more withholding or 8,835
deduction notices described in this division, the agency shall 8,836
issue one or more of the following types of notices to pay the 8,837
support required under the administrative support order in 8,838
question and to pay any arrearages: 8,839
(1)(a) If the child support enforcement agency determines 8,841
that the obligor is employed, the agency shall require the 8,842
obligor's employer to withhold from the obligor's personal 8,843
earnings a specified amount for support in satisfaction of the 8,844
administrative support order, to begin the withholding no later 8,845
than the first pay period that occurs after fourteen working days 8,846
following the date the notice was mailed to the employer under 8,847
divisions (A)(2) or (3) and (B)(1)(b) of this section, to send 8,848
210
the amount withheld to the child support enforcement agency 8,849
designated for that county pursuant to section 2301.35 of the 8,850
Revised Code, to send that amount to the agency immediately but 8,851
not later than ten days after the date the obligor is paid, and 8,852
to continue the withholding at intervals specified in the notice 8,853
until further notice from the agency. To the extent possible, 8,854
the amount specified in the notice to be withheld shall satisfy 8,855
the amount ordered for support in the administrative support 8,856
order plus any arrearages that may be owed by the obligor under 8,857
any prior court or administrative support order that pertained to 8,858
the same child or spouse, notwithstanding the limitations of 8,859
sections 2329.66, 2329.70, 2716.02, and 2716.05 of the Revised 8,860
Code. However, in no case shall the sum of the amount specified 8,861
in the notice to be withheld and any fee withheld by the employer 8,862
as a charge for its services exceed the maximum amount permitted 8,863
under section 303(b) of the "Consumer Credit Protection Act," 15 8,864
U.S.C. 1673(b). 8,865
(b) If the agency imposes a withholding requirement under 8,867
division (B)(1)(a) of this section, the agency, within the 8,868
applicable period of time specified in division (A) of this 8,869
section, shall send to the obligor's employer by regular mail a 8,870
notice that contains all of the information set forth in 8,871
divisions (B)(1)(b)(i) to (xi) of this section. The notice is 8,872
final and is enforceable by the court. The notice shall contain 8,873
all of the following: 8,874
(i) The amount to be withheld from the obligor's wages and 8,876
a statement that the amount actually withheld for support and 8,877
other purposes, including the fee described in division 8,878
(B)(1)(b)(xi) of this section, shall not be in excess of the 8,879
maximum amounts permitted under section 303(b) of the "Consumer 8,880
Credit Protection Act," 15 U.S.C. 1673(b); 8,881
(ii) A statement that the employer is required to send the 8,883
amount withheld to the child support enforcement agency 8,884
immediately, but not later than ten working days, after the 8,885
211
obligor is paid by the employer and is required to report to the 8,886
agency the date on which the amount was withheld from the 8,887
obligor's wages; 8,888
(iii) A statement that the withholding is binding upon the 8,890
employer until further notice from the agency; 8,891
(iv) A statement that the employer is subject to a fine to 8,893
be determined under the law of this state for discharging the 8,894
obligor from employment, refusing to employ the obligor, or 8,895
taking any disciplinary action against the obligor because of the 8,896
withholding requirement; 8,897
(v) A statement that, if the employer fails to withhold 8,899
wages in accordance with the provisions of the notice, the 8,900
employer is liable for the accumulated amount the employer should 8,901
have withheld from the obligor's wages; 8,902
(vi) A statement that the withholding in accordance with 8,904
the notice and under the provisions of this section has priority 8,905
over any other legal process under the law of this state against 8,906
the same wages; 8,907
(vii) The date on which the notice was mailed and a 8,909
statement that the employer is required to implement the 8,910
withholding no later than the first pay period that occurs after 8,911
fourteen working days following the date the notice was mailed 8,912
and is required to continue the withholding at the intervals 8,913
specified in the notice; 8,914
(viii) A requirement that the employer promptly notify the 8,916
child support enforcement agency, in writing, within ten working 8,917
days after the date of any termination of the obligor's 8,918
employment, any layoff of the obligor, any leave of absence of 8,919
the obligor without pay, or any other situation in which the 8,920
employer ceases to pay personal earnings in an amount sufficient 8,921
to comply with the administrative order to the obligor and 8,922
provide the agency with the obligor's last known address; 8,923
(ix) A requirement that the employer identify in the 8,925
notification given under division (B)(1)(b)(viii) of this section 8,926
212
any types of benefits other than personal earnings that the 8,927
obligor is receiving or is eligible to receive as a benefit of 8,928
employment or as a result of the obligor's termination of 8,929
employment, including, but not limited to, unemployment 8,930
compensation, workers' compensation benefits, severance pay, sick 8,931
leave, lump sum payments of retirement benefits or contributions, 8,932
and bonuses or profit-sharing payments or distributions, and the 8,933
amount of such benefits, and include in the notification the 8,934
obligor's last known address and telephone number, date of birth, 8,935
social security number, and case number and, if known, the name 8,936
and business address of any new employer of the obligor; 8,937
(x) A requirement that, no later than the earlier of 8,939
forty-five days before the lump-sum payment is to be made or, if 8,940
the obligor's right to the lump-sum payment is determined less 8,941
than forty-five days before it is to be made, the date on which 8,942
that determination is made, the employer notify the child support 8,943
enforcement agency of any lump-sum payments of any kind of five 8,944
hundred dollars or more that are to be paid to the obligor, hold 8,945
the lump-sum payments of five hundred dollars or more for thirty 8,946
days after the date on which the lump-sum payments otherwise 8,947
would have been paid to the obligor, if the lump-sum payments are 8,948
workers' compensation benefits, severance pay, sick leave, 8,949
lump-sum payments of retirement benefits or contributions, annual 8,950
bonuses, or profit-sharing payments or distributions, and, upon 8,951
order of the agency, pay any specified amount of the lump-sum 8,952
payment to the child support enforcement agency.; 8,953
(xi) A statement that, in addition to the amount withheld 8,955
for support, the employer may withhold a fee from the obligor's 8,956
earnings as a charge for its services in complying with the 8,957
notice a specification of the amount that may be withheld. 8,958
(c) The agency shall send the notice described in division 8,960
(B)(1)(b) of this section to the obligor, and shall attach to the 8,961
notice an additional notice requiring the obligor immediately to 8,962
notify the child support enforcement agency, in writing, of any 8,963
213
change in employment, including self-employment, and of the 8,964
availability of any other sources of income that can be the 8,965
subject of any withholding or deduction requirement described in 8,966
division (B) of this section. The agency shall serve the notices 8,967
upon the obligor at the same time as service of the 8,968
administrative support order or, if the administrative support 8,969
order previously has been issued, shall send the notices to the 8,970
obligor by regular mail at the obligor's last known address at 8,972
the same time that it sends the notice described in division 8,973
(B)(1)(b) of this section to the employer. The notification 8,974
required of the obligor shall include a description of the nature 8,975
of any new employment, the name and business address of any new 8,976
employer, and any other information reasonably required by the 8,977
agency. No obligor shall fail to give the notification as 8,978
required by division (B)(1)(c) of this section. 8,979
(2)(a) If the child support enforcement agency determines 8,981
that the obligor is receiving workers' compensation payments, the 8,982
agency may require the bureau of workers' compensation or the 8,983
employer that has been granted the privilege of paying 8,984
compensation directly and that is paying workers' compensation 8,985
benefits to the obligor to withhold from the obligor's workers' 8,986
compensation payments a specified amount for support in 8,987
satisfaction of the administrative support order, to begin the 8,988
withholding no later than the date of the first payment that 8,989
occurs after fourteen working days following the date the notice 8,990
was mailed to the bureau or employer under divisions (A)(2) or 8,991
(3) and (B)(2)(b) of this section, to send the amount withheld to 8,992
the child support enforcement agency designated for that county 8,993
pursuant to section 2301.35 of the Revised Code, to send that 8,994
amount to the agency immediately but not later than ten days 8,995
after the date the payment is made to the obligor, to provide the 8,996
date on which the amount was withheld, and to continue the 8,997
withholding at intervals specified in the notice until further 8,998
notice from the agency. To the extent possible, the amount 8,999
214
specified in the notice to be withheld shall satisfy the amount 9,000
ordered for support in the administrative support order plus any 9,001
arrearages that may be owed by the obligor under any prior court 9,002
or administrative support order that pertained to the same child 9,003
or spouse, notwithstanding the limitations of section 4123.67 of 9,004
the Revised Code. However, in no case shall the sum of the 9,005
amount specified in the notice to be withheld and any fee 9,006
withheld by an employer as a charge for its services exceed the 9,007
maximum amount permitted under section 303(b) of the "Consumer 9,008
Credit Protection Act," 15 U.S.C. 1673(b). 9,009
(b) If the agency imposes a withholding requirement under 9,011
division (B)(2)(a) of this section, it, within the applicable 9,012
period of time specified in division (A) of this section, shall 9,013
send to the bureau of workers' compensation or the employer that 9,014
is paying the obligor's workers' compensation benefits by regular 9,015
mail a notice that contains all of the information set forth in 9,016
divisions (B)(2)(b)(i) to (x) of this section. The notice is 9,017
final and is enforceable by the court. The notice shall contain 9,018
all of the following: 9,019
(i) The amount to be withheld from the obligor's worker's 9,021
compensation payments and a statement that the amount actually 9,022
withheld for support and other purposes, including the fee 9,023
described in division (B)(2)(b)(x) of this section, if 9,024
applicable, shall not be in excess of the maximum amounts 9,025
permitted under section 303(b) of the "Consumer Credit Protection 9,026
Act," 15 U.S.C. 1673(b); 9,027
(ii) A statement that the bureau or employer is required 9,029
to send the amount withheld to the child support enforcement 9,030
agency immediately, but not later than ten working days, after 9,031
the payment is made to the obligor and is required to report to 9,032
the agency the date on which the amount was withheld from the 9,033
obligor's payments; 9,034
(iii) A statement that the withholding is binding upon the 9,036
bureau or employer until further notice from the court or agency; 9,037
215
(iv) If the notice is sent to an employer who is paying 9,039
the obligor's worker's compensation benefits, a statement that, 9,040
if the employer fails to withhold from the obligor's worker's 9,041
compensation payments in accordance with the provisions of the 9,042
notice, the employer is liable for the accumulated amount the 9,043
employer should have withheld from the obligor's payments; 9,044
(v) A statement that the withholding in accordance with 9,046
the notice and under the provisions of this section has priority 9,047
over any other legal process under the law of this state against 9,048
the same payment of benefits; 9,049
(vi) The date on which the notice was mailed and a 9,051
statement that the bureau or employer is required to implement 9,052
the withholding no later than the date of the first payment that 9,053
occurs after fourteen working days following the date the notice 9,054
was mailed and is required to continue the withholding at the 9,055
intervals specified in the notice; 9,056
(vii) A requirement that the bureau or employer promptly 9,058
notify the child support enforcement agency, in writing, within 9,059
ten working days after the date of any termination of the 9,060
obligor's workers' compensation benefits; 9,061
(viii) A requirement that the bureau or employer include 9,063
in all notices the obligor's last known mailing address, last 9,064
known residence address, and social security number; 9,065
(ix) A requirement that, no later than the earlier of 9,067
forty-five days before the lump sum payment is to be made or, if 9,068
the obligor's right to the lump sum payment is determined less 9,069
than forty-five days before it is to be made, the date on which 9,070
that determination is made, the bureau or employer notify the 9,071
child support enforcement agency of any lump-sum payment of any 9,072
kind of five hundred dollars or more that is to be paid to the 9,073
obligor, hold the lump-sum payment for thirty days after the date 9,074
on which the lump-sum payment otherwise would be paid to the 9,075
obligor, and, upon order of the agency, pay any specified amount 9,076
of the lump-sum payment to the agency.; 9,077
216
(x) If the notice is sent to an employer who is paying the 9,079
obligor's workers' compensation benefits a statement that, in 9,080
addition to the amount withheld for support, the employer may 9,081
withhold a fee from the obligor's benefits as a charge for its 9,082
services in complying with the notice and a specification of the 9,083
amount that may be withheld. 9,084
(c) The agency shall send the notice described in division 9,086
(B)(2)(b) of this section to the obligor and shall attach to the 9,087
notice an additional notice requiring the obligor to immediately 9,088
notify the child support enforcement agency, in writing, of any 9,089
change in the obligor's workers' compensation payments, of the 9,091
commencement of employment, including self-employment, and of the 9,092
availability of any other sources of income that can be the 9,093
subject of any withholding or deduction requirement described in 9,094
division (B) of this section. The agency shall serve the notices 9,095
upon the obligor at the same time as service of the 9,096
administrative support order or, if the administrative support 9,097
order previously has been issued, shall send the notices to the 9,098
obligor by regular mail at the obligor's last known address at 9,099
the same time that it sends the notice described in division 9,101
(B)(2)(b) of this section to the bureau or employer. The 9,102
additional notice also shall specify that upon commencement of 9,103
employment the obligor may request the child support enforcement 9,104
agency to cancel its administrative workers' compensation payment 9,105
withholding notice and instead issue a notice requiring the 9,106
withholding of an amount from the obligor's personal earnings for 9,107
support in accordance with division (B)(1) of this section and 9,108
that upon commencement of employment the agency may cancel its 9,109
workers' compensation payment withholding notice and instead will 9,110
issue a notice requiring the withholding of an amount from the 9,111
obligor's personal earnings for support in accordance with 9,112
division (B)(1) of this section. The notification required of 9,113
the obligor shall include a description of the nature of any new 9,114
employment, the name and business address of any new employer, 9,115
217
and any other information reasonably required by the agency. 9,116
(3)(a) If the child support enforcement agency determines 9,118
that the obligor is receiving any pension, annuity, allowance, or 9,119
other benefit or is to receive or has received a warrant 9,120
refunding the obligor's individual account from the public 9,121
employees retirement system, a municipal retirement system 9,122
established subject to sections 145.01 to 145.58 of the Revised 9,123
Code, the police and firemen's disability and pension fund, the 9,125
state teachers retirement system, the school employees retirement 9,126
system, or the state highway patrol retirement system, the agency 9,127
may require the public employees retirement board, the board, 9,128
board of trustees, or other governing entity of any municipal 9,129
retirement system, the board of trustees of the police and 9,130
firemen's disability and pension fund, the state teachers 9,132
retirement board, the school employees retirement board, or the 9,133
state highway patrol retirement board to withhold from the 9,134
obligor's pension, annuity, allowance, other benefit, or warrant 9,135
a specified amount for support in satisfaction of the support 9,136
order, to begin the withholding no later than the date of the 9,137
first payment that occurs after fourteen working days following 9,138
the date the notice was mailed to the board, board of trustees, 9,139
or other entity under divisions (A)(2) or (3) and (B)(3)(b) of 9,140
this section, to send the amount withheld to the child support 9,141
enforcement agency designated for that county pursuant to section 9,142
2301.35 of the Revised Code, to send that amount to the agency 9,143
immediately but not later than ten days after the date the 9,144
payment is made to the obligor, to provide the date on which the 9,145
amount was withheld, and to continue the withholding at intervals 9,146
specified in the notice until further withholding notice of the 9,147
agency. To the extent possible, the amount specified in the 9,148
notice to be withheld shall satisfy the amount ordered for 9,149
support in the support order plus any arrearages that may be owed 9,150
by the obligor under any prior court or administrative support 9,151
order that pertained to the same child or spouse, notwithstanding 9,152
218
the limitations of sections 2329.66, 2329.70, and 2716.13 of the 9,153
Revised Code. However, in no case shall the sum of the amount 9,154
specified in the notice to be withheld and any fee withheld by 9,155
the board, board of trustees, or other entity as a charge for its 9,156
services exceed the maximum amount permitted under section 303(b) 9,157
of the "Consumer Credit Protection Act," 15 U.S.C. 1673(b). 9,158
(b) If the agency imposes a withholding requirement under 9,160
division (B)(3)(a) of this section, it, within the applicable 9,161
period of time specified in division (A) of this section, shall 9,162
send to the board, board of trustees, or other entity by regular 9,163
mail a notice that contains all of the information set forth in 9,164
divisions (B)(3)(b)(i) to (ix) of this section. The notice is 9,165
final and is enforceable by the court. The notice shall contain 9,166
all of the following: 9,167
(i) The amount to be withheld from the obligor's pension, 9,169
annuity, allowance, other benefit, or warrant and a statement 9,170
that the amount actually withheld for support and other purposes, 9,171
including the fee described in division (B)(3)(b)(ix) of this 9,172
section, shall not be in excess of the maximum amounts permitted 9,173
under section 303(b) of the "Consumer Credit Protection Act," 15 9,174
U.S.C. 1673(b); 9,175
(ii) A statement that the board, board of trustees, or 9,177
other entity is required to send the amount withheld to the child 9,178
support enforcement agency immediately, but not later than ten 9,179
working days, after the payment is made to the obligor and is 9,180
required to report to the agency the date on which the amount was 9,181
withheld from the obligor's payments; 9,182
(iii) A statement that the withholding is binding upon the 9,184
board, board of trustees, or other entity until further notice 9,185
from the court or agency; 9,186
(iv) A statement that the withholding in accordance with 9,188
the notice and under the provisions of this section has priority 9,189
over any other legal process under the law of this state against 9,190
the same payment of the pension, annuity, allowance, other 9,191
219
benefit, or warrant; 9,192
(v) The date on which the notice was mailed and a 9,194
statement that the board, board of trustees, or other entity is 9,195
required to implement the withholding no later than the date of 9,196
the first payment that occurs after fourteen working days 9,197
following the date the notice was mailed and is required to 9,198
continue the withholding at the intervals specified in the 9,199
notice; 9,200
(vi) A requirement that the board, board of trustees, or 9,202
other entity promptly notify the child support enforcement 9,203
agency, in writing, within ten working days after the date of any 9,204
termination of the obligor's pension, annuity, allowance, or 9,205
other benefit; 9,206
(vii) A requirement that the board, board of trustees, or 9,208
other entity include in all notices the obligor's last known 9,209
mailing address, last known residence address, and social 9,210
security number; 9,211
(viii) A requirement that, no later than the earlier of 9,213
forty-five days before the lump-sum payment is to be made or, if 9,214
the obligor's right to the lump-sum payment is determined less 9,215
than forty-five days before it is to be made, the date on which 9,216
that determination is made, the board, board of trustees, or 9,217
other entity notify the child support enforcement agency of any 9,218
lump-sum payment of any kind of five hundred dollars or more that 9,219
is to be paid to the obligor, hold the lump-sum payment for 9,220
thirty days after the date on which the lump-sum payment would 9,221
otherwise be paid to the obligor, if the lump-sum payments are 9,222
lump-sum payments of retirement benefits or contributions, and, 9,223
upon order of the agency, pay any specified amount of the 9,224
lump-sum payment to the agency.; 9,225
(ix) A statement that, in addition to the amount withheld 9,227
for support, the board, board of trustees, or other entity may 9,228
withhold a fee from the obligor's pension, annuity, allowance, 9,229
other benefit, or warrant as a charge for its services in 9,230
220
complying with the notice and a specification of the amount that 9,231
may be withheld. 9,232
(c) The agency shall send the notice described in division 9,234
(B)(3)(b) of this section to the obligor and shall attach to the 9,235
notice an additional notice requiring the obligor immediately to 9,236
notify the child support enforcement agency, in writing, of any 9,237
change in the obligor's pension, annuity, allowance, or other 9,238
benefit, of the commencement of employment, including 9,240
self-employment, and of the availability of any other sources of 9,241
income that can be the subject of any withholding or deduction 9,242
requirement described in division (B) of this section. The 9,243
agency shall serve the notices upon the obligor at the same time 9,244
as service of the administrative support order or, if the 9,245
administrative support order previously has been issued, shall 9,246
send the notices to the obligor by regular mail, at the obligor's 9,247
last known address, at the same time it sends the notice 9,249
described in division (B)(3)(b) of this section to the board, 9,250
board of trustees, or other entity. The additional notice also 9,251
shall notify the obligor that upon commencement of employment the 9,252
obligor may request the agency to issue a notice requiring the 9,254
withholding of an amount from the obligor's personal earnings for 9,255
support in accordance with division (B)(1) of this section and 9,256
that upon commencement of employment the agency may cancel its 9,257
withholding notice under division (B)(3)(b) of this section and 9,258
instead will issue a notice requiring the withholding of an 9,259
amount from the obligor's personal earnings for support in 9,260
accordance with division (B)(1) of this section. The
notification required of the obligor shall include a description 9,261
of the nature of any new employment, the name and business 9,262
address of any new employer, and any other information reasonably 9,263
required by the agency. 9,264
(4)(a) If the child support enforcement agency determines 9,266
that the obligor is receiving any form of income, including, but 9,267
not limited to, disability or sick pay, insurance proceeds, 9,268
221
lottery prize awards, federal, state, or local government 9,269
benefits to the extent that the benefits can be withheld or 9,270
deducted under any law governing the benefits, any form of trust 9,271
fund or endowment fund, vacation pay, commissions and draws 9,272
against commissions that are paid on a regular basis, bonuses or 9,273
profit-sharing payments or distributions, or any lump-sum 9,274
payments, the agency may require the person who pays or otherwise 9,275
distributes the income to the obligor to withhold from the 9,276
obligor's income a specified amount for support in satisfaction 9,277
of the administrative support order, to begin the withholding no 9,278
later than the date of the first payment that occurs after 9,279
fourteen working days following the date the notice was mailed to 9,280
the person paying or otherwise distributing the obligor's income 9,281
under divisions (A)(2) or (3) and (B)(4)(b) of this section, to 9,282
send the amount withheld to the child support enforcement agency 9,283
designated for that county pursuant to section 2301.35 of the 9,284
Revised Code, to send that amount to the agency immediately but 9,285
not later than ten days after the date the payment is made to the 9,286
obligor, to provide the date on which the amount was withheld, 9,287
and to continue the withholding at intervals specified in the 9,288
notice until further notice from the agency. To the extent 9,289
possible, the amount specified in the notice to be withheld shall 9,290
satisfy the amount ordered for support in the administrative 9,291
support order plus any arrearages that may be owed by the obligor 9,292
under any prior court or administrative support order that 9,293
pertained to the same child or spouse, notwithstanding the 9,294
limitations of sections 2329.66, 2329.70, and 2716.13 of the 9,295
Revised Code. However, in no case shall the sum of the amount 9,296
specified in the notice to be withheld and any fee withheld by 9,297
the person paying or otherwise distributing the obligor's income 9,298
as a charge for its services exceed the maximum amount permitted 9,299
under section 303(b) of the "Consumer Credit Protection Act," 15 9,300
U.S.C. 1673(b). 9,301
(b) If the agency imposes a withholding requirement under 9,303
222
division (B)(4)(a) of this section, it, within the applicable 9,304
period of time specified in division (A) of this section, shall 9,305
send to the person paying or otherwise distributing the obligor's 9,306
income by regular mail a notice that contains all of the 9,307
information set forth in divisions (B)(4)(b)(i) to (ix) of this 9,308
section. The notice is final and is enforceable by the court. 9,309
The notice shall contain all of the following: 9,310
(i) The amount to be withheld from the obligor's income 9,312
and a statement that the amount actually withheld for support and 9,313
other purposes, including the fee described in division 9,314
(B)(4)(b)(ix) of this section, shall not be in excess of the 9,315
maximum amounts permitted under section 303(b) of the "Consumer 9,316
Credit Protection Act," 15 U.S.C. 1673(b); 9,317
(ii) A statement that the person paying or otherwise 9,319
distributing the obligor's income is required to send the amount 9,320
withheld to the child support enforcement agency immediately, but 9,321
not later than ten working days, after the payment is made to the 9,322
obligor and is required to report to the agency the date on which 9,323
the amount was withheld from the obligor's payments; 9,324
(iii) A statement that the withholding is binding upon the 9,326
person paying or otherwise distributing the obligor's income 9,327
until further notice from the court or agency; 9,328
(iv) A statement that the withholding in accordance with 9,330
the notice and under the provisions of this section has priority 9,331
over any other legal process under the law of this state against 9,332
the same payment of the income; 9,333
(v) The date on which the notice was mailed and a 9,335
statement that the person paying or otherwise distributing the 9,336
obligor's income is required to implement the withholding no 9,337
later than the date of the first payment that occurs after 9,338
fourteen working days following the date the notice was mailed 9,339
and is required to continue the withholding at the intervals 9,340
specified in the notice; 9,341
(vi) A requirement that the person paying or otherwise 9,343
223
distributing the obligor's income promptly notify the child 9,344
support enforcement agency, in writing, within ten days after the 9,345
date of any termination of the obligor's income; 9,346
(vii) A requirement that the person paying or otherwise 9,348
distributing the obligor's income include in all notices the 9,349
obligor's last known mailing address, last known residence 9,350
address, and social security number; 9,351
(viii) A requirement that, no later than the earlier of 9,353
forty-five days before the lump-sum payment is to be made or, if 9,354
the obligor's right to the lump-sum payment is determined less 9,355
than forty-five days before it is to be made, the date on which 9,356
that determination is made, the person paying or otherwise 9,357
distributing the obligor's income notify the child support 9,358
enforcement agency of any lump-sum payment of any kind of five 9,359
hundred dollars or more that is to be paid to the obligor, hold 9,360
the lump-sum payment for thirty days after the date on which the 9,361
lump-sum payment would otherwise be paid to the obligor, if the 9,362
lump-sum payment is sick pay, lump-sum payment of retirement 9,363
benefits or contributions, or profit-sharing payments or 9,364
distributions, and, upon order of the agency, pay any specified 9,365
amount of the lump-sum payment to the child support enforcement 9,366
agency.; 9,367
(ix) A statement that, in addition, to the amount withheld 9,369
for support, the person paying or otherwise distributing the 9,370
obligor's income may withhold a fee from the obligor's income as 9,371
a charge for its services in complying with the notice and a 9,372
specification of the amount that may be withheld. 9,373
(c) The agency shall send the notice described in division 9,375
(B)(4)(b) of this section to the obligor and shall attach to the 9,376
notice an additional notice requiring the obligor immediately to 9,377
notify the child support enforcement agency, in writing, of any 9,378
change in income to which the withholding notice applies, of the 9,380
commencement of employment, including self-employment, and of the 9,381
availability of any other sources of income that can be the
224
subject of any withholding or deduction requirement described in 9,382
division (B) of this section. The agency shall serve the notices 9,383
upon the obligor at the same time as service of the 9,384
administrative support order or, if the administrative support 9,385
order previously has been issued, shall send the notices to the 9,386
obligor by regular mail at the obligor's last known address at 9,387
the same time that it sends the notice described in division 9,388
(B)(4)(b) of this section to the person paying or otherwise 9,389
distributing the obligor's income. The additional notice also 9,390
shall notify the obligor that upon commencement of employment the 9,391
obligor may request the agency to issue a notice requiring the 9,392
withholding of an amount from the obligor's personal earnings for 9,393
support in accordance with division (B)(1) of this section and 9,394
that upon commencement of employment the agency may cancel its 9,395
withholding notice under division (B)(4)(b) of this section and 9,396
instead will issue a notice requiring the withholding of an 9,397
amount from the obligor's personal earnings for support in 9,398
accordance with division (B)(1) of this section. The 9,399
notification required of the obligor shall include a description 9,400
of the nature of any new employment, the name and business 9,401
address of any new employer, and any other information reasonably 9,402
required by the court.
(5)(a) If the child support enforcement agency determines 9,404
that the obligor has funds on deposit in any account in a 9,405
financial institution under the jurisdiction of the court, the 9,406
agency may require any financial institution in which the 9,407
obligor's funds are on deposit to deduct from the obligor's 9,408
account a specified amount for support in satisfaction of the 9,409
administrative support order, to begin the deduction no later 9,410
than fourteen working days following the date the notice was 9,411
mailed to the financial institution under divisions (A)(2) or (3) 9,412
and (B)(5)(b) of this section, to send the amount deducted to the 9,413
child support enforcement agency designated for that county 9,414
pursuant to section 2301.35 of the Revised Code, to send that 9,415
225
amount to the agency immediately but not later than ten days 9,416
after the date the latest deduction was made, to provide the date 9,417
on which the amount was deducted, and to continue the deduction 9,418
at intervals specified in the notice until further notice from 9,419
the agency. To the extent possible, the amount specified in the 9,420
notice to be deducted shall satisfy the amount ordered for 9,421
support in the administrative support order plus any arrearages 9,422
that may be owed by the obligor under any prior court or 9,423
administrative support order that pertained to the same child or 9,424
spouse, notwithstanding the limitations of sections 2329.66, 9,425
2329.70, and 2716.13 of the Revised Code. However, in no case 9,426
shall the sum of the amount specified in the notice to be 9,427
deducted and the fee deducted by the financial institution as a 9,428
charge for its services exceed the maximum amount permitted under 9,429
section 303(b) of the "Consumer Credit Protection Act," 15 U.S.C. 9,430
1673(b). 9,431
(b) If the agency imposes a deduction requirement under 9,433
division (B)(5)(a) of this section, it, within the applicable 9,434
period of time specified in division (A) of this section, shall 9,435
send to the financial institution by regular mail a notice that 9,436
contains all of the information set forth in divisions 9,437
(B)(5)(b)(i) to (viii) of this section. The notice is final and 9,438
is enforceable by the court. The notice shall contain all of the 9,439
following: 9,440
(i) The amount to be deducted from the obligor's account 9,442
and a statement that the amount actually deducted for support and 9,443
other purposes, including the fee described in division 9,444
(B)(5)(b)(viii) of this section, shall not be in excess of the 9,445
maximum amounts permitted under section 303(b) of the "Consumer 9,446
Credit Protection Act," 15 U.S.C. 1673(b); 9,447
(ii) A statement that the financial institution is 9,449
required to send the amount deducted to the child support 9,450
enforcement agency immediately, but not later than ten working 9,451
days, after the date the last deduction was made and is required 9,452
226
to report to the agency the date on which the amount was deducted 9,453
from the obligor's account; 9,454
(iii) A statement that the deduction is binding upon the 9,456
financial institution until further notice from the court or 9,457
agency; 9,458
(iv) A statement that the withholding in accordance with 9,460
the notice and under the provisions of this section has priority 9,461
over any other legal process under the law of this state against 9,462
the same account; 9,463
(v) The date on which the notice was mailed and a 9,465
statement that the financial institution is required to implement 9,466
the deduction no later than fourteen working days following the 9,467
date the notice was mailed and is required to continue the 9,468
deduction at the intervals specified in the notice; 9,469
(vi) A requirement that the financial institution promptly 9,471
notify the child support enforcement agency, in writing, within 9,472
ten days after the date of any termination of the account from 9,473
which the deduction is being made and notify the agency, in 9,474
writing, of the opening of a new account at that financial 9,475
institution, the account number of the new account, the name of 9,476
any other known financial institutions in which the obligor has 9,477
any accounts, and the numbers of those accounts; 9,478
(vii) A requirement that the financial institution include 9,480
in all notices the obligor's last known mailing address, last 9,481
known residence address, and social security number; 9,482
(viii) A statement that, in addition to the amount 9,484
deducted for support, the financial institution may deduct a fee 9,485
from the obligor's account as a charge for its services in 9,486
complying with the administrative order and a specification of 9,487
the amount that may be deducted. 9,488
(c) The agency shall send the notice described in division 9,490
(B)(5)(b) of this section to the obligor and shall attach to the 9,491
notice an additional notice requiring the obligor immediately to 9,492
notify the child support enforcement agency, in writing, of any 9,493
227
change in the status of the account from which the amount of 9,494
support is being deducted or the opening of a new account with 9,495
any financial institution, of the commencement of employment, 9,496
including self-employment, or of the availability of any other 9,497
sources of income that can be the subject of any withholding or 9,498
deduction requirement described in division (B) of this section. 9,499
The agency shall serve the notices upon the obligor at the same 9,500
time as service of the administrative support order or, if the 9,501
support order previously has been issued, shall send the notices 9,502
to the obligor by regular mail at the obligor's last known 9,503
address at the same time that it sends the notice described in 9,505
division (B)(5)(b) of this section to the obligor. The 9,506
additional notice also shall notify the obligor that upon 9,507
commencement of employment, the obligor may request the agency to 9,508
cancel its financial institution account deduction notice and 9,509
instead issue a notice requiring the withholding of an amount 9,510
from the obligor's personal earnings for support in accordance 9,511
with division (B)(1) of this section and that upon commencement 9,512
of employment the agency may cancel its financial institution 9,513
account deduction notice and instead will issue a notice 9,514
requiring the withholding of an amount from the obligor's 9,515
personal earnings for support in accordance with division (B)(1) 9,516
of this section. The notification required of the obligor shall 9,517
include a description of the nature of any new accounts opened at 9,518
a financial institution located in the county in which the agency 9,519
is located, the name and business address of that financial 9,520
institution, a description of the nature of any new employment, 9,521
the name and business address of any new employer, and any other 9,522
information reasonably required by the agency. 9,523
(C) If an agency issues or modifies an administrative 9,525
support order under section 3111.20, 3111.21, or 3111.22 of the 9,527
Revised Code and issues one or more notices described in division
(B) of this section, the agency to the extent possible shall 9,528
issue a sufficient number of notices under division (B) of this 9,529
228
section to provide that the aggregate amount withheld or deducted 9,530
under those notices satisfies the amount ordered for support in 9,531
the administrative support order plus any arrearages that may be 9,532
owed by the obligor under any prior court or administrative 9,533
support order that pertained to the same child or spouse, 9,534
notwithstanding the limitations of sections 2329.66, 2329.70, 9,535
2716.13, and 4123.67 of the Revised Code. However, in no case 9,536
shall the aggregate amount withheld or deducted and any fees 9,537
withheld or deducted as a charge for services exceed the maximum 9,538
amount permitted under section 303(b) of the "Consumer Credit 9,539
Protection Act," 15 U.S.C. 1673(b). 9,540
(D) When two or more withholding or deduction notices that 9,542
are described in division (B) of this section are received by an 9,543
employer, the bureau of workers' compensation, an employer that 9,544
is paying more than one person's workers' compensation benefits, 9,545
the public employees retirement board, the board, board of 9,546
trustees, or other governing entity of any municipal retirement 9,547
system, the board of trustees of the police and firemen's 9,548
disability and pension fund, the state teachers retirement board, 9,550
the school employees retirement board, the state highway patrol 9,551
retirement board, a person paying or otherwise distributing 9,552
income for more than one obligor, or a financial institution, the 9,553
employer, bureau of workers' compensation, employer paying 9,554
workers' compensation benefits, board, board of trustees, or 9,555
other governing entity of a retirement system, person paying or 9,556
distributing income to an obligor, or financial institution shall 9,557
comply with all of the requirements contained in the notices to 9,558
the extent that the total amount withheld from the obligor's 9,559
personal earnings, payments, pensions, annuities, allowances, 9,560
benefits, other sources of income, or savings does not exceed the 9,561
maximum amount permitted under section 303(b) of the "Consumer 9,562
Credit Protection Act," 15 U.S.C. 1673(b), withhold or deduct 9,563
amounts in accordance with the allocation set forth in divisions 9,564
(D)(1) and (2) of this section, notify each agency that issued 9,565
229
one of the notices of the allocation, and give priority to 9,566
amounts designated in each notice as current support in the 9,567
following manner: 9,568
(1) If the total of the amounts designated in the notices 9,570
as current support exceeds the amount available for withholding 9,571
under section 303(b) of the "Consumer Credit Protection Act," 15 9,572
U.S.C. 1673(b), the employer, bureau of workers' compensation, 9,573
employer paying workers' compensation benefits, board, board of 9,574
trustees, or other governing entity of a municipal retirement 9,575
system, person paying or distributing income to an obligor, or 9,576
financial institution shall allocate to each notice an amount for 9,577
current support equal to the amount designated in that notice as 9,578
current support multiplied by a fraction in which the numerator 9,579
is the amount of personal earnings, payments, pensions, 9,580
annuities, allowances, benefits, other sources of income, or 9,581
savings available for withholding and the denominator is the 9,582
total amount designated in all of the notices as current support. 9,583
(2) If the total of the amounts designated in the notices 9,585
as current support does not exceed the amount available for 9,586
withholding under section 303(b) of the "Consumer Credit 9,587
Protection Act," 15 U.S.C. 1673(b), the persons and entities 9,588
listed in division (C)(1) of this section shall pay all of the 9,589
amounts designated as current support in the notices and shall 9,590
allocate to each notice an amount for past-due support equal to 9,591
the amount designated in that notice as past-due support 9,592
multiplied by a fraction in which the numerator is the amount of 9,593
personal earnings, payments, pensions, annuities, allowances, 9,594
benefits, other sources of income, or savings remaining available 9,595
for withholding after the payment of current support and the 9,596
denominator is the total amount designated in all of the notices 9,597
orders as past-due support. 9,598
(E)(1) Except when a provision specifically authorizes or 9,600
requires service other than as described in this division, 9,601
service of any notice on any party, the bureau of workers' 9,602
230
compensation, an employer that is paying a person's workers' 9,603
compensation benefits, the public employees retirement board, the 9,604
board, board of trustees, or other governing entity of any 9,605
municipal retirement system, the board of trustees of the police 9,606
and firemen's disability and pension fund, the state teachers 9,608
retirement board, the school employees retirement board, the 9,609
state highway patrol retirement board, a person paying or 9,610
otherwise distributing an obligor's income, a financial 9,611
institution, or an employer, for purposes of division (A) or (B) 9,612
of this section, may be made by personal service or ordinary 9,613
first class mail directed to the addressee at the addressee's 9,614
last known address, or, in the case of a corporation, at its 9,615
usual place of doing business. 9,616
(2) Each party to an administrative support order shall 9,618
notify the child support enforcement agency of the party's 9,619
current mailing address and current residence address at the time 9,620
of the issuance or modification of the order and, until further 9,621
notice of the agency that issues the order, shall notify the 9,622
agency of any change in either address immediately after the 9,623
change occurs. No person shall fail to give the notice as 9,624
required by division (E)(2) of this section. 9,625
(3) Each administrative support order issued pursuant to 9,627
this section shall contain a statement requiring each party to 9,628
the order to notify the child support enforcement agency in 9,629
writing of the party's current mailing address, the party's 9,630
current residence address, and of any changes in either address, 9,631
and a notice that the requirement to notify the agency of all 9,632
changes in either address continues until further notice from the 9,633
agency. 9,634
(4)(a) The parent who is the residential parent and legal 9,636
custodian of a child for whom an administrative support order is 9,637
issued or the person who otherwise has custody of a child for 9,638
whom an administrative support order is issued immediately shall 9,639
notify, and the obligor under an administrative support order may 9,640
231
notify, the child support enforcement agency of any reason for 9,641
which an administrative support order should terminate, 9,642
including, but not limited to, death, marriage, emancipation, 9,643
enlistment in the armed services, deportation, or change of legal 9,644
or physical custody of the child. Upon receipt of a notice 9,645
pursuant to this division, the agency immediately shall conduct 9,646
an investigation to determine if any reason exists for which the 9,647
administrative support order should terminate. If the agency so 9,648
determines, it immediately shall terminate the administrative 9,649
support order. 9,650
(b) Upon receipt of a notice given pursuant to division 9,652
(E)(4)(a) of this section, the agency shall impound any funds 9,653
received for the child pursuant to the administrative support 9,654
order and set the case for an administrative hearing for a 9,655
determination of whether the administrative support order should 9,656
be terminated or modified or whether the agency should take any 9,657
other appropriate action. 9,658
(c) If the child support enforcement agency terminates an 9,660
administrative support order pursuant to divisions (E)(4)(a) and 9,661
(b) of this section, the termination of the support order also 9,662
terminates any withholding or deduction order as described in 9,663
division (B) of this section that was issued relative to the 9,664
administrative support order prior to December 31, 1993, and any 9,665
withholding or deduction notice as described in division (B) of 9,666
this section that was issued relative to the administrative 9,667
support order on or after December 31, 1993. Upon the 9,668
termination of any withholding or deduction order or any 9,669
withholding or deduction notice, the agency immediately shall 9,670
notify each employer, financial institution, or other person or 9,671
entity that was required to withhold or deduct a sum of money for 9,672
the payment of support under the terminated withholding or 9,673
deduction order or the terminated withholding or deduction notice 9,674
that the order or notice has been terminated and that it is 9,675
required to cease all withholding or deduction under the order or 9,676
232
notice. 9,677
(d) The department of human services shall adopt rules 9,679
that provide for both of the following: 9,680
(i) The return to the appropriate person of any funds that 9,682
a child support enforcement agency has impounded under division 9,683
(E)(4)(b) of this section, if the administrative support order 9,684
under which the funds were paid has been terminated pursuant to 9,685
divisions (E)(4)(a) and (b) of this section; 9,686
(ii) The return to the appropriate person of any other 9,688
payments made pursuant to an administrative support order, if the 9,689
payments were made at any time after the administrative support 9,690
order under which the funds were paid has been terminated 9,691
pursuant to divisions (E)(4)(a) and (b) of this section. 9,692
(5) If any party to an administrative support order 9,694
requests a modification of the administrative support order or if 9,695
any obligee under an administrative support order or any person 9,696
on behalf of the obligee files any action to enforce an 9,697
administrative support order with the agency, the agency shall 9,698
proceed as provided in sections 3111.20 to 3111.28 and 3113.21 to 9,700
3113.219 of the Revised Code.
(F)(1) Upon receipt of a notice that a lump-sum payment of 9,702
five hundred dollars or more is to be paid to the obligor, the 9,703
agency shall do either of the following: 9,704
(a) If the obligor is in default under the administrative 9,706
support order or has any unpaid arrearages under the 9,707
administrative support order, issue an administrative order 9,708
requiring the transmittal of the lump-sum payment to the child 9,709
support enforcement agency; 9,710
(b) If the obligor is not in default under the 9,712
administrative support order and does not have any unpaid 9,713
arrearages under the support order, issue an administrative order 9,714
directing the person who gave the notice to the agency to 9,715
immediately pay the full amount of the lump-sum payment to the 9,716
obligor. 9,717
233
(2) Upon receipt of any moneys pursuant to division 9,719
(F)(1)(a) of this section, a child support enforcement agency 9,720
shall pay the amount of the lump-sum payment that is necessary to 9,721
discharge all of the obligor's arrearages to the obligee and, 9,722
within two business days after its receipt of the money, any 9,723
amount that is remaining after the payment of the arrearages to 9,724
the obligor. 9,725
(G)(1) Any administrative support order, or modification 9,727
of an administrative support order, that is subject to this 9,728
section shall contain the date of birth and social security 9,729
number of the obligor. 9,730
(2) No withholding or deduction notice described in 9,732
division (B) of this section shall contain any information other 9,733
than the information specifically required by division (B) or 9,734
(G)(3) of this section or by any other section of the Revised 9,735
Code and any additional information that the issuing agency 9,736
determines may be necessary to comply with the notice. 9,737
(3) Each withholding or deduction notice described in 9,739
division (B) of this section shall include notice of all of the 9,740
following: 9,741
(a) That the child support enforcement agency may bring an 9,743
action under section 3111.28 of the Revised Code requesting the 9,744
court to find the employer, financial institution, employer that 9,746
is paying the obligor's workers' compensation benefits, public 9,747
employees retirement board, board, board of trustees, or other 9,748
governing entity of any municipal retirement system, board of 9,749
trustees of the police and firemen's disability and pension fund, 9,750
state teachers retirement board, school employees retirement 9,752
board, state highway patrol retirement board, person paying or 9,753
otherwise distributing an obligor's income, or bureau of workers' 9,754
compensation in contempt pursuant to section 2705.02 of the 9,755
Revised Code if the employer, financial institution, employer 9,756
that is paying the obligor's workers' compensation benefits, 9,757
public employees retirement board, board, board of trustees, or 9,758
234
other governing entity of the municipal retirement system, board 9,759
of trustees of the police and firemen's disability and pension 9,760
fund, state teachers retirement board, school employees 9,761
retirement board, state highway patrol retirement board, person 9,763
paying or otherwise distributing the obligor's income, or bureau 9,764
of workers' compensation fails to comply with the withholding or 9,765
deduction notice;
(b) That, if the employer, financial institution, employer 9,767
that is paying the obligor's workers' compensation benefits, 9,768
public employees retirement board, board, board of trustees, or 9,769
other governing entity of the municipal retirement system, board 9,770
of trustees of the police and firemen's disability and pension 9,772
fund, state teachers retirement board, school employees 9,773
retirement board, state highway patrol retirement board, person 9,774
paying or otherwise distributing an obligor's income, or bureau 9,775
of workers' compensation fails to comply with the withholding or 9,776
deduction notice, that failure to comply is contempt pursuant to 9,779
section 2705.02 of the Revised Code.
(H) No withholding or deduction notice described in 9,781
division (B) of this section and issued under this section or any 9,782
other section of the Revised Code shall be terminated solely 9,783
because the obligor pays any part or all of the arrearages under 9,784
the administrative support order. 9,785
(I)(1) Except as provided in division (I)(2) of this 9,787
section and section 2301.42 of the Revised Code and the rules 9,788
adopted pursuant to division (C) of that section, if child 9,789
support arrearages are owed by an obligor to the obligee and to 9,791
the department of human services, any payments received on the 9,792
arrearages by the child support enforcement agency first shall be 9,793
paid to the obligee until the arrearages owed to the obligee are 9,794
paid in full.
(2) Division (I)(1) of this section does not apply to the 9,796
collection of past-due child support from refunds of paid federal 9,797
taxes pursuant to section 5101.32 of the Revised Code or of 9,798
235
overdue child support from refunds of paid state income taxes 9,799
pursuant to sections 5101.321 and 5747.121 of the Revised Code. 9,800
Sec. 3113.06. No father, or mother when she is charged 9,809
with the maintenance, of a child under eighteen years of age, or 9,811
a mentally or physically handicapped child under age twenty-one, 9,812
who is legally a ward of a county PUBLIC children services board 9,813
or of a county department of human services AGENCY or is the 9,814
recipient of aid pursuant to Chapter 5107. or 5115. of the 9,816
Revised Code, shall neglect or refuse to pay such board or 9,817
department AGENCY the reasonable cost of maintaining such child 9,819
when such father or mother is able to do so by reason of 9,820
property, labor, or earnings.
An offense under this section shall be held committed in 9,822
the county in which the board or department AGENCY is located. 9,823
The board or department AGENCY shall file charges against any 9,824
parent who violates this section, unless the board or department 9,825
AGENCY files charges under section 2919.21 of the Revised Code, 9,827
or unless charges of nonsupport are filed by a relative or 9,828
guardian of the child, or unless an action to enforce support is 9,829
brought under Chapter 3115. of the Revised Code. 9,830
Sec. 3113.07. As used in this section, "executive 9,840
director" has the same meaning as in section 5153.01 of the 9,841
Revised Code. 9,842
Sentence may be suspended, if a person, after conviction 9,844
under section 3113.06 of the Revised Code and before sentence 9,845
thereunder, appears before the court of common pleas in which 9,846
such conviction took place and enters into bond to the state in a 9,847
sum fixed by the court at not less than five hundred dollars, 9,848
with sureties approved by such court, conditioned that such 9,849
person will pay, so long as the child remains a ward of the 9,850
county PUBLIC children services board or county department of 9,851
human services AGENCY or a recipient of aid pursuant to Chapter 9,852
5107. or 5115. of the Revised Code, to the executive director 9,854
thereof or to a trustee to be named by the court, for the benefit 9,855
236
of such department or board AGENCY or if the child is a recipient 9,856
of aid pursuant to Chapter 5107. or 5115. of the Revised Code, to 9,858
the county department of human services, the reasonable cost of 9,859
keeping such child. The amount of such costs and the time of
payment shall be fixed by the court. 9,860
Sec. 3113.21. (A)(1) In any action in which support is 9,869
ordered under Chapter 3115. or under section 2151.23, 2151.33, 9,870
2151.36, 2151.49, 3105.18, 3105.21, 3109.05, 3109.19, 3111.13, 9,872
3113.04, 3113.07, 3113.216, or 3113.31 of the Revised Code, the 9,874
court shall require the withholding or deduction of wages or 9,875
assets of the obligor in accordance with division (D) of this 9,876
section or require the issuance of another type of appropriate 9,877
court order in accordance with division (D)(6) or (7) or (H) of 9,878
this section to ensure that withholding or deduction from the 9,879
wages or assets of the obligor is available from the commencement 9,880
of the support order for the collection of the support and any 9,881
arrearages that occur. The court shall determine the specific 9,882
withholding or deduction requirements or other appropriate 9,883
requirements applicable to the obligor under the support order in 9,884
accordance with divisions (D) and (H) of this section and section 9,885
2301.371 of the Revised Code and shall include the specific 9,886
requirements in the notices described in divisions (A)(2) and (D) 9,887
of this section or in the court orders described in divisions 9,888
(A)(2), (D)(6) or (7), and (H) of this section. Any person 9,889
required to comply with any withholding or deduction requirement 9,890
shall determine the manner of withholding or deducting from the 9,891
specific requirement included in the notices described in those 9,892
divisions without the need for any amendment to the support 9,893
order, and any person required to comply with a court order 9,894
described in division (D)(6), (D)(7), or (H) of this section 9,895
shall comply with the court order without the need for any 9,896
amendment to the support order. The court shall include in any 9,897
action in which support is ordered as described in division 9,898
(A)(1) of this section a general provision that states the 9,899
237
following:
"All child support and spousal support under this order 9,902
shall be withheld or deducted from the wages or assets of the 9,903
obligor pursuant to a withholding or deduction notice or 9,904
appropriate court order issued in accordance with section 3113.21 9,905
of the Revised Code and shall be forwarded to the obligee in 9,906
accordance with sections 3113.21 to 3113.214 of the Revised 9,908
Code."
(2) In any action in which support is ordered or modified 9,910
as described in division (A)(1) of this section, the court shall 9,911
determine in accordance with divisions (D) and (H) of this 9,912
section the types of withholding or deduction requirements or 9,913
other appropriate requirements that should be imposed relative to 9,914
the obligor under the support order to collect the support due 9,915
under the order. Within fifteen days after the obligor under the 9,916
support order is located subsequent to the issuance of the 9,917
support order or within fifteen days after the default under the 9,919
support order, whichever is applicable, the court or the child 9,920
support enforcement agency, as determined by agreement of the 9,921
court and the agency, shall send a notice by regular mail to each 9,922
person required to comply with a withholding or deduction 9,923
requirement. The notice shall specify the withholding or 9,924
deduction requirement and shall contain all of the information 9,925
set forth in division (D)(1)(b), (2)(b), (3)(b), (4)(b), or 9,926
(5)(b) of this section that is applicable to the requirement. If 9,927
the appropriate requirement is an order of the type described in 9,928
division (D)(6), (D)(7), or (H) of this section, the court shall 9,929
issue and send a court order in accordance with that division. 9,930
The notices and court orders, and the notices provided by the 9,931
court or child support enforcement agency that require the 9,932
obligor to notify the agency of any change in the obligor's 9,933
employment status or of any other change in the status of the 9,934
obligor's assets, are final and are enforceable by the court. 9,935
When the court or agency issues a notice, it shall provide the 9,936
238
notice to the obligor in accordance with division (D)(1)(c), 9,937
(D)(2)(c), (D)(3)(c), (D)(4)(c), or (D)(5)(c) of this section, 9,938
whichever is applicable, and shall include with the notice the 9,939
additional notices described in the particular division that is 9,940
applicable.
(3)(a) If support is ordered or modified on or after 9,942
December 31, 1993, under Chapter 3115. or under section 2151.23, 9,943
2151.33, 2151.36, 2151.49, 3105.18, 3105.21, 3109.05, 3109.19, 9,945
3111.13, 3113.04, 3113.07, 3113.216, or 3113.31 of the Revised 9,946
Code, if the court has determined in accordance with division 9,947
(A)(2) of this section the types of withholding or deduction 9,948
requirements or other appropriate requirements that should be 9,949
imposed relative to the obligor under the support order to 9,950
collect the support due under the order, if the court or a child 9,951
support enforcement agency has mailed the appropriate notice to 9,952
the person required to comply with the withholding or deduction 9,953
requirements that the court has determined should be imposed or 9,954
the court has issued and sent a court order described in division 9,955
(D)(6), (D)(7), or (H) of this section containing the other 9,956
appropriate requirements that the court determined should be 9,957
imposed, and if the child support enforcement agency is notified 9,958
or otherwise determines that the employment status or other 9,959
circumstances of the obligor have changed and that it is more 9,960
appropriate to impose another type of or an additional 9,961
withholding or deduction requirement or another type of or 9,962
additional court order containing another appropriate
requirement, the agency immediately shall comply with section 9,963
3113.212 of the Revised Code. The notices and court orders 9,964
issued under this division and section 3113.212 of the Revised 9,965
Code, and the notices provided by the court or child support 9,966
enforcement agency that require the obligor to notify the agency 9,967
of any change in the obligor's employment status or of any other 9,968
change in the status of the obligor's assets, are final and are 9,970
enforceable by the court.
239
(b) If support has been ordered prior to December 31, 9,972
1993, under Chapter 3115. or under section 2151.23, 2151.33, 9,973
2151.36, 2151.49, 3105.18, 3105.21, 3109.05, 3109.19, 3111.13, 9,974
3113.04, 3113.07, 3113.216, or 3113.31 of the Revised Code, if 9,975
the support order has not been modified on or after December 31, 9,976
1993, if division (B) of this section has not been applied on or 9,977
after December 31, 1993, regarding a default under the order, if 9,978
the support order includes a provision that is substantively 9,979
comparable to the general provision described in division (A)(1) 9,980
of this section that must be included in all support orders 9,981
issued or modified on or after December 31, 1993, and if the 9,982
child support enforcement agency is notified or otherwise 9,983
determines that the employment status or other circumstances of 9,984
the obligor under the support order have changed so that it is 9,985
appropriate to impose a withholding or deduction requirement or 9,986
another type of or additional appropriate requirement as 9,987
described in division (D) of this section to collect the support 9,988
due under the order, the agency shall comply with section 9,989
3113.212 of the Revised Code as if the support order had been 9,990
issued or modified on or after December 31, 1993, and as if it 9,991
included the general provision described in division (A)(1) of 9,992
this section that must be included in all support orders issued 9,993
or modified on or after that date. The notices and court orders 9,994
issued under this provision and section 3113.212 of the Revised 9,995
Code, and the notices provided by the court or child support 9,996
enforcement agency that require the obligor to notify the agency 9,997
of any change in the obligor's employment status or of any other 9,998
change in the status of the obligor's assets, are final and are 9,999
enforceable by the court.
(c) If support has been ordered prior to December 31, 10,001
1993, under Chapter 3115. or under section 2151.23, 2151.33, 10,002
2151.36, 2151.49, 3105.18, 3105.21, 3109.05, 3109.19, 3111.13, 10,003
3113.04, 3113.07, 3113.216, or 3113.31 of the Revised Code, if 10,004
the support order has not been modified on or after December 31, 10,005
240
1993, if division (B) of this section has not been applied on or 10,006
after December 31, 1993, regarding a default under the order, if 10,007
the support order does not include a provision that is 10,008
substantively comparable to the general provision described in 10,009
division (A)(1) of this section that must be included in all 10,010
support orders issued or modified on or after December 31, 1993, 10,011
and if the child support enforcement agency is notified or 10,012
otherwise determines that the employment status or other 10,013
circumstances of the obligor under the support order have changed 10,014
so that it is appropriate to impose a withholding or deduction 10,015
requirement or another type of or additional appropriate 10,016
requirement as described in division (D) of this section to 10,017
collect the support due under the order, the agency may request 10,018
the court to reissue the support order in question to be 10,019
identical to the support order except for a general provision as 10,020
described in division (A) of this section requiring the 10,021
withholding or deduction of wages or assets of the obligor in 10,022
accordance with division (D) of this section or requiring the 10,023
issuance of a court order containing another type of appropriate 10,024
requirement in accordance with division (D)(6), (D)(7), or (H) of 10,025
this section to ensure that withholding or deduction from the 10,026
wages or assets of the obligor is available for the collection of 10,027
current support and any arrearages that occur. Upon the receipt 10,028
of a request from an agency, the court may reissue the order in 10,029
accordance with this division. If the court reissues the order, 10,030
the general provision for the withholding or deduction of wages 10,031
or assets to be included in the reissued support order 10,032
specifically shall include the statement prescribed in division 10,033
(B)(1) of this section. Except for the inclusion of the general 10,034
provision, the provisions of a reissued order under this division 10,035
shall be identical to the support order in question, and the 10,036
court or child support enforcement agency shall issue one or more 10,037
notices requiring withholding or deduction of wages or assets of 10,038
the obligor in accordance with divisions (A)(2) and (D) of this 10,039
241
section, or the court shall issue one or more court orders 10,040
imposing other appropriate requirements in accordance with 10,041
division (A)(2) and division (D)(6), (D)(7), or (H) of this 10,042
section. The notices shall be mailed within fifteen days after 10,043
the obligor under the support order is located or within fifteen 10,044
days after the default under the support order, whichever is 10,045
applicable. Thereafter, section 3113.212 of the Revised Code 10,046
applies to the issuance of notices and court orders under those 10,047
divisions with respect to that support order. The notices and 10,048
court orders issued under this division and section 3113.212 of 10,049
the Revised Code, and the notices provided by the court or child 10,050
support enforcement agency that require the obligor to notify the 10,051
agency of any change in the obligor's employment status or of any 10,052
other change in the status of the obligor's assets, are final and 10,053
are enforceable by the court.
(4) The department of human services shall adopt standard 10,055
forms for the support withholding and deduction notices that are 10,056
prescribed by divisions (A)(1) to (3) and (B) of this section. 10,057
All courts and child support enforcement agencies shall use the 10,058
forms in issuing withholding and deduction notices in compliance 10,059
with this section. 10,060
(B)(1)(a) In any action in which support is ordered under 10,062
Chapter 3115. or under section 2151.23, 2151.33, 2151.36, 10,063
2151.49, 3105.18, 3105.21, 3109.05, 3109.19, 3111.13, 3111.20, 10,064
3111.21, 3111.22, 3113.04, 3113.07, 3113.216, or 3113.31 of the 10,066
Revised Code and in which there has been a default under the 10,067
order, the court shall comply with divisions (B)(1) to (6) of 10,068
this section.
If the support was ordered prior to December 31, 1993, or 10,070
pursuant to section 3111.20, 3111.21, or 3111.22 of the Revised 10,071
Code, the court shall reissue the support order under which there 10,072
has been a default and shall include in the reissued order a 10,073
general provision as described in this division requiring the 10,074
withholding or deduction of wages or assets of the obligor in 10,075
242
accordance with division (D) of this section or requiring the 10,076
issuance of a court order containing another type of appropriate 10,077
requirement in accordance with division (D)(6), (D)(7), or (H) of 10,078
this section to ensure that withholding or deduction from the 10,079
wages or assets is available for the collection of current 10,080
support and any arrearages that occur. If the support was ordered 10,082
pursuant to section 3111.20, 3111.21, or 3111.22 of the Revised 10,084
Code and the support order includes a general provision similar
to the one described in this division, the court shall replace 10,086
the similar general provision with the general provision 10,087
described in this division. Except for the inclusion or
replacement of the general provision, the provisions of the 10,089
reissued order required under this division shall be identical to 10,090
those of the support order under which there has been a default. 10,091
Regardless of when the support was ordered, when support 10,093
has been ordered under any chapter or section described in this 10,094
division, the child support enforcement agency shall initiate 10,095
support withholding when the order is in default. Immediately 10,096
after the identification of a default under the support order, 10,098
the child support enforcement agency shall conduct the 10,099
investigation described in division (B)(1)(b) of this section. 10,100
Additionally, within fifteen calendar days after the 10,101
identification of a default under the support order, the child 10,102
support enforcement agency shall investigate the default and send 10,103
advance notice to the obligor. The advance notice shall include 10,104
a notice describing the actions that may be taken against the 10,105
obligor pursuant to sections 2301.373 and 2301.374 of the Revised 10,106
Code if the court or agency makes a final and enforceable 10,107
determination that the obligor is in default pursuant to this 10,108
division. If the location of the obligor is unknown at the time 10,110
of the identification of a default under the support order, the 10,111
agency shall send the advance notice to the obligor within
fifteen days after the agency locates the obligor. The general 10,112
provision for the withholding or deduction of wages or assets to 10,113
243
be included in the reissued support order specifically shall 10,114
include the following statement: 10,115
"All child support and spousal support under this order 10,118
shall be withheld or deducted from the wages or assets of the 10,119
obligor pursuant to a withholding or deduction notice or 10,120
appropriate court order issued in accordance with section 3113.21 10,121
of the Revised Code and shall be forwarded to the obligee in
accordance with sections 3113.21 to 3113.214 of the Revised 10,122
Code."
(b) After the identification of a default under a support 10,124
order as described in division (B)(1)(a) of this section, the 10,125
child support enforcement agency immediately shall conduct an 10,126
investigation to determine the employment status of the obligor, 10,127
the obligor's social security number, the name and business 10,128
address of the obligor's employer, whether the obligor is in 10,129
default under a support order, the amount of any arrearages, and 10,130
any other information necessary to enable the court or agency to 10,131
impose any withholding or deduction requirements and issue the 10,132
related notices described in division (D) of this section or to 10,133
issue any court orders described in division (D)(6) or (7) of 10,134
this section. The agency also shall conduct an investigation 10,135
under this division when required by division (C)(1)(a) or (b) of 10,136
this section, shall complete the investigation within twenty days 10,137
after the obligor or obligee files the motion with the court 10,138
under division (C)(1)(a) of this section or the court orders the 10,139
investigation under division (C)(1)(b) of this section, and shall 10,140
conduct an investigation under this division when required by 10,141
section 3113.214 of the Revised Code. 10,142
(2) An advance notice to an obligor required by division 10,144
(B)(1) of this section shall contain all of the following: 10,145
(a) A statement of the date on which the advance notice is 10,147
sent, the amount of arrearages owed by the obligor as determined 10,148
by the court or the child support enforcement agency, the types 10,149
of withholding or deduction requirements and related notices 10,150
244
described in division (D) of this section or the types of court 10,151
orders described in division (D)(6), (D)(7), or (H) of this 10,152
section that will be issued to pay support and any arrearages, 10,153
and the amount that will be withheld or deducted pursuant to 10,154
those requirements; 10,155
(b) A statement that any notice for the withholding or 10,157
deduction of an amount from personal earnings or other income or 10,158
assets apply to all subsequent employers of the obligor, 10,159
financial institutions in which the obligor has an account, and 10,160
other persons or entities who pay or distribute income to the 10,161
obligor and that any withholding or deduction requirement and 10,162
related notice described in division (D) of this section or any 10,163
court order described in division (D)(6), (D)(7), or (H) of this 10,164
section that is issued will not be discontinued solely because 10,165
the obligor pays any arrearages; 10,166
(c) An explanation of the administrative and court action 10,168
that will take place if the obligor contests the inclusion of any 10,169
of the provisions; 10,170
(d) A statement that the contents of the advance notice 10,172
are final and are enforceable by the court unless the obligor 10,173
files with the child support enforcement agency, within seven 10,174
days after the date on which the advance notice is sent, a 10,175
written request for an administrative hearing to determine if a 10,176
mistake of fact was made in the notice. 10,177
(3) If the obligor requests a hearing regarding the 10,179
advance notice in accordance with division (B)(2)(d) of this 10,180
section, the child support enforcement agency shall conduct an 10,181
administrative hearing no later than ten days after the date on 10,182
which the obligor files the request for the hearing. No later 10,183
than five days before the date on which the hearing is to be 10,184
conducted, the agency shall send the obligor and the obligee 10,185
written notice of the date, time, place, and purpose of the 10,186
hearing. The notice to the obligor and obligee also shall 10,187
indicate that the obligor may present testimony and evidence at 10,188
245
the hearing only in regard to the issue of whether a mistake of 10,189
fact was made in the advance notice. 10,190
At the hearing, the child support enforcement agency shall 10,192
determine whether a mistake of fact was made in the advance 10,193
notice. If it determines that a mistake of fact was made, the 10,194
agency shall determine the provisions that should be changed and 10,195
included in a corrected notice and shall correct the advance 10,196
notice accordingly. The agency shall send its determinations to 10,197
the obligor. The agency's determinations are final and are 10,198
enforceable by the court unless, within seven days after the 10,199
agency makes it ITS determinations, the obligor files a written 10,200
motion with the court for a court hearing to determine if a 10,201
mistake of fact still exists in the advance notice or corrected 10,202
advance notice. 10,203
(4) If, within seven days after the agency makes its 10,205
determinations under division (B)(3) of this section, the obligor 10,206
files a written motion for a court hearing to determine if a 10,207
mistake of fact still exists in the advance notice or the 10,208
corrected advance notice, the court shall hold a hearing on the 10,209
request as soon as possible, but no later than ten days, after 10,210
the request is filed. If the obligor requests a court hearing, 10,211
no later than five days before the date on which the court 10,212
hearing is to be held, the court shall send the obligor and the 10,213
obligee written notice by ordinary mail of the date, time, place, 10,214
and purpose of the court hearing. The hearing shall be limited 10,215
to a determination of whether there is a mistake of fact in the 10,216
advance notice or the corrected advance notice. 10,217
If, at a hearing conducted under this division, the court 10,219
detects a mistake of fact in the advance notice or the corrected 10,220
advance notice, it immediately shall correct the notice. 10,221
(5) Upon exhaustion of all rights of the obligor to 10,223
contest the withholding or deduction on the basis of a mistake of 10,224
fact and no later than the expiration of forty-five days after 10,225
the issuance of the advance notice under division (B)(1) of this 10,226
246
section, the court or child support enforcement agency shall 10,227
issue one or more notices requiring withholding or deduction of 10,228
wages or assets of the obligor in accordance with divisions 10,229
(A)(2) and (D) of this section, or the court shall issue one or 10,230
more court orders imposing other appropriate requirements in 10,231
accordance with division (A)(2) and division (D)(6), (D)(7), or 10,232
(H) of this section. Thereafter, section 3113.212 of the Revised 10,233
Code applies in relation to the issuance of the notices and court 10,234
orders. The notices and court orders issued under this division 10,235
or section 3113.212 of the Revised Code are final and are 10,236
enforceable by the court. The court or agency shall send to the 10,237
obligor by ordinary mail a copy of the withholding or deduction 10,238
notice, in accordance with division (D) of this section. The 10,239
failure of the court or agency to give the notice required by 10,240
this division does not affect the ability of any court to issue 10,241
any notice or order under this section or any other section of 10,242
the Revised Code for the payment of support, does not provide any 10,243
defense to any notice or order for the payment of support that is 10,244
issued under this section or any other section of the Revised 10,245
Code, and does not affect any obligation to pay support. 10,246
(6) The department of human services shall adopt standard 10,248
forms for the advance notice prescribed by divisions (B)(1) to 10,249
(5) of this section. All courts and child support enforcement 10,250
agencies shall use those forms, and the support withholding and 10,251
deduction notice forms adopted under division (A)(4) of this 10,252
section, in complying with this section. 10,253
(C)(1) In any action in which support is ordered under 10,255
Chapter 3115. or under section 2151.23, 2151.33, 2151.36, 10,256
2151.49, 3105.18, 3105.21, 3109.05, 3109.19, 3111.13, 3113.04, 10,257
3113.07, 3113.216, or 3113.31 of the Revised Code, all of the 10,259
following apply:
(a) The obligor or obligee under the order may file a 10,261
motion with the court that issued the order requesting the 10,262
issuance of one or more withholding or deduction notices as 10,263
247
described in division (D) of this section to pay the support due 10,264
under the order. The motion may be filed at any time after the 10,265
support order is issued. Upon the filing of a motion pursuant to 10,266
this division, the child support enforcement agency immediately 10,267
shall conduct, and shall complete within twenty days after the 10,268
motion is filed, an investigation in accordance with division 10,269
(B)(1)(b) of this section. Upon the completion of the 10,270
investigation and the filing of the agency's report under 10,271
division (B)(1)(b) of this section, the court shall issue one or 10,272
more appropriate orders described in division (D) of this 10,273
section. 10,274
(b) If any proceedings involving the support order that 10,276
was issued before, on, or after December 1, 1986, are commenced 10,277
in the court and if the court prior to the effective date of this 10,278
amendment has not issued any orders under division (D) of this 10,279
section with respect to the support order, if the court 10,280
determines that any orders issued prior to the effective date of 10,281
this amendment under division (D) of this section no longer are 10,282
appropriate, if the court on or after the effective date of this 10,283
amendment has not modified or reissued the support order under 10,284
division (A) or (B) of this section and issued any notices under 10,285
division (D) or court orders under division (D)(6) or (7) of this 10,286
section, or if the court on or after the effective date of this 10,287
amendment has modified or reissued the support order under 10,288
division (A) or (B) of this section and issued one or more 10,289
notices under division (D) or one or more court orders under 10,290
division (D)(6) or (7) of this section but determines that the 10,291
notices or court orders no longer are appropriate, the court, 10,292
prior to or during any hearings held with respect to the 10,293
proceedings and prior to the conclusion of the proceedings, shall 10,294
order the child support enforcement agency to conduct an 10,295
investigation pursuant to division (B)(1)(b) of this section. 10,296
Upon the filing of the findings of the agency following the 10,297
investigation, the court, as necessary, shall issue one or more 10,298
248
notices described in division (D) or one or more court orders 10,299
described in division (D)(6) or (7) of this section or modify any 10,300
notices previously issued under division (D) or any court orders 10,301
previously issued under division (D)(6) or (7) of this section. 10,302
(c)(i) If a child support enforcement agency, in 10,304
accordance with section 3113.216 of the Revised Code, requests 10,305
the court to issue a revised child support order in accordance 10,306
with a revised amount of child support calculated by the agency, 10,307
the court shall proceed as described in this division. If 10,308
neither the obligor nor the obligee requests a court hearing on 10,309
the revised amount of child support, the court shall issue a 10,310
revised child support order requiring the obligor to pay the 10,311
revised amount of child support calculated by the agency. 10,312
However, if the obligor or the obligee requests a court hearing 10,313
on the revised amount of child support calculated by the agency, 10,314
the court, in accordance with division (C)(1)(c)(ii) of this 10,315
section, shall schedule and conduct a hearing to determine if the 10,316
revised amount of child support is the appropriate amount and if 10,317
the amount of child support being paid under the child support 10,318
order otherwise should be revised. 10,319
(ii) If the court is required to schedule and conduct a 10,321
hearing pursuant to division (C)(1)(c)(i) of this section, the 10,322
court shall give the obligor, obligee, and agency at least thirty 10,323
days' notice of the date, time, and location of the hearing; 10,324
order the obligor to provide the court with a copy of the 10,325
obligor's federal income tax return from the previous year, a 10,326
copy of all pay stubs obtained by the obligor within the 10,327
preceding six months, and a copy of all other records evidencing 10,328
the receipt of any other salary, wages, or compensation by the 10,329
obligor within the preceding six months, if the obligor failed to 10,330
provide any of those documents to the agency, and order the 10,331
obligee to provide the court with a copy of the obligee's federal 10,332
income tax return from the previous year, a copy of all pay stubs 10,333
obtained by the obligee within the preceding six months, and a 10,334
249
copy of all other records evidencing the receipt of any other 10,335
salary, wages, or compensation by the obligee within the 10,336
preceding six months, if the obligee failed to provide any of 10,337
those documents to the agency; give the obligor and the obligee 10,338
notice that any willful failure to comply with that court order 10,339
is contempt of court and, upon a finding by the court that the 10,340
party is in contempt of court, the court and the agency will take 10,341
any action necessary to obtain the information or make any 10,342
reasonable assumptions necessary with respect to the income of 10,343
the person in contempt of court to ensure a fair and equitable 10,344
review of the child support order; issue a revised child support 10,345
order requiring the obligor to pay the revised amount of child 10,346
support calculated by the agency, if the court determines at the 10,347
hearing that the revised amount of child support calculated by 10,348
the agency is the appropriate amount; and determine the 10,349
appropriate amount of child support and, if necessary, issue a 10,350
revised child support order requiring the obligor to pay the 10,351
amount of child support determined by the court, if the court 10,352
determines that the revised amount of child support calculated by 10,353
the agency is not the appropriate amount. 10,354
(iii) In determining, at a hearing conducted under 10,356
divisions (C)(1)(c)(i) and (ii) of this section, the appropriate 10,357
amount of child support to be paid by the obligor, the court 10,358
shall consider, in addition to all other factors required by law 10,359
to be considered, the cost of health insurance which the obligor, 10,360
the obligee, or both the obligor and the obligee have been 10,361
ordered to obtain for the children specified in the order. 10,362
(d) On or after July 1, 1990, the court shall issue any 10,364
order required by section 3113.217 of the Revised Code. 10,365
(e)(i) On or after July 1, 1990, an obligee under a child 10,367
support order may file a motion with the court that issued the 10,368
order requesting the court to modify the order to require the 10,369
obligor to obtain health insurance coverage for the children who 10,370
are the subject of the order, and on or after July 1, 1990, an 10,371
250
obligor under a child support order may file a motion with the 10,372
court that issued the order requesting the court to modify the 10,373
order to require the obligee to obtain health insurance coverage 10,374
for those children. Upon the filing of such a motion, the court 10,375
shall order the child support enforcement agency to conduct an 10,376
investigation to determine whether the obligor or obligee has 10,377
satisfactory health insurance coverage for the children. Upon 10,378
completion of its investigation, the agency shall inform the 10,379
court, in writing, of its determination. If the court determines 10,380
that neither the obligor nor the obligee has satisfactory health 10,381
insurance coverage for the children, it shall issue an order in 10,382
accordance with section 3113.217 of the Revised Code. 10,383
(ii) On or after July 1, 1990, an obligor or obligee under 10,385
a child support order may file a motion with the court that 10,386
issued the order requesting the court to modify the amount of 10,387
child support required to be paid under the order because that 10,388
amount does not adequately cover the medical needs of the child. 10,389
Upon the filing of such a motion, the court shall determine 10,390
whether the amount of child support required to be paid under the 10,391
order adequately covers the medical needs of the child and 10,392
whether to modify the order, in accordance with division (B)(4) 10,393
of section 3113.215 of the Revised Code. 10,394
(f) Whenever a court modifies, reviews, or otherwise 10,396
reconsiders a child support order, it may reconsider which parent 10,397
may claim the children who are the subject of the child support 10,398
order as dependents for federal income tax purposes as set forth 10,399
in section 151 of the "Internal Revenue Code of 1986," 100 Stat. 10,400
2085, 26 U.S.C. 1, as amended, and shall issue its determination 10,401
on this issue as part of the child support order. The court in 10,402
its order may permit the parent who is not the residential parent 10,403
and legal custodian to claim the children as dependents for 10,404
federal income tax purposes only if the payments for child 10,405
support are current in full as ordered by the court for the year 10,406
in which the children will be claimed as dependents. If the 10,407
251
court determines that the parent who is not the residential 10,408
parent and legal custodian may claim the children as dependents 10,409
for federal income tax purposes, it shall order the residential 10,410
parent to take whatever action is necessary pursuant to section 10,411
152 of the "Internal Revenue Code of 1986," 100 Stat. 2085, 26 10,412
U.S.C. 1, as amended, to enable the parent who is not the 10,413
residential parent and legal custodian to claim the children as 10,414
dependents for federal income tax purposes in accordance with the 10,415
order of the court. Any willful failure of the residential 10,416
parent to comply with the order of the court is contempt of 10,417
court. 10,418
(g) If the order is a child support order issued on or 10,420
after July 1, 1990, or if the order modifies, on or after July 1, 10,421
1990, a prior child support order, the court shall include in the 10,422
order all of the requirements, specifications, and statements 10,423
described in division (B) of section 3113.218 of the Revised 10,424
Code. 10,425
(2) In any action in which a support order is issued, on 10,427
or after December 1, 1986, under Chapter 3115. or under section 10,428
2151.23, 2151.33, 2151.36, 2151.49, 3105.18, 3105.21, 3109.05, 10,429
3109.19, 3111.13, 3113.04, 3113.07, 3113.216, or 3113.31 of the 10,432
Revised Code, the court issuing the order also shall conduct a 10,433
hearing, prior to or at the time of the issuance of the support 10,434
order, to determine the employment status of the obligor, the 10,435
obligor's social security number, the name and business address 10,436
of the obligor's employer, and any other information necessary to 10,437
enable the court or a child support enforcement agency to issue 10,438
any withholding or deduction notice described in division (D) of 10,439
this section or for the court to issue a court order described in 10,440
division (D)(6) or (7) of this section. The court, prior to the 10,441
hearing, shall give the obligor notice of the hearing that shall 10,442
include the date on which the notice is given and notice that the 10,443
obligor is subject to a requirement for the withholding of a 10,444
specified amount from personal earnings if employed and to one or 10,445
252
more other types of withholding or deduction requirements 10,446
described in division (D) or one or more types of court orders 10,447
described in division (D)(6) or (7) of this section and that the 10,448
obligor may present evidence and testimony at the hearing to 10,449
prove that any of the requirements would not be proper because of 10,450
a mistake of fact. 10,451
The court or child support enforcement agency, immediately 10,453
upon the court's completion of the hearing, shall issue one or 10,454
more of the types of notices described in division (D) of this 10,455
section imposing a withholding or deduction requirement, or the 10,456
court shall issue one or more types of court orders described in 10,457
division (D)(6) or (7) of this section. 10,458
(D) If a court or child support enforcement agency is 10,460
required under division (A), (B), or (C) of this section or any 10,461
other section of the Revised Code to issue one or more 10,462
withholding or deduction notices described in this division or 10,463
court orders described in division (D)(6) or (7) of this section, 10,464
the court shall issue one or more of the following types of 10,465
notices or court orders, or the agency shall issue one or more of 10,466
the following types of notices to pay the support required under 10,467
the support order in question and also, if required by any of 10,468
those divisions, any other section of the Revised Code, or the 10,469
court, to pay any arrearages: 10,470
(1)(a) If the court or the child support enforcement 10,472
agency determines that the obligor is employed, the court or 10,473
agency shall require the obligor's employer to withhold from the 10,474
obligor's personal earnings a specified amount for support in 10,475
satisfaction of the support order, to begin the withholding no 10,476
later than the first pay period that occurs after fourteen 10,477
working days following the date the notice was mailed to the 10,478
employer under divisions (A)(2) or (B) and (D)(1)(b) of this 10,479
section, to send the amount withheld to the child support 10,480
enforcement agency designated for that county pursuant to section 10,481
2301.35 of the Revised Code, to send that amount to the agency 10,482
253
immediately but not later than ten days after the date the 10,483
obligor is paid, and to continue the withholding at intervals 10,484
specified in the notice until further notice from the court or 10,485
agency. To the extent possible, the amount specified in the 10,486
notice to be withheld shall satisfy the amount ordered for 10,487
support in the support order plus any arrearages that may be owed 10,488
by the obligor under any prior support order that pertained to 10,489
the same child or spouse, notwithstanding the limitations of 10,490
sections 2329.66, 2329.70, 2716.02, and 2716.05 of the Revised 10,491
Code. However, in no case shall the sum of the amount specified 10,492
in the notice to be withheld and any fee withheld by the employer 10,493
as a charge for its services exceed the maximum amount permitted 10,494
under section 303(b) of the "Consumer Credit Protection Act," 15 10,495
U.S.C. 1673(b). 10,496
(b) If the court or agency imposes a withholding 10,498
requirement under division (D)(1)(a) of this section, it, within 10,499
the applicable period of time specified in division (A), (B), or 10,500
(C) of this section, shall send to the obligor's employer by 10,501
regular mail a notice that contains all of the information set 10,502
forth in divisions (D)(1)(b)(i) to (xi) of this section. The 10,503
notice is final and is enforceable by the court. The notice 10,504
shall contain all of the following: 10,505
(i) The amount to be withheld from the obligor's wages and 10,507
a statement that the amount actually withheld for support and 10,508
other purposes, including the fee described in division 10,509
(D)(1)(b)(xi) of this section, shall not be in excess of the 10,510
maximum amounts permitted under section 303(b) of the "Consumer 10,511
Credit Protection Act," 15 U.S.C. 1673(b); 10,512
(ii) A statement that the employer is required to send the 10,514
amount withheld to the child support enforcement agency 10,515
immediately, but not later than ten working days, after the 10,516
obligor is paid by the employer and is required to report to the 10,517
agency the date on which the amount was withheld from the 10,518
obligor's wages; 10,519
254
(iii) A statement that the withholding is binding upon the 10,521
employer until further notice from the agency; 10,522
(iv) A statement that the employer is subject to a fine to 10,524
be determined under the law of this state for discharging the 10,525
obligor from employment, refusing to employ the obligor, or 10,526
taking any disciplinary action against the obligor because of the 10,527
withholding requirement; 10,528
(v) A statement that, if the employer fails to withhold 10,530
wages in accordance with the provisions of the notice, the 10,531
employer is liable for the accumulated amount the employer should 10,532
have withheld from the obligor's wages; 10,533
(vi) A statement that the withholding in accordance with 10,535
the notice and under the provisions of this section has priority 10,536
over any other legal process under the law of this state against 10,537
the same wages; 10,538
(vii) The date on which the notice was mailed and a 10,540
statement that the employer is required to implement the 10,541
withholding no later than the first pay period that occurs after 10,542
fourteen working days following the date the notice was mailed 10,543
and is required to continue the withholding at the intervals 10,544
specified in the notice; 10,545
(viii) A requirement that the employer promptly notify the 10,547
child support enforcement agency, in writing, within ten working 10,548
days after the date of any termination of the obligor's 10,549
employment, any layoff of the obligor, any leave of absence of 10,550
the obligor without pay, or any other situation in which the 10,551
employer ceases to pay personal earnings in an amount sufficient 10,552
to comply with the order to the obligor, provide the agency with 10,553
the obligor's last known address, notify the agency of the 10,554
obligor's new employer, if known, and provide the agency with the 10,555
new employer's name, address, and telephone number, if known; 10,556
(ix) A requirement that the employer identify in the 10,558
notification given under division (D)(1)(b)(viii) of this section 10,559
any types of benefits other than personal earnings that the 10,560
255
obligor is receiving or is eligible to receive as a benefit of 10,561
employment or as a result of the obligor's termination of 10,562
employment, including, but not limited to, unemployment 10,563
compensation, workers' compensation benefits, severance pay, sick 10,564
leave, lump-sum payments of retirement benefits or contributions, 10,565
and bonuses or profit-sharing payments or distributions, and the 10,566
amount of such benefits, and include in the notification the 10,567
obligor's last known address and telephone number, date of birth, 10,568
social security number, and court case number and, if known, the 10,569
name and business address of any new employer of the obligor; 10,570
(x) A requirement that, no later than the earlier of 10,572
forty-five days before the lump-sum payment is to be made or, if 10,573
the obligor's right to the lump-sum payment is determined less 10,574
than forty-five days before it is to be made, the date on which 10,575
that determination is made, the employer notify the child support 10,576
enforcement agency of any lump-sum payments of any kind of five 10,577
hundred dollars or more that are to be paid to the obligor, hold 10,578
the lump-sum payments of five hundred dollars or more for thirty 10,579
days after the date on which the lump-sum payments otherwise 10,580
would have been paid to the obligor, if the lump-sum payments are 10,581
workers' compensation benefits, severance pay, sick leave, 10,582
lump-sum payments of retirement benefits or contributions, annual 10,583
bonuses, or profit-sharing payments or distributions, and, upon 10,584
order of the court, pay any specified amount of the lump-sum 10,585
payment to the child support enforcement agency.; 10,586
(xi) A statement that, in addition to the amount withheld 10,588
for support, the employer may withhold a fee from the obligor's 10,589
earnings as a charge for its services in complying with the 10,590
notice and a specification of the amount that may be withheld. 10,591
(c) The court or agency shall send the notice described in 10,593
division (D)(1)(b) of this section to the obligor and shall 10,594
attach to the notice an additional notice requiring the obligor 10,595
immediately to notify the child support enforcement agency, in 10,596
writing, of any change in employment, including self-employment, 10,598
256
and of the availability of any other sources of income that can 10,599
be the subject of any withholding or deduction requirement 10,600
described in division (D) of this section. The court or agency 10,601
shall serve the notices upon the obligor at the same time as 10,602
service of the support order or, if the support order previously 10,603
has been issued, shall send the notices to the obligor by regular 10,604
mail at the last known address at the same time that it sends the 10,605
notice described in division (D)(1)(b) of this section to the 10,606
employer. The notification required of the obligor shall include 10,607
a description of the nature of any new employment, the name and 10,608
business address of any new employer, and any other information 10,609
reasonably required by the court. No obligor shall fail to give 10,610
the notification required by division (D)(1)(c) of this section. 10,611
(2)(a) If the court or the child support enforcement 10,613
agency determines that the obligor is receiving workers' 10,614
compensation payments, the court or agency may require the bureau 10,615
of workers' compensation or the employer that has been granted 10,616
the privilege of paying compensation directly and that is paying 10,617
workers' compensation benefits to the obligor to withhold from 10,618
the obligor's workers' compensation payments a specified amount 10,619
for support in satisfaction of the support order, to begin the 10,620
withholding no later than the date of the first payment that 10,621
occurs after fourteen working days following the date the notice 10,622
was mailed to the bureau or employer under divisions (A)(2) or 10,623
(B) and (D)(2)(b) of this section, to send the amount withheld to 10,624
the child support enforcement agency designated for that county 10,625
pursuant to section 2301.35 of the Revised Code, to send that 10,626
amount to the agency immediately but not later than ten days 10,627
after the date the payment is made to the obligor, to provide the 10,628
date on which the amount was withheld, and to continue the 10,629
withholding at intervals specified in the notice until further 10,630
notice from the court or agency. To the extent possible, the 10,631
amount specified in the notice to be withheld shall satisfy the 10,632
amount ordered for support in the support order plus any 10,633
257
arrearages that may be owed by the obligor under any prior 10,634
support order that pertained to the same child or spouse, 10,635
notwithstanding the limitations of section 4123.67 of the Revised 10,636
Code. However, in no case shall the sum of the amount specified 10,637
in the notice to be withheld and any fee withheld by an employer 10,638
as a charge for its services exceed the maximum amount permitted 10,639
under section 303(b) of the "Consumer Credit Protection Act," 15 10,640
U.S.C. 1673(b). 10,641
(b) If the court or agency imposes a withholding 10,643
requirement under division (D)(2)(a) of this section, it, within 10,644
the applicable period of time specified in division (A), (B), or 10,645
(C) of this section, shall send to the bureau of workers' 10,646
compensation or the employer that is paying the obligor's 10,647
workers' compensation benefits by regular mail a notice that 10,648
contains all of the information set forth in divisions 10,649
(D)(2)(b)(i) to (x) of this section. The notice is final and is 10,650
enforceable by the court. The notice shall contain all of the 10,651
following: 10,652
(i) The amount to be withheld from the obligor's worker's 10,654
compensation payments and a statement that the amount actually 10,655
withheld for support and other purposes, including the fee 10,656
described in division (D)(2)(b)(x) of this section, if 10,657
applicable, shall not be in excess of the maximum amounts 10,658
permitted under section 303(b) of the "Consumer Credit Protection 10,659
Act," 15 U.S.C. 1673(b); 10,660
(ii) A statement that the bureau or employer is required 10,662
to send the amount withheld to the child support enforcement 10,663
agency immediately, but not later than ten working days, after 10,664
the payment is made to the obligor and is required to report to 10,665
the agency the date on which the amount was withheld from the 10,666
obligor's payments; 10,667
(iii) A statement that the withholding is binding upon the 10,669
bureau or employer until further notice from the court or agency; 10,670
(iv) If the notice is sent to an employer who is paying 10,672
258
the obligor's worker's compensation benefits, a statement that, 10,673
if the employer fails to withhold from the obligor's worker's 10,674
compensation payments in accordance with the provisions of the 10,675
notice, the employer is liable for the accumulated amount the 10,676
employer should have withheld from the obligor's payments; 10,677
(v) A statement that the withholding in accordance with 10,679
the notice and under the provisions of this section has priority 10,680
over any other legal process under the law of this state against 10,681
the same payment of benefits; 10,682
(vi) The date on which the notice was mailed and a 10,684
statement that the bureau or employer is required to implement 10,685
the withholding no later than the date of the first payment that 10,686
occurs after fourteen working days following the date the notice 10,687
was mailed and is required to continue the withholding at the 10,688
intervals specified in the notice; 10,689
(vii) A requirement that the bureau or employer promptly 10,691
notify the child support enforcement agency, in writing, within 10,692
ten working days after the date of any termination of the 10,693
obligor's workers' compensation benefits; 10,694
(viii) A requirement that the bureau or employer include 10,696
in all notices the obligor's last known mailing address, last 10,697
known residence address, and social security number; 10,698
(ix) A requirement that, no later than the earlier of 10,700
forty-five days before the lump-sum payment is to be made or, if 10,701
the obligor's right to the lump-sum payment is determined less 10,702
than forty-five days before it is to be made, the date on which 10,703
that determination is made, the bureau or employer notify the 10,704
child support enforcement agency of any lump-sum payment of any 10,705
kind of five hundred dollars or more that is to be paid to the 10,706
obligor, hold the lump-sum payment for thirty days after the date 10,707
on which the lump-sum payment otherwise would be paid to the 10,708
obligor, and, upon order of the court, pay any specified amount 10,709
of the lump-sum payment to the agency.; 10,710
(x) If the notice is sent to an employer who is paying the 10,712
259
obligor's workers' compensation benefits, a statement that, in 10,713
addition to the amount withheld for support, the employer may 10,714
withhold a fee from the obligor's benefits as a charge for its 10,715
services in complying with the notice and a specification of the 10,716
amount that may be withheld. 10,717
(c) The court or agency shall send the notice described in 10,719
division (D)(2)(b) of this section to the obligor and shall 10,720
attach to the notice an additional notice requiring the obligor 10,721
to immediately notify the child support enforcement agency, in 10,722
writing, of any change in the obligor's workers' compensation 10,723
payments, of the obligor's commencement of employment, including 10,724
self-employment, and of the availability of any other sources of 10,725
income that can be the subject of any withholding or deduction 10,726
requirement described in division (D) of this section. The court 10,727
or agency shall serve the notices upon the obligor at the same 10,728
time as service of the support order or, if the support order 10,729
previously has been issued, shall send the notices to the obligor 10,730
by regular mail at the obligor's last known address at the same 10,731
time that it sends the notice described in division (D)(2)(b) of 10,732
this section to the bureau or employer. The additional notice 10,733
also shall notify the obligor that upon commencement of 10,734
employment the obligor may request the court or the child support 10,735
enforcement agency to cancel its workers' compensation payment 10,736
withholding notice and instead issue a notice requiring the 10,737
withholding of an amount from the obligor's personal earnings for 10,738
support in accordance with division (D)(1) of this section and 10,740
that upon commencement of employment the court may cancel its 10,741
workers' compensation payment withholding notice and instead will 10,742
issue a notice requiring the withholding of an amount from the 10,743
obligor's personal earnings for support in accordance with 10,744
division (D)(1) of this section. The notification required of
the obligor shall include a description of the nature of any new 10,745
employment, the name and business address of any new employer, 10,746
and any other information reasonably required by the court. 10,747
260
(3)(a) If the court or child support enforcement agency 10,749
determines that the obligor is receiving any pension, annuity, 10,750
allowance, or other benefit or is to receive or has received a 10,751
warrant refunding the individual account from the public 10,752
employees retirement system, a municipal retirement system 10,753
established subject to sections 145.01 to 145.58 of the Revised 10,754
Code, the police and firemen's disability and pension fund, the 10,755
state teachers retirement system, the school employees retirement 10,756
system, or the state highway patrol retirement system, the court 10,757
or agency may require the public employees retirement board, the 10,758
board, board of trustees, or other governing entity of any 10,759
municipal retirement system, the board of trustees of the police 10,760
and firemen's disability and pension fund, the state teachers 10,761
retirement board, the school employees retirement board, or the 10,762
state highway patrol retirement board to withhold from the 10,763
obligor's pension, annuity, allowance, other benefit, or warrant 10,764
a specified amount for support in satisfaction of the support 10,765
order, to begin the withholding no later than the date of the 10,766
first payment that occurs after fourteen working days following 10,767
the date the notice was mailed to the board, board of trustees, 10,768
or other entity under divisions (A)(2) or (B) and (D)(3)(b) of 10,769
this section, to send the amount withheld to the child support 10,770
enforcement agency designated for that county pursuant to section 10,771
2301.35 of the Revised Code, to send that amount to the agency 10,772
immediately but not later than ten days after the date the 10,773
payment is made to the obligor, to provide the date on which the 10,774
amount was withheld, and to continue the withholding at intervals 10,775
specified in the notice until further notice from the court or 10,776
agency. To the extent possible, the amount specified in the 10,777
notice to be withheld shall satisfy the amount ordered for 10,778
support in the support order plus any arrearages that may be owed 10,779
by the obligor under any prior support order that pertained to 10,780
the same child or spouse, notwithstanding the limitations of 10,781
sections 2329.66, 2329.70, and 2716.13 of the Revised Code. 10,782
261
However, in no case shall the sum of the amount specified in the 10,783
notice to be withheld and any fee withheld by the board, board of 10,784
trustees, or other entity as a charge for its services exceed the 10,785
maximum amount permitted under section 303(b) of the "Consumer 10,786
Credit Protection Act," 15 U.S.C. 1673(b). 10,787
(b) If the court or agency imposes a withholding 10,789
requirement under division (D)(3)(a) of this section, it, within 10,790
the applicable period of time specified in division (A), (B), or 10,791
(C) of this section, shall send to the board, board of trustees, 10,792
or other entity by regular mail a notice that contains all of the 10,793
information set forth in divisions (D)(3)(b)(i) to (ix) of this 10,794
section. The notice is final and is enforceable by the court. 10,795
The notice shall contain all of the following: 10,796
(i) The amount to be withheld from the obligor's pension, 10,798
annuity, allowance, other benefit, or warrant and a statement 10,799
that the amount actually withheld for support and other purposes, 10,800
including the fee described in division (D)(3)(b)(ix) of this 10,801
section, shall not be in excess of the maximum amounts permitted 10,802
under section 303(b) of the "Consumer Credit Protection Act," 15 10,803
U.S.C. 1673(b); 10,804
(ii) A statement that the board, board of trustees, or 10,806
other entity is required to send the amount withheld to the child 10,807
support enforcement agency immediately, but not later than ten 10,808
working days, after the payment is made to the obligor and is 10,809
required to report to the agency the date on which the amount was 10,810
withheld from the obligor's payments; 10,811
(iii) A statement that the withholding is binding upon the 10,813
board, board of trustees, or other entity until further notice 10,814
from the court or agency; 10,815
(iv) A statement that the withholding in accordance with 10,817
the notice and under the provisions of this section has priority 10,818
over any other legal process under the law of this state against 10,819
the same payment of the pension, annuity, allowance, other 10,820
benefit, or warrant; 10,821
262
(v) The date on which the notice was mailed and a 10,823
statement that the board, board of trustees, or other entity is 10,824
required to implement the withholding no later than the date of 10,825
the first payment that occurs after fourteen working days 10,826
following the date the notice was mailed and is required to 10,827
continue the withholding at the intervals specified in the 10,828
notice; 10,829
(vi) A requirement that the board, board of trustees, or 10,831
other entity promptly notify the child support enforcement 10,832
agency, in writing, within ten working days after the date of any 10,833
termination of the obligor's pension, annuity, allowance, or 10,834
other benefit; 10,835
(vii) A requirement that the board, board of trustees, or 10,837
other entity include in all notices the obligor's last known 10,838
mailing address, last known residence address, and social 10,839
security number; 10,840
(viii) A requirement that, no later than the earlier of 10,842
forty-five days before the lump-sum payment is to be made or, if 10,843
the obligor's right to the lump-sum payment is determined less 10,844
than forty-five days before it is to be made, the date on which 10,845
that determination is made, the board, board of trustees, or 10,846
other entity notify the child support enforcement agency of any 10,847
lump-sum payment of any kind of five hundred dollars or more that 10,848
is to be paid to the obligor, hold the lump-sum payment for 10,849
thirty days after the date on which the lump-sum payment would 10,850
otherwise be paid to the obligor, if the lump-sum payments are 10,851
lump-sum payments of retirement benefits or contributions, and, 10,852
upon order of the court, pay any specified amount of the lump-sum 10,853
payment to the agency.; 10,854
(ix) A statement that, in addition to the amount withheld 10,856
for support, the board, board of trustees, or other entity may 10,857
withhold a fee from the obligor's pension, annuity, allowance, 10,858
other benefit, or warrant as a charge for its services in 10,859
complying with the notice and a specification of the amount that 10,860
263
may be withheld. 10,861
(c) The court or agency shall send the notice described in 10,863
division (D)(3)(b) of this section to the obligor and shall 10,864
attach to the notice an additional notice requiring the obligor 10,865
immediately to notify the child support enforcement agency, in 10,866
writing, of any change in pension, annuity, allowance, or other 10,868
benefit, of the commencement of employment, including
self-employment, and of the availability of any other sources of 10,869
income that can be the subject of any withholding or deduction 10,870
requirement described in division (D) of this section. The court 10,871
or agency shall serve the notices upon the obligor at the same 10,872
time as service of the support order or, if the support order 10,873
previously has been issued, shall send the notices to the obligor 10,874
by regular mail at the last known address at the same time that 10,875
it sends the notice described in division (D)(3)(b) of this 10,876
section to the board, board of trustees, or other entity. The 10,877
additional notice also shall specify that upon commencement of 10,879
employment the obligor may request the court or the child support 10,880
enforcement agency to issue a notice requiring the withholding of 10,881
an amount from personal earnings for support in accordance with 10,882
division (D)(1) of this section and that upon commencement of 10,883
employment the court may cancel its withholding notice under 10,884
division (D)(3)(b) of this section and instead will issue a 10,885
notice requiring the withholding of an amount from personal 10,886
earnings for support in accordance with division (D)(1) of this 10,887
section. The notification required of the obligor shall include 10,888
a description of the nature of any new employment, the name and 10,889
business address of any new employer, and any other information 10,890
reasonably required by the court.
(4)(a) If the court or child support enforcement agency 10,892
determines that the obligor is receiving any form of income, 10,893
including, but not limited to, disability or sick pay, insurance 10,894
proceeds, lottery prize awards, federal, state, or local 10,895
government benefits to the extent that the benefits can be 10,896
264
withheld or deducted under any law governing the benefits, any 10,897
form of trust fund or endowment fund, vacation pay, commissions 10,898
and draws against commissions that are paid on a regular basis, 10,899
bonuses or profit-sharing payments or distributions, or any 10,900
lump-sum payments, the court or agency may require the person who 10,901
pays or otherwise distributes the income to the obligor to 10,902
withhold from the obligor's income a specified amount for support 10,903
in satisfaction of the support order, to begin the withholding no 10,904
later than the date of the first payment that occurs after 10,905
fourteen working days following the date the notice was mailed to 10,906
the person paying or otherwise distributing the obligor's income 10,907
under divisions (A)(2) or (B) and (D)(4)(b) of this section, to 10,908
send the amount withheld to the child support enforcement agency 10,909
designated for that county pursuant to section 2301.35 of the 10,910
Revised Code, to send that amount to the agency immediately but 10,911
not later than ten days after the date the payment is made to the 10,912
obligor, to provide the date on which the amount was withheld, 10,913
and to continue the withholding at intervals specified in the 10,914
notice until further notice from the court or agency. To the 10,915
extent possible, the amount specified in the notice to be 10,916
withheld shall satisfy the amount ordered for support in the 10,917
support order plus any arrearages that may be owed by the obligor 10,918
under any prior support order that pertained to the same child or 10,919
spouse, notwithstanding the limitations of sections 2329.66, 10,920
2329.70, and 2716.13 of the Revised Code. However, in no case 10,921
shall the sum of the amount specified in the notice to be 10,922
withheld and any fee withheld by the person paying or otherwise 10,923
distributing the obligor's income as a charge for its services 10,924
exceed the maximum amount permitted under section 303(b) of the 10,925
"Consumer Credit Protection Act," 15 U.S.C. 1673(b). 10,926
(b) If the court or agency imposes a withholding 10,928
requirement under division (D)(4)(a) of this section, it, within 10,929
the applicable period of time specified in division (A), (B), or 10,930
(C) of this section, shall send to the person paying or otherwise 10,931
265
distributing the obligor's income by regular mail a notice that 10,932
contains all of the information set forth in divisions 10,933
(D)(4)(b)(i) to (ix) of this section. The notice is final and is 10,934
enforceable by the court. The notice shall contain all of the 10,935
following: 10,936
(i) The amount to be withheld from the obligor's income 10,938
and a statement that the amount actually withheld for support and 10,939
other purposes, including the fee described in division 10,940
(D)(4)(b)(ix) of this section, shall not be in excess of the 10,941
maximum amounts permitted under section 303(b) of the "Consumer 10,942
Credit Protection Act," 15 U.S.C. 1673(b); 10,943
(ii) A statement that the person paying or otherwise 10,945
distributing the obligor's income is required to send the amount 10,946
withheld to the child support enforcement agency immediately, but 10,947
not later than ten working days, after the payment is made to the 10,948
obligor and is required to report to the agency the date on which 10,949
the amount was withheld from the obligor's payments; 10,950
(iii) A statement that the withholding is binding upon the 10,952
person paying or otherwise distributing the obligor's income 10,953
until further notice from the court or agency; 10,954
(iv) A statement that the withholding in accordance with 10,956
the notice and under the provisions of this section has priority 10,957
over any other legal process under the law of this state against 10,958
the same payment of the income; 10,959
(v) A statement that the person paying or otherwise 10,961
distributing the obligor's income is required to implement the 10,962
withholding no later than the date of the first payment that 10,963
occurs after fourteen working days following the date the notice 10,964
was mailed and is required to continue the withholding at the 10,965
intervals specified in the notice; 10,966
(vi) A requirement that the person paying or otherwise 10,968
distributing the obligor's income promptly notify the child 10,969
support enforcement agency, in writing, within ten days after the 10,970
date of any termination of the obligor's income; 10,971
266
(vii) A requirement that the person paying or otherwise 10,973
distributing the obligor's income include in all notices the 10,974
obligor's last known mailing address, last known residence 10,975
address, and social security number; 10,976
(viii) A requirement that, no later than the earlier of 10,978
forty-five days before the lump-sum payment is to be made or, if 10,979
the obligor's right to the lump-sum payment is determined less 10,980
than forty-five days before it is to be made, the date on which 10,981
that determination is made, the person paying or otherwise 10,982
distributing the obligor's income notify the child support 10,983
enforcement agency of any lump-sum payment of any kind of five 10,984
hundred dollars or more that is to be paid to the obligor, hold 10,985
the lump-sum payment for thirty days after the date on which the 10,986
lump-sum payment would otherwise be paid to the obligor, if the 10,987
lump-sum payment is sick pay, lump-sum payment of retirement 10,988
benefits or contributions, or profit-sharing payments or 10,989
distributions, and, upon order of the court, pay any specified 10,990
amount of the lump-sum payment to the child support enforcement 10,991
agency.; 10,992
(ix) A statement that, in addition to the amount withheld 10,994
for support, the person paying or otherwise distributing the 10,995
obligor's income may withhold a fee from the obligor's income as 10,996
a charge for its services in complying with the order and a 10,997
specification of the amount that may be withheld. 10,998
(c) The court or agency shall send the notice described in 11,000
division (D)(4)(b) of this section to the obligor and shall 11,001
attach to the notice an additional notice requiring the obligor 11,002
immediately to notify the child support enforcement agency, in 11,003
writing, of any change in income to which the withholding notice 11,005
applies, of the commencement of employment, including
self-employment, and of the availability of any other sources of 11,006
income that can be the subject of any withholding or deduction 11,007
requirement described in division (D) of this section. The court 11,008
or agency shall serve the notices upon the obligor at the same 11,009
267
time as service of the support order or, if the support order 11,010
previously has been issued, shall send the notices to the obligor 11,011
by regular mail at the last known address at the same time that 11,012
it sends the notice described in division (D)(4)(b) of this 11,013
section to the person paying or otherwise distributing the 11,014
obligor's income. The additional notice also shall specify that 11,015
upon commencement of employment the obligor may request the court 11,017
or child support enforcement agency to issue a notice requiring 11,018
the withholding of an amount from the obligor's personal earnings 11,019
for support in accordance with division (D)(1) of this section
and that upon commencement of employment the court may cancel its 11,021
withholding notice under division (D)(4)(b) of this section and 11,022
instead will issue a notice requiring the withholding of an
amount from personal earnings for support in accordance with 11,023
division (D)(1) of this section. The notification required of 11,024
the obligor shall include a description of the nature of any new 11,025
employment, the name and business address of any new employer, 11,026
and any other information reasonably required by the court. 11,027
(5)(a) If the court or child support enforcement agency 11,029
determines that the obligor has funds on deposit in any account 11,030
in a financial institution under the jurisdiction of the court, 11,031
the court or agency may require any financial institution in 11,032
which the obligor's funds are on deposit to deduct from the 11,033
obligor's account a specified amount for support in satisfaction 11,034
of the support order, to begin the deduction no later than 11,035
fourteen working days following the date the notice was mailed to 11,036
the financial institution under divisions (A)(2) or (B) and 11,037
(D)(5)(b) of this section, to send the amount deducted to the 11,038
child support enforcement agency designated for that county 11,039
pursuant to section 2301.35 of the Revised Code, to send that 11,040
amount to the agency immediately but not later than ten days 11,041
after the date the latest deduction was made, to provide the date 11,042
on which the amount was deducted, and to continue the deduction 11,043
at intervals specified in the notice until further notice from 11,044
268
the court or agency. To the extent possible, the amount 11,045
specified in the notice to be deducted shall satisfy the amount 11,046
ordered for support in the support order plus any arrearages that 11,047
may be owed by the obligor under any prior support order that 11,048
pertained to the same child or spouse, notwithstanding the 11,049
limitations of sections 2329.66, 2329.70, and 2716.13 of the 11,050
Revised Code. However, in no case shall the sum of the amount 11,051
specified in the notice to be deducted and the fee deducted by 11,052
the financial institution as a charge for its services exceed the 11,053
maximum amount permitted under section 303(b) of the "Consumer 11,054
Credit Protection Act," 15 U.S.C. 1673(b). 11,055
(b) If the court or agency imposes a withholding 11,057
requirement under division (D)(5)(a) of this section, it, within 11,058
the applicable period of time specified in division (A), (B), or 11,059
(C) of this section, shall send to the financial institution by 11,060
regular mail a notice that contains all of the information set 11,061
forth in divisions (D)(5)(b)(i) to (viii) of this section. The 11,062
notice is final and is enforceable by the court. The notice 11,063
shall contain all of the following: 11,064
(i) The amount to be deducted from the obligor's account 11,066
and a statement that the amount actually deducted for support and 11,067
other purposes, including the fee described in division 11,068
(D)(5)(b)(viii) of this section, shall not be in excess of the 11,069
maximum amounts permitted under section 303(b) of the "Consumer 11,070
Credit Protection Act," 15 U.S.C. 1673(b); 11,071
(ii) A statement that the financial institution is 11,073
required to send the amount deducted to the child support 11,074
enforcement agency immediately, but not later than ten working 11,075
days, after the date the last deduction was made and is required 11,076
to report to the agency the date on which the amount was deducted 11,077
from the obligor's account; 11,078
(iii) A statement that the deduction is binding upon the 11,080
financial institution until further notice from the court or 11,081
agency; 11,082
269
(iv) A statement that the withholding in accordance with 11,084
the notice and under the provisions of this section has priority 11,085
over any other legal process under the law of this state against 11,086
the same account; 11,087
(v) The date on which the notice was mailed and a 11,089
statement that the financial institution is required to implement 11,090
the deduction no later than fourteen working days following the 11,091
date the notice was mailed and is required to continue the 11,092
deduction at the intervals specified in the notice; 11,093
(vi) A requirement that the financial institution promptly 11,095
notify the child support enforcement agency, in writing, within 11,096
ten days after the date of any termination of the account from 11,097
which the deduction is being made and notify the agency, in 11,098
writing, of the opening of a new account at that financial 11,099
institution, the account number of the new account, the name of 11,100
any other known financial institutions in which the obligor has 11,101
any accounts, and the numbers of those accounts; 11,102
(vii) A requirement that the financial institution include 11,104
in all notices the obligor's last known mailing address, last 11,105
known residence address, and social security number; 11,106
(viii) A statement that, in addition to the amount 11,108
deducted for support, the financial institution may deduct a fee 11,109
from the obligor's account as a charge for its services in 11,110
complying with the notice and a specification of the amount that 11,111
may be deducted. 11,112
(c) The court or agency shall send the notice described in 11,114
division (D)(5)(b) of this section to the obligor and shall 11,115
attach to the notice an additional notice requiring the obligor 11,116
immediately to notify the child support enforcement agency, in 11,117
writing, of any change in the status of the account from which 11,118
the amount of support is being deducted or the opening of a new 11,119
account with any financial institution, of commencement of 11,120
employment, including self-employment, or of the availability of 11,121
any other sources of income that can be the subject of any 11,122
270
withholding or deduction requirement described in division (D) of 11,123
this section. The court or agency shall serve the notices upon 11,124
the obligor at the same time as service of the support order or, 11,125
if the support order previously has been issued, shall send the 11,126
notices to the obligor by regular mail at the last known address 11,127
at the same time that it sends the notice described in division 11,128
(D)(5)(b) of this section to the financial institution. The 11,129
additional notice also shall specify that upon commencement of 11,131
employment, the obligor may request the court or child support 11,132
enforcement agency to cancel its financial institution account 11,133
deduction notice and instead issue a notice requiring the
withholding of an amount from personal earnings for support in 11,135
accordance with division (D)(1) of this section and that upon
commencement of employment the court may cancel its financial 11,136
institution account deduction notice under division (D)(5)(b) of 11,137
this section and instead will issue a notice requiring the 11,138
withholding of an amount from personal earnings for support in 11,140
accordance with division (D)(1) of this section. The
notification required of the obligor shall include a description 11,141
of the nature of any new accounts opened at a financial 11,142
institution under the jurisdiction of the court, the name and 11,143
business address of that financial institution, a description of 11,144
the nature of any new employment, the name and business address 11,145
of any new employer, and any other information reasonably 11,146
required by the court. 11,147
(6) The court may issue an order requiring the obligor to 11,149
enter into a cash bond with the court. The court shall issue the 11,150
order as part of the support order or, if the support order 11,151
previously has been issued, as a separate order. Any cash bond 11,152
so required shall be in a sum fixed by the court at not less than 11,153
five hundred nor more than ten thousand dollars, conditioned that 11,154
the obligor will make payment as previously ordered and will pay 11,155
any arrearages under any prior support order that pertained to 11,156
the same child or spouse. The order, along with an additional 11,157
271
order requiring the obligor to immediately notify the child 11,158
support enforcement agency, in writing, of commencement of 11,159
employment, including self-employment, shall be attached to, and 11,160
shall be served upon the obligor at the same time as service of, 11,161
the support order or, if the support order previously has been 11,162
issued, as soon as possible after the issuance of the order under 11,163
this division. The additional order also shall specify that upon 11,164
commencement of employment the obligor may request the court to 11,166
cancel its bond order and instead issue a notice requiring the 11,167
withholding of an amount from personal earnings for support in 11,168
accordance with division (D)(1) of this section and that upon 11,169
commencement of employment the court will proceed to collect on 11,170
the bond, if the court determines that payments due under the 11,171
support order have not been made and that the amount that has not 11,172
been paid is at least equal to the support owed for one month 11,173
under the support order, and will issue a notice requiring the 11,174
withholding of an amount from personal earnings for support in 11,175
accordance with division (D)(1) of this section. The 11,176
notification required of the obligor shall include a description 11,177
of the nature of any new employment, the name and business 11,178
address of any new employer, and any other information reasonably 11,179
required by the court.
The court shall not order an obligor to post a cash bond 11,181
under this division unless the court determines that the obligor 11,182
has the ability to do so. A child support enforcement agency 11,183
shall not issue an order of the type described in this division. 11,184
If a child support enforcement agency is required to issue a 11,185
withholding or deduction notice under division (D) of this 11,186
section but the agency determines that no notice of the type 11,187
described in division (D)(1) to (5) of this section would be 11,188
appropriate, the agency may request the court to issue a court 11,189
order under this division, and, upon the request, the court may 11,190
issue an order as described in this division. 11,191
(7) If the obligor is unemployed, has no income, and does 11,193
272
not have an account at any financial institution, the court shall 11,194
issue an order requiring the obligor to seek employment if the 11,195
obligor is able to engage in employment and immediately to notify 11,196
the child support enforcement agency upon obtaining employment, 11,197
upon obtaining any income, or upon obtaining ownership of any 11,198
asset with a value of five hundred dollars or more. The court 11,199
shall issue the notice as part of the support order or, if the 11,200
support order previously has been issued, as a separate notice. A 11,202
child support enforcement agency shall not issue a notice of the 11,203
type described in this division. If a child support enforcement 11,204
agency is required to issue a withholding or deduction notice 11,205
under division (D) of this section but the agency determines that 11,206
no notice of the type described in division (D)(1) to (5) of this 11,207
section would be appropriate, the agency may request the court to 11,208
issue a court order under this division, and, upon the request, 11,209
the court may issue an order as described in this division. 11,210
(E) If a court or child support enforcement agency is 11,212
required under division (A), (B), or (C) of this section or any 11,213
other section of the Revised Code to issue one or more notices or 11,214
court orders described in division (D) of this section, the court 11,215
or agency to the extent possible shall issue a sufficient number 11,216
of notices or court orders under division (D) of this section to 11,217
provide that the aggregate amount withheld or deducted under 11,218
those notices or court orders satisfies the amount ordered for 11,219
support in the support order plus any arrearages that may be owed 11,220
by the obligor under any prior support order that pertained to 11,221
the same child or spouse, notwithstanding the limitations of 11,222
sections 2329.66, 2329.70, 2716.13, and 4123.67 of the Revised 11,223
Code. However, in no case shall the aggregate amount withheld or 11,224
deducted and any fees withheld or deducted as a charge for 11,225
services exceed the maximum amount permitted under section 303(b) 11,226
of the "Consumer Credit Protection Act," 15 U.S.C. 1673(b). 11,227
(F)(1) Any withholding or deduction requirement that is 11,229
contained in a notice described in division (D) of this section 11,230
273
and that is required to be issued by division (A), (B), or (C) of 11,231
this section or any other section of the Revised Code has 11,232
priority over any order of attachment, any order in aid of 11,233
execution, and any other legal process issued under state law 11,234
against the same earnings, payments, or account. 11,235
(2) When two or more withholding or deduction notices that 11,237
are described in division (D) of this section and that are 11,238
required to be issued by division (A), (B), or (C) of this 11,239
section or any other section of the Revised Code are received by 11,240
an employer, the bureau of workers' compensation, an employer 11,241
that is paying more than one person's workers' compensation 11,242
benefits, the public employees retirement board, the board, board 11,243
of trustees, or other governing entity of any municipal 11,244
retirement system, the board of trustees of the police and 11,245
firemen's disability and pension fund, the state teachers 11,246
retirement board, the school employees retirement board, the 11,247
state highway patrol retirement board, a person paying or 11,248
otherwise distributing income for more than one obligor, or a 11,249
financial institution, the employer, bureau of workers' 11,250
compensation, employer paying workers' compensation benefits, 11,251
board, board of trustees, or other governing entity of a 11,252
retirement system, person paying or distributing income to an 11,253
obligor, or financial institution shall comply with all of the 11,254
requirements contained in the notices to the extent that the 11,255
total amount withheld from the obligor's personal earnings, 11,256
payments, pensions, annuities, allowances, benefits, other 11,257
sources of income, or savings does not exceed the maximum amount 11,258
permitted under section 303(b) of the "Consumer Credit Protection 11,259
Act," 15 U.S.C. 1673(b), withhold or deduct amounts in accordance 11,260
with the allocation set forth in divisions (F)(2)(a) and (b) of 11,261
this section, notify each court or child support enforcement 11,262
agency that issued one of the notices of the allocation, and give 11,263
priority to amounts designated in each notice as current support 11,264
in the following manner: 11,265
274
(a) If the total of the amounts designated in the notices 11,267
as current support exceeds the amount available for withholding 11,268
under section 303(b) of the "Consumer Credit Protection Act," 15 11,269
U.S.C. 1673(b), the employer, bureau of workers' compensation, 11,270
employer paying workers' compensation benefits, board, board of 11,271
trustees, or other governing entity of a municipal retirement 11,272
system, person paying or distributing income to an obligor, or 11,273
financial institution shall allocate to each notice an amount for 11,274
current support equal to the amount designated in that notice as 11,275
current support multiplied by a fraction in which the numerator 11,276
is the amount of personal earnings, payments, pensions, 11,277
annuities, allowances, benefits, other sources of income, or 11,278
savings available for withholding and the denominator is the 11,279
total amount designated in all of the notices as current support. 11,280
(b) If the total of the amounts designated in the notices 11,282
as current support does not exceed the amount available for 11,283
withholding under section 303(b) of the "Consumer Credit 11,284
Protection Act," 15 U.S.C. 1673(b), the persons and entities 11,285
listed in division (F)(2)(a) of this section shall pay all of the 11,286
amounts designated as current support in the notices and shall 11,287
allocate to each notice an amount for past-due support equal to 11,288
the amount designated in that notice as past-due support 11,289
multiplied by a fraction in which the numerator is the amount of 11,290
personal earnings, payments, pensions, annuities, allowances, 11,291
benefits, other sources of income, or savings remaining available 11,292
for withholding after the payment of current support and the 11,293
denominator is the total amount designated in all of the notices 11,294
as past-due support. 11,295
(G)(1) Except when a provision specifically authorizes or 11,297
requires service other than as described in this division, 11,298
service of any notice on any party, the bureau of workers' 11,299
compensation, an employer that is paying a person's workers' 11,300
compensation benefits, the public employees retirement board, the 11,301
board, board of trustees, or other governing entity of any 11,302
275
municipal retirement system, the board of trustees of the police 11,303
and firemen's disability and pension fund, the state teachers 11,304
retirement board, the school employees retirement board, the 11,305
state highway patrol retirement board, a person paying or 11,306
otherwise distributing an obligor's income, a financial 11,307
institution, or an employer, for purposes of division (A), (B), 11,308
(C), or (D) of this section, may be made by personal service or 11,309
ordinary first class mail directed to the addressee at the last 11,310
known address, or, in the case of a corporation, at its usual 11,311
place of doing business. Any service of notice by ordinary first 11,312
class mail shall be evidenced by a certificate of mailing filed 11,313
with the clerk of the court. 11,314
(2) Each party to a support order shall notify the child 11,316
support enforcement agency of the party's current mailing address 11,317
and current residence address at the time of the issuance or 11,318
modification of the order and, until further notice of the court 11,319
that issues the order, shall notify the agency of any change in 11,320
either address immediately after the change occurs. Any willful 11,321
failure to comply with this division is contempt of court. No 11,322
person shall fail to give the notice required by division (G)(2) 11,323
of this section.
(3) Each support order, or modification of a support 11,325
order, that is subject to this section shall contain a statement 11,326
requiring each party to the order to notify the child support 11,327
enforcement agency in writing of the party's current mailing 11,328
address, the party's current residence address, and of any 11,329
changes in either address and a notice that the requirement to 11,330
notify the agency of all changes in either address continues 11,331
until further notice from the court and that a willful failure to 11,332
supply a correct mailing address or residence address or to 11,333
provide the agency with all changes in either address is contempt 11,334
of court. 11,335
(4)(a) The parent who is the residential parent and legal 11,337
custodian of a child for whom a support order is issued or the 11,338
276
person who otherwise has custody of a child for whom a support 11,339
order is issued immediately shall notify, and the obligor under a 11,340
support order may notify, the child support enforcement agency of 11,341
any reason for which the support order should terminate, 11,342
including, but not limited to, death, marriage, emancipation, 11,343
enlistment in the armed services, deportation, or change of legal 11,344
or physical custody of the child. A willful failure to notify 11,345
the child support enforcement agency as required by this division 11,346
is contempt of court. Upon receipt of a notice pursuant to this 11,347
division, the agency immediately shall conduct an investigation 11,348
to determine if any reason exists for which the support order 11,349
should terminate. If the agency so determines, it immediately 11,350
shall notify the court that issued the support order of the 11,351
reason for which the support order should terminate. 11,352
(b) Upon receipt of a notice given pursuant to division 11,354
(G)(4)(a) of this section, the court shall impound any funds 11,355
received for the child pursuant to the support order and set the 11,356
case for a hearing for a determination of whether the support 11,357
order should be terminated or modified or whether the court 11,358
should take any other appropriate action. 11,359
(c) If the court terminates a support order pursuant to 11,361
divisions (G)(4)(a) and (b) of this section, the termination of 11,362
the support order also terminates any withholding or deduction 11,363
order as described in division (D) or (H) of this section that 11,364
was issued relative to the support order prior to December 31, 11,365
1993, and any withholding or deduction notice as described in 11,366
division (D) or court order as described in division (D)(6), 11,367
(D)(7), or (H) of this section that was issued relative to the 11,368
support order on or after December 31, 1993. Upon the 11,369
termination of any withholding or deduction order or any 11,370
withholding or deduction notice, the court immediately shall 11,371
notify the appropriate child support enforcement agency that the 11,372
order or notice has been terminated, and the agency immediately 11,373
shall notify each employer, financial institution, or other 11,374
277
person or entity that was required to withhold or deduct a sum of 11,375
money for the payment of support under the terminated withholding 11,376
or deduction order or the terminated withholding or deduction 11,377
notice that the order or notice has been terminated and that it 11,378
is required to cease all withholding or deduction under the order 11,379
or notice. 11,380
(d) The department of human services shall adopt rules 11,382
that provide for both of the following: 11,383
(i) The return to the appropriate person of any funds that 11,385
a court has impounded under division (G)(4)(b) of this section if 11,386
the support order under which the funds were paid has been 11,387
terminated pursuant to divisions (G)(4)(a) and (b) of this 11,388
section; 11,389
(ii) The return to the appropriate person of any other 11,391
payments made pursuant to a support order if the payments were 11,392
made at any time after the support order under which the funds 11,393
were paid has been terminated pursuant to divisions (G)(4)(a) and 11,394
(b) of this section. 11,395
(5) If any party to a support order requests a 11,397
modification of the order or if any obligee under a support order 11,398
or any person on behalf of the obligee files any action to 11,399
enforce a support order, the court shall notify the child support 11,400
enforcement agency that is administering the support order or 11,401
that will administer the order after the court's determination of 11,402
the request or the action, of the request or the filing. 11,403
(6) When a child support enforcement agency receives any 11,405
notice under division (G) of section 2151.23, section 2301.37, 11,406
division (E) of section 3105.18, division (C) of section 3105.21, 11,407
division (A) of section 3109.05, division (F) of section 3111.13, 11,408
division (B) of section 3113.04, section 3113.21, section 11,409
3113.211, section 3113.212, division (K) of section 3113.31, or 11,410
division (D) of section 3115.22 of the Revised Code, it shall 11,411
issue the most appropriate notices under division (D) of this 11,412
section. Additionally, it shall do all of the following: 11,413
278
(a) If the obligor is subject to a withholding notice 11,415
issued under division (D)(1) of this section and the notice 11,416
relates to the obligor's change of employment, send a withholding 11,417
notice under that division to the new employer of the obligor as 11,418
soon as the agency obtains knowledge of that employer; 11,419
(b) If the notification received by the agency specifies 11,421
that a lump-sum payment of five hundred dollars or more is to be 11,422
paid to the obligor, notify the court of the receipt of the 11,423
notice and its contents; 11,424
(c) Comply with section 3113.212 of the Revised Code, as 11,426
appropriate. 11,427
(H)(1)(a) For purposes of division (D)(1) of this section, 11,429
when a person who fails to comply with a support order that is 11,430
subject to that division derives income from self-employment or 11,431
commission, is employed by an employer not subject to the 11,432
jurisdiction of the court, or is in any other employment 11,433
situation that makes the application of that division 11,434
impracticable, the court may require the person to enter into a 11,435
cash bond to the court in a sum fixed by the court at not less 11,436
than five hundred nor more than ten thousand dollars, conditioned 11,437
that the person will make payment as previously ordered. 11,438
(b) When a court determines at a hearing conducted under 11,440
division (B) of this section, or a child support enforcement 11,441
agency determines at a hearing or pursuant to an investigation 11,442
conducted under division (B) of this section, that the obligor 11,443
under the order in relation to which the hearing or investigation 11,444
is conducted is unemployed and has no other source of income and 11,445
no assets so that the application of divisions (B) and (D) of 11,446
this section would be impracticable, the court shall issue an 11,447
order as described in division (D)(7) of this section and shall 11,448
order the obligor to notify the child support enforcement agency 11,449
in writing immediately upon commencement of employment, including 11,451
self-employment, of the receipt of workers' compensation 11,452
payments, of the receipt of any other source of income, or of the 11,453
279
opening of an account in a financial institution, and to include 11,454
in the notification a description of the nature of the 11,455
employment, the name and business address of the employer, and 11,456
any other information reasonably required by the court. 11,457
(2) When a court determines, at a hearing conducted under 11,459
division (C)(2) of this section, that an obligor is unemployed, 11,460
is not receiving workers' compensation payments, does not have an 11,461
account in a financial institution, and has no other source of 11,462
income and no assets so that the application of divisions (C)(2) 11,463
and (D) of this section would be impracticable, the court shall 11,464
issue an order as described in division (D)(7) of this section 11,465
and shall order the obligor to notify the child support 11,466
enforcement agency, in writing, immediately upon commencement of 11,468
employment, including self-employment, of the receipt of workers' 11,469
compensation payments, of the receipt of any other source of 11,470
income, or of the opening of an account in a financial
institution, and to include in the notification a description of 11,471
the nature of the employment, the name and business address of 11,472
the employer or the name and address of the financial 11,473
institution, and any other information reasonably required by the 11,474
court. 11,475
(3)(a) Upon receipt of a notice from a child support 11,477
enforcement agency under division (G)(6) of this section that a 11,478
lump-sum payment of five hundred dollars or more is to be paid to 11,479
the obligor, the court shall do either of the following: 11,480
(i) If the obligor is in default under the support order 11,482
or has any unpaid arrearages under the support order, issue an 11,483
order requiring the transmittal of the lump-sum payment to the 11,484
child support enforcement agency. 11,485
(ii) If the obligor is not in default under the support 11,487
order and does not have any unpaid arrearages under the support 11,488
order, issue an order directing the person who gave the notice to 11,489
the court to immediately pay the full amount of the lump-sum 11,490
payment to the obligor. 11,491
280
(b) Upon receipt of any moneys pursuant to division 11,493
(H)(3)(a) of this section, a child support enforcement agency 11,494
shall pay the amount of the lump-sum payment that is necessary to 11,495
discharge all of the obligor's arrearages to the obligee and, 11,496
within two business days after its receipt of the money, any 11,497
amount that is remaining after the payment of the arrearages to 11,498
the obligor. 11,499
(c) Any court that issued an order prior to December 1, 11,501
1986, requiring an employer to withhold an amount from an 11,502
obligor's personal earnings for the payment of support shall 11,503
issue a supplemental order that does not change the original 11,504
order or the related support order requiring the employer to do 11,505
all of the following: 11,506
(i) No later than the earlier of forty-five days before a 11,508
lump-sum payment is to be made or, if the obligor's right to a 11,509
lump-sum payment is determined less than forty-five days before 11,510
it is to be made, the date on which that determination is made, 11,511
notify the child support enforcement agency of any lump-sum 11,512
payment of any kind of five hundred dollars or more that is to be 11,513
paid to the obligor; 11,514
(ii) Hold the lump-sum payment for thirty days after the 11,516
date on which it would otherwise be paid to the obligor, if the 11,517
lump-sum payment is sick pay, a lump-sum payment of retirement 11,518
benefits or contributions, or profit-sharing payments or 11,519
distributions; 11,520
(iii) Upon order of the court, pay any specified amount of 11,522
the lump-sum payment to the child support enforcement agency. 11,523
(d) If an employer knowingly fails to notify the child 11,525
support enforcement agency in accordance with division (D) of 11,526
this section of any lump-sum payment to be made to an obligor, 11,527
the employer is liable for any support payment not made to the 11,528
obligee as a result of its knowing failure to give the notice as 11,529
required by that division. 11,530
(I)(1) Any support order, or modification of a support 11,532
281
order, that is subject to this section shall contain the date of 11,533
birth and social security number of the obligor. 11,534
(2) No withholding or deduction notice described in 11,536
division (D) or court order described in division (D)(6) or (7) 11,537
of this section shall contain any information other than the 11,538
information specifically required by division (A), (B), (C), or 11,539
(D) of this section or by any other section of the Revised Code 11,540
and any additional information that the issuing court determines 11,541
may be necessary to comply with the notice. 11,542
(J) No withholding or deduction notice described in 11,544
division (D) or court order described in division (D)(6) or (7) 11,545
of this section and issued under division (A), (B), or (C) of 11,546
this section or any other section of the Revised Code shall be 11,547
terminated solely because the obligor pays any part or all of the 11,549
arrearages under the support order.
(K)(1) Except as provided in division (K)(2) of this 11,551
section and section 2301.42 of the Revised Code and the rules 11,552
adopted pursuant to division (C) of that section, if child 11,553
support arrearages are owed by an obligor to the obligee and to 11,554
the department of human services, any payments received on the 11,555
arrearages by the child support enforcement agency first shall be 11,556
paid to the obligee until the arrearages owed to the obligee are
paid in full. 11,557
(2) Division (K)(1) of this section does not apply to the 11,559
collection of past-due child support from refunds of paid federal 11,560
taxes pursuant to section 5101.32 of the Revised Code or of 11,561
overdue child support from refunds of paid state income taxes 11,562
pursuant to sections 5101.321 and 5747.121 of the Revised Code. 11,563
(L)(1) Each court with jurisdiction to issue support 11,565
orders shall establish rules of court to ensure that the 11,566
following percentage of all actions to establish a support 11,567
requirement or to modify a previously issued support order be 11,568
completed within the following time limits: 11,569
(a) Ninety per cent of all of the actions shall be 11,571
282
completed within three months after they were initially filed; 11,572
(b) Ninety-eight per cent of all of the actions shall be 11,574
completed within six months after they were initially filed; 11,575
(c) One hundred per cent of all of the actions shall be 11,577
completed within twelve months after they were initially filed. 11,578
(2) If a case involves complex legal issues requiring full 11,580
judicial review, the court shall issue a temporary support order 11,581
within the time limits set forth in division (L)(1) of this 11,582
section, which temporary order shall be in effect until a final 11,583
support order is issued in the case. All cases in which the 11,584
imposition of a notice or order under division (D) of this 11,585
section is contested shall be completed within the period of time 11,586
specified by law for completion of the case. The failure of a 11,587
court to complete a case within the required period does not 11,588
affect the ability of any court to issue any order under this 11,589
section or any other section of the Revised Code for the payment 11,590
of support, does not provide any defense to any order for the 11,591
payment of support that is issued under this section or any other 11,592
section of the Revised Code, and does not affect any obligation 11,593
to pay support. 11,594
(3)(a) In any Title IV-D case, the judge, when necessary 11,596
to satisfy the federal requirement of expedited process for 11,597
obtaining and enforcing support orders, shall appoint referees to 11,598
make findings of fact and recommendations for the judge's 11,599
approval in the case. All referees appointed pursuant to this 11,600
division shall be attorneys admitted to the practice of law in 11,601
this state. If the court appoints a referee pursuant to this 11,602
division, the court may appoint any additional administrative and 11,603
support personnel for the referee. 11,604
(b) Any referee appointed pursuant to division (L)(3)(a) 11,606
of this section may perform any of the following functions: 11,607
(i) The taking of testimony and keeping of a record in the 11,609
case; 11,610
(ii) The evaluation of evidence and the issuance of 11,612
283
recommendations to establish, modify, and enforce support orders; 11,613
(iii) The acceptance of voluntary acknowledgments of 11,615
support liability and stipulated agreements setting the amount of 11,616
support to be paid; 11,617
(iv) The entering of default orders if the obligor does 11,619
not respond to notices in the case within a reasonable time after 11,620
the notices are issued; 11,621
(v) Any other functions considered necessary by the court. 11,623
(4) The child support enforcement agency may conduct 11,625
administrative reviews of support orders to obtain voluntary 11,626
notices or court orders under division (D) of this section and to 11,627
correct any errors in the amount of any arrearages owed by an 11,628
obligor. The obligor and the obligee shall be notified of the 11,629
time, date, and location of the administrative review at least 11,630
fourteen days before it is held. 11,631
(M)(1) The termination of a support obligation or a 11,633
support order does not abate the power of any court to collect 11,634
overdue and unpaid support or to punish any person for a failure 11,635
to comply with an order of the court or to pay any support as 11,636
ordered in the terminated support order and does not abate the 11,637
authority of a child support enforcement agency to issue, in 11,638
accordance with this section, any notice described in division 11,639
(D) of this section or of a court to issue, in accordance with 11,640
this section, any court order as described in division (D)(6) or 11,641
(7) of this section, to collect any support due or arrearage 11,642
under the support order. 11,643
(2) Any court that has the authority to issue a support 11,645
order shall have all powers necessary to enforce that support 11,646
order, and all other powers, set forth in this section. 11,647
(3) Except as provided in division (M)(4) of this section, 11,649
a court may not retroactively modify an obligor's duty to pay a 11,650
delinquent support payment. 11,651
(4) A court with jurisdiction over a support order may 11,653
modify an obligor's duty to pay a support payment that becomes 11,654
284
due after notice of a petition to modify the support order has 11,655
been given to each obligee and to the obligor before a final 11,656
order concerning the petition for modification is entered. 11,657
(N) If an obligor is in default under a support order and 11,659
has a claim against another person of more than one thousand 11,660
dollars, the obligor shall notify the child support enforcement 11,661
agency of the claim, the nature of the claim, and the name of the 11,662
person against whom the claim exists. If an obligor is in 11,663
default under a support order and has a claim against another 11,664
person or is a party in an action for any judgment, the child 11,665
support enforcement agency or the agency's attorney, on behalf of 11,666
the obligor, immediately shall file with the court in which the 11,667
action is pending a motion to intervene in the action or a 11,668
creditor's bill. The motion to intervene shall be prepared and 11,669
filed pursuant to Civil Rules 5 and 24(A) and (C). 11,670
Nothing in this division shall preclude an obligee from 11,672
filing a motion to intervene in any action or a creditor's bill. 11,673
(O) If an obligor is receiving unemployment compensation 11,675
benefits, an amount may be deducted from those benefits for 11,676
purposes of child support, in accordance with section 2301.371 11,677
and division (D)(4) of section 4141.28 of the Revised Code. Any 11,678
deduction from a source in accordance with those provisions is in 11,679
addition to, and does not preclude, any withholding or deduction 11,680
for purposes of support under divisions (A) to (N) of this 11,681
section. 11,682
(P) As used in this section, and in sections 3113.211 to 11,684
3113.217 of the Revised Code: 11,685
(1) "Financial institution" means a bank, savings and loan 11,687
association, or credit union, or a regulated investment company 11,688
or mutual fund in which a person who is required to pay child 11,689
support has funds on deposit that are not exempt under the law of 11,690
this state or the United States from execution, attachment, or 11,691
other legal process. 11,692
(2) "Title IV-D case" means any case in which the child 11,694
285
support enforcement agency is enforcing the child support order 11,695
pursuant to Title IV-D of the "Social Security Act," 88 Stat. 11,696
2351 (1975), 42 U.S.C. 651, as amended. 11,697
(3) "Child support enforcement agency" means the child 11,699
support enforcement agency designated pursuant to section 2301.35 11,700
of the Revised Code. 11,701
(4) "Obligor" means the person who is required to pay 11,703
support under a support order. 11,704
(5)(4) "Obligee" means the person who is entitled to 11,706
receive the support payments under a support order. 11,707
(6)(5) "Support order" means an order for the payment of 11,709
support and, for orders issued or modified on or after December 11,710
31, 1993, includes any notices described in division (D) or (H) 11,711
of this section that are issued in accordance with this section. 11,712
(7)(6) "Support" means child support, spousal support, and 11,714
support for a spouse or former spouse. 11,715
(8)(7) "Personal earnings" means compensation paid or 11,717
payable for personal services, however denominated, and includes, 11,719
but is not limited to, wages, salary, commissions, bonuses, draws 11,720
against commissions, profit sharing, and vacation pay. 11,721
(9)(8) "Default" has the same meaning as in section 11,723
2301.34 of the Revised Code. 11,724
Sec. 3113.215. (A) As used in this section: 11,734
(1) "Income" means either of the following: 11,736
(a) For a parent who is employed to full capacity, the 11,738
gross income of the parent; 11,739
(b) For a parent who is unemployed or underemployed, the 11,741
sum of the gross income of the parent, and any potential income 11,742
of the parent. 11,743
(2) "Gross income" means, except as excluded in this 11,745
division, the total of all earned and unearned income from all 11,746
sources during a calendar year, whether or not the income is 11,747
taxable, and includes, but is not limited to, income from 11,748
salaries, wages, overtime pay and bonuses to the extent described 11,749
286
in division (B)(5)(d) of this section, commissions, royalties, 11,750
tips, rents, dividends, severance pay, pensions, interest, trust 11,751
income, annuities, social security benefits, workers' 11,752
compensation benefits, unemployment insurance benefits, 11,753
disability insurance benefits, benefits received by and in the 11,754
possession of the veteran who is the beneficiary for any 11,755
service-connected disability under a program or law administered 11,756
by the United States department of veterans' affairs or veterans' 11,757
administration, spousal support actually received from a person 11,758
not a party to the support proceeding for which actual gross 11,759
income is being determined, and all other sources of income; 11,760
income of members of any branch of the United States armed 11,761
services or national guard, including, but not limited to,
amounts representing base pay, basic allowance for quarters, 11,762
basic allowance for subsistence, supplemental subsistence 11,763
allowance, cost of living adjustment, specialty pay, variable 11,764
housing allowance, and pay for training or other types of 11,765
required drills; self-generated income; and potential cash flow 11,766
from any source. 11,767
"Gross income" does not include any benefits received from 11,769
means-tested public assistance programs, including, but not 11,770
limited to, aid to families with dependent children OHIO WORKS 11,772
FIRST, supplemental security income, food stamps, or disability 11,773
assistance, does not include any benefits for any 11,774
service-connected disability under a program or law administered 11,775
by the United States department of veterans' affairs or veterans' 11,776
administration that have not been distributed to the veteran who 11,777
is the beneficiary of the benefits and that are in the possession 11,778
of the United States department of veterans' affairs or veterans' 11,779
administration, does not include any child support received for 11,780
children who were not born or adopted during the marriage at 11,781
issue, does not include amounts paid for mandatory deductions 11,782
from wages other than taxes, social security, or retirement in 11,783
lieu of social security, including, but not limited to, union 11,784
287
dues, and does not include nonrecurring or unsustainable income 11,785
or cash flow items. 11,786
(3) "Self-generated income" means gross receipts received 11,788
by a parent from self-employment, proprietorship of a business, 11,789
joint ownership of a partnership or closely held corporation, and 11,790
rents minus ordinary and necessary expenses incurred by the 11,791
parent in generating the gross receipts. "Self-generated income" 11,792
includes expense reimbursements or in-kind payments received by a 11,793
parent from self-employment, the operation of a business, or 11,794
rents, including, but not limited to, company cars, free housing, 11,795
reimbursed meals, and other benefits, if the reimbursements are 11,796
significant and reduce personal living expenses. 11,797
(4)(a) "Ordinary and necessary expenses incurred in 11,799
generating gross receipts" means actual cash items expended by 11,800
the parent or the parent's business and includes depreciation 11,802
expenses of replacement business equipment as shown on the books 11,803
of a business entity. 11,804
(b) Except as specifically included in "ordinary and 11,806
necessary expenses incurred in generating gross receipts" by 11,807
division (A)(4)(a) of this section, "ordinary and necessary 11,808
expenses incurred in generating gross receipts" does not include 11,809
depreciation expenses and other noncash items that are allowed as 11,810
deductions on any federal tax return of the parent or the 11,811
parent's business. 11,812
(5) "Potential income" means both of the following for a 11,814
parent that the court, or a child support enforcement agency 11,815
pursuant to sections 3111.20, 3111.21, and 3111.22 of the Revised 11,817
Code, determines is voluntarily unemployed or voluntarily
underemployed: 11,818
(a) Imputed income that the court or agency determines the 11,820
parent would have earned if fully employed as determined from the 11,821
parent's employment potential and probable earnings based on the 11,822
parent's recent work history, the parent's occupational 11,823
qualifications, and the prevailing job opportunities and salary 11,824
288
levels in the community in which the parent resides; 11,825
(b) Imputed income from any nonincome-producing assets of 11,827
a parent, as determined from the local passbook savings rate or 11,828
another appropriate rate as determined by the court or agency, 11,829
not to exceed the rate of interest specified in division (A) of 11,830
section 1343.03 of the Revised Code, if the income is 11,831
significant. 11,832
(6) "Child support order" means an order for the payment 11,834
of child support. 11,835
(7) "Combined gross income" means the combined gross 11,837
income of both parents. 11,838
(8) "Split parental rights and responsibilities" means a 11,840
situation in which there is more than one child who is the 11,841
subject of an allocation of parental rights and responsibilities 11,842
and each parent is the residential parent and legal custodian of 11,843
at least one of those children. 11,844
(9) "Schedule" means the basic child support schedule set 11,846
forth in division (D) of this section. 11,847
(10) "Worksheet" means the applicable worksheet that is 11,849
used to calculate a parent's child support obligation and that is 11,850
set forth in divisions (E) and (F) of this section. 11,851
(11) "Nonrecurring or unsustainable income or cash flow 11,853
item" means any income or cash flow item that the parent receives 11,854
in any year or for any number of years not to exceed three years 11,855
and that the parent does not expect to continue to receive on a 11,856
regular basis. "Nonrecurring or unsustainable income or cash 11,857
flow item" does not include a lottery prize award that is not 11,858
paid in a lump sum or any other item of income or cash flow that 11,859
the parent receives or expects to receive for each year for a 11,860
period of more than three years or that the parent receives and 11,861
invests or otherwise utilizes to produce income or cash flow for 11,862
a period of more than three years. 11,863
(12) "Extraordinary medical expenses" means any uninsured 11,865
medical expenses that are incurred for a child during a calendar 11,866
289
year and that exceed one hundred dollars for that child during 11,867
that calendar year. 11,868
(B)(1) In any action in which a child support order is 11,870
issued or modified under Chapter 3115. or section 2151.23, 11,871
2151.33, 2151.36, 2151.49, 3105.18, 3105.21, 3109.05, 3109.19, 11,872
3111.13, 3113.04, 3113.07, 3113.216, or 3113.31 of the Revised 11,873
Code, in any other proceeding in which the court determines the 11,874
amount of child support that will be ordered to be paid pursuant 11,875
to a child support order, or when a child support enforcement 11,876
agency determines the amount of child support that will be paid 11,877
pursuant to an administrative child support order issued pursuant 11,878
to sections 3111.20, 3111.21, and 3111.22 of the Revised Code, 11,879
the court or agency shall calculate the amount of the obligor's 11,880
child support obligation in accordance with the basic child 11,881
support schedule in division (D) of this section, the applicable 11,882
worksheet in division (E) or (F) of this section, and the other 11,883
provisions of this section, shall specify the support obligation 11,884
as a monthly amount due, and shall order the support obligation 11,885
to be paid in periodic increments as it determines to be in the 11,886
best interest of the children. In performing its duties under 11,887
this section, the court or agency is not required to accept any 11,888
calculations in a worksheet prepared by any party to the action 11,889
or proceeding. In any action or proceeding in which the court 11,890
determines the amount of child support that will be ordered to be 11,891
paid pursuant to a child support order or when a child support 11,892
enforcement agency determines the amount of child support that 11,893
will be paid pursuant to an administrative child support order 11,894
issued pursuant to sections 3111.20, 3111.21, and 3111.22 of the 11,895
Revised Code, the amount of child support that would be payable 11,896
under a child support order, as calculated pursuant to the basic 11,897
child support schedule in division (D) of this section and 11,898
pursuant to the applicable worksheet in division (E) of this 11,899
section, through line 24, or in division (F) of this section, 11,900
through line 23, is rebuttably presumed to be the correct amount 11,901
290
of child support due, and the court or agency shall order that 11,902
amount to be paid as child support unless both of the following 11,903
apply with respect to an order issued by a court: 11,904
(a) The court, after considering the factors and criteria 11,906
set forth in division (B)(3) of this section, determines that the 11,907
amount calculated pursuant to the basic child support schedule 11,908
and pursuant to the applicable worksheet in division (E) of this 11,909
section, through line 24, or in division (F) of this section, 11,910
through line 23, would be unjust or inappropriate and would not 11,911
be in the best interest of the child. 11,912
(b) The court enters in the journal the amount of child 11,914
support calculated pursuant to the basic child support schedule 11,915
and pursuant to the applicable worksheet in division (E) of this 11,916
section, through line 24, or in division (F) of this section, 11,917
through line 23, its determination that that amount would be 11,918
unjust or inappropriate and would not be in the best interest of 11,919
the child, and findings of fact supporting that determination. 11,920
(2) In determining the amount of child support to be paid 11,922
under any child support order, the court, upon its own 11,923
recommendation or upon the recommendation of the child support 11,924
enforcement agency, shall or the child support enforcement 11,925
agency, pursuant to sections 3111.20, 3111.21, and 3111.22 of the 11,927
Revised Code, shall do all of the following: 11,928
(a) If the combined gross income of both parents is less 11,930
than six thousand six hundred dollars per year, the court or 11,931
agency shall determine the amount of the obligor's child support 11,932
obligation on a case-by-case basis using the schedule as a 11,933
guideline. The court or agency shall review the obligor's gross 11,934
income and living expenses to determine the maximum amount of 11,935
child support that it reasonably can order without denying the 11,936
obligor the means for self-support at a minimum subsistence level 11,937
and shall order a specific amount of child support, unless the 11,938
obligor proves to the court or agency that the obligor is totally 11,939
unable to pay child support and the court or agency determines 11,940
291
that it would be unjust or inappropriate to order the payment of 11,941
child support and enters its determination and supporting 11,942
findings of fact in the journal. 11,943
(b) If the combined gross income of both parents is 11,945
greater than one hundred fifty thousand dollars per year, the 11,946
court or agency shall determine the amount of the obligor's child 11,947
support obligation on a case-by-case basis and shall consider the 11,948
needs and the standard of living of the children who are the 11,949
subject of the child support order and of the parents. When the 11,950
court or agency determines the amount of the obligor's child 11,951
support obligation for parents with a combined gross income 11,952
greater than one hundred fifty thousand dollars, the court or 11,953
agency shall compute a basic combined child support obligation 11,954
that is no less than the same percentage of the parents' combined 11,955
annual income that would have been computed under the basic child 11,956
support schedule and under the applicable worksheet in division 11,957
(E) of this section, through line 24, or in division (F) of this 11,958
section, through line 23, for a combined gross income of one 11,959
hundred fifty thousand dollars, unless the court or agency 11,960
determines that it would be unjust or inappropriate and would not 11,961
be in the best interest of the child, obligor, or obligee to 11,962
order that amount and enters in the journal the figure, 11,963
determination, and findings. 11,964
(c) The court shall not order an amount of child support 11,966
that deviates from the amount of child support that would 11,967
otherwise result from the use of the basic child support schedule 11,968
and the applicable worksheet in division (E) of this section, 11,969
through line 24, or in division (F) of this section, through line 11,970
23, unless both of the following apply: 11,971
(i) The court, after considering the factors and criteria 11,973
set forth in division (B)(3) of this section, determines that the 11,974
amount calculated pursuant to the basic child support schedule 11,975
and pursuant to the applicable worksheet in division (E) of this 11,976
section, through line 24, or in division (F) of this section, 11,977
292
through line 23, would be unjust or inappropriate and would not 11,978
be in the best interest of the child; 11,979
(ii) The court enters in the journal the amount of child 11,981
support calculated pursuant to the basic child support schedule 11,982
and pursuant to the applicable worksheet in division (E) of this 11,983
section, through line 24, or in division (F) of this section, 11,984
through line 23, its determination that that amount would be 11,985
unjust or inappropriate and would not be in the best interest of 11,986
the child, and findings of fact supporting that determination. 11,987
(3) The court, in accordance with divisions (B)(1) and 11,989
(2)(c) of this section, may deviate from the amount of support 11,990
that otherwise would result from the use of the schedule and the 11,991
applicable worksheet in division (E) of this section, through 11,992
line 24, or in division (F) of this section, through line 23, in 11,993
cases in which the application of the schedule and the applicable 11,994
worksheet in division (E) of this section, through line 24, or in 11,995
division (F) of this section, through line 23, would be unjust or 11,996
inappropriate and would not be in the best interest of the child. 11,997
In determining whether that amount would be unjust or 11,998
inappropriate and would not be in the best interest of the child, 11,999
the court may consider any of the following factors and criteria: 12,000
(a) Special and unusual needs of the children; 12,002
(b) Extraordinary obligations for minor children or 12,004
obligations for handicapped children who are not stepchildren and 12,005
who are not offspring from the marriage or relationship that is 12,006
the basis of the immediate child support determination; 12,007
(c) Other court-ordered payments; 12,009
(d) Extended times of visitation or extraordinary costs 12,011
associated with visitation, provided that this division does not 12,012
authorize and shall not be construed as authorizing any deviation 12,013
from the schedule and the applicable worksheet in division (E) of 12,014
this section, through line 24, or in division (F) of this 12,015
section, through line 23, or any escrowing, impoundment, or 12,016
withholding of child support because of a denial of or 12,017
293
interference with a right of companionship or visitation granted 12,018
by court order; 12,019
(e) The obligor obtains additional employment after a 12,021
child support order is issued in order to support a second 12,022
family; 12,023
(f) The financial resources and the earning ability of the 12,025
child; 12,026
(g) Disparity in income between parties or households; 12,028
(h) Benefits that either parent receives from remarriage 12,030
or sharing living expenses with another person; 12,031
(i) The amount of federal, state, and local taxes actually 12,033
paid or estimated to be paid by a parent or both of the parents; 12,034
(j) Significant in-kind contributions from a parent, 12,036
including, but not limited to, direct payment for lessons, sports 12,037
equipment, schooling, or clothing; 12,038
(k) The relative financial resources, other assets and 12,040
resources, and needs of each parent; 12,041
(l) The standard of living and circumstances of each 12,043
parent and the standard of living the child would have enjoyed 12,044
had the marriage continued or had the parents been married; 12,045
(m) The physical and emotional condition and needs of the 12,047
child; 12,048
(n) The need and capacity of the child for an education 12,050
and the educational opportunities that would have been available 12,051
to the child had the circumstances requiring a court order for 12,052
support not arisen; 12,053
(o) The responsibility of each parent for the support of 12,055
others; 12,056
(p) Any other relevant factor. 12,058
The court may accept an agreement of the parents that 12,060
assigns a monetary value to any of the factors and criteria 12,061
listed in division (B)(3) of this section that are applicable to 12,062
their situation. 12,063
(4) If an obligor or obligee under a child support order 12,065
294
requests the court to modify the amount of support required to be 12,066
paid pursuant to the child support order, the court shall 12,067
recalculate the amount of support that would be required to be 12,068
paid under the support order in accordance with the schedule and 12,069
pursuant to the applicable worksheet in division (E) of this 12,070
section, through line 24, or in division (F) of this section, 12,071
through line 23, and if that amount as recalculated is more than 12,072
ten per cent greater than or more than ten per cent less than the 12,073
amount of child support that is required to be paid pursuant to 12,074
the existing child support order, the deviation from the 12,075
recalculated amount that would be required to be paid under the 12,076
schedule and the applicable worksheet in division (E) of this 12,077
section, through line 24, or in division (F) of this section, 12,078
through line 23, shall be considered by the court as a change of 12,079
circumstance that is substantial enough to require a modification 12,080
of the amount of the child support order. In determining 12,081
pursuant to this division the recalculated amount of support that 12,082
would be required to be paid under the support order for purposes 12,083
of determining whether that recalculated amount is more than ten 12,084
per cent greater than or more than ten per cent less than the 12,085
amount of child support that is required to be paid pursuant to 12,086
the existing child support order, the court shall consider, in 12,087
addition to all other factors required by law to be considered, 12,088
the cost of health insurance which the obligor, the obligee, or 12,089
both the obligor and the obligee have been ordered to obtain for 12,090
the children specified in the order. Additionally, if an obligor 12,091
or obligee under a child support order requests the court to 12,092
modify the amount of support required to be paid pursuant to the 12,093
child support order and if the court determines that the amount 12,094
of support does not adequately meet the medical needs of the 12,095
child, the inadequate coverage shall be considered by the court 12,096
as a change of circumstance that is substantial enough to require 12,097
a modification of the amount of the child support order. If the 12,098
court determines that the amount of child support required to be 12,099
295
paid under the child support order should be changed due to a 12,100
substantial change of circumstances that was not contemplated at 12,101
the time of the issuance of the original child support order or 12,102
the last modification of the child support order, the court shall 12,103
modify the amount of child support required to be paid under the 12,104
child support order to comply with the schedule and the 12,105
applicable worksheet in division (E) of this section, through 12,106
line 24, or in division (F) of this section, through line 23, 12,107
unless the court determines that the amount calculated pursuant 12,108
to the basic child support schedule and pursuant to the 12,109
applicable worksheet in division (E) of this section, through 12,110
line 24, or in division (F) of this section, through line 23, 12,111
would be unjust or inappropriate and would not be in the best 12,112
interest of the child and enters in the journal the figure, 12,113
determination, and findings specified in division (B)(2)(c) of 12,114
this section. 12,115
(5) When a court computes the amount of child support 12,117
required to be paid under a child support order or a child 12,118
support enforcement agency computes the amount of child support 12,119
to be paid pursuant to an administrative child support order 12,120
issued pursuant to section 3111.20, 3111.21, or 3111.22 of the 12,121
Revised Code, all of the following apply: 12,123
(a) The parents shall verify current and past income and 12,125
personal earnings with suitable documents, including, but not 12,126
limited to, paystubs, employer statements, receipts and expense 12,127
vouchers related to self-generated income, tax returns, and all 12,128
supporting documentation and schedules for the tax returns. 12,129
(b) The amount of any pre-existing child support 12,131
obligation of a parent under a child support order and the amount 12,132
of any court-ordered spousal support paid to a former spouse 12,133
shall be deducted from the gross income of that parent to the 12,134
extent that payment under the child support order or that payment 12,135
of the court-ordered spousal support is verified by supporting 12,136
documentation. 12,137
296
(c) If other minor children who were born to the parent 12,140
and a person other than the other parent who is involved in the 12,142
immediate child support determination live with the parent, the 12,143
court or agency shall deduct an amount from that parent's gross 12,144
income that equals the number of such minor children times the 12,145
federal income tax exemption for such children less child support 12,146
received for them for the year, not exceeding the federal income 12,147
tax exemption. 12,148
(d) When the court or agency calculates the gross income 12,150
of a parent, it shall include the lesser of the following as 12,151
income from overtime and bonuses: 12,152
(i) The yearly average of all overtime and bonuses 12,154
received during the three years immediately prior to the time 12,155
when the person's child support obligation is being computed; 12,156
(ii) The total overtime and bonuses received during the 12,158
year immediately prior to the time when the person's child 12,159
support obligation is being computed. 12,160
(e) When the court or agency calculates the gross income 12,162
of a parent, it shall not include any income earned by the spouse 12,163
of that parent. 12,164
(f) The court shall not order an amount of child support 12,167
for reasonable and ordinary uninsured medical or dental expenses 12,168
in addition to the amount of the child support obligation 12,169
determined in accordance with the schedule. The court shall 12,170
issue a separate order for extraordinary medical or dental 12,171
expenses, including, but not limited to, orthodontia,
psychological, appropriate private education, and other expenses, 12,172
and may consider the expenses in adjusting a child support order. 12,173
(g) When a court or agency calculates the amount of child 12,175
support to be paid pursuant to a child support order or an 12,176
administrative child support order, if the combined gross income 12,177
of both parents is an amount that is between two amounts set 12,178
forth in the first column of the schedule, the court or agency 12,179
may use the basic child support obligation that corresponds to 12,180
297
the higher of the two amounts in the first column of the 12,181
schedule, use the basic child support obligation that corresponds 12,182
to the lower of the two amounts in the first column of the 12,183
schedule, or calculate a basic child support obligation that is 12,184
between those two amounts and corresponds proportionally to the 12,185
parents' actual combined gross income. 12,186
(h) When the court or agency calculates gross income, the 12,188
court or agency, when appropriate, may average income over a 12,189
reasonable period of years. 12,190
(6)(a) If the court issues a shared parenting order in 12,192
accordance with section 3109.04 of the Revised Code, the court 12,193
shall order an amount of child support to be paid under the child 12,194
support order that is calculated in accordance with the schedule 12,195
and with the worksheet set forth in division (E) of this section, 12,196
through line 24, except that, if the application of the schedule 12,197
and the worksheet, through line 24, would be unjust or 12,198
inappropriate to the children or either parent and would not be 12,199
in the best interest of the child because of the extraordinary 12,200
circumstances of the parents or because of any other factors or 12,201
criteria set forth in division (B)(3) of this section, the court 12,202
may deviate from the amount of child support that would be 12,203
ordered in accordance with the schedule and worksheet, through 12,204
line 24, shall consider those extraordinary circumstances and 12,205
other factors or criteria if it deviates from that amount, and 12,206
shall enter in the journal the amount of child support calculated 12,207
pursuant to the basic child support schedule and pursuant to the 12,208
applicable worksheet, through line 24, its determination that 12,209
that amount would be unjust or inappropriate and would not be in 12,210
the best interest of the child, and findings of fact supporting 12,211
that determination. 12,212
(b) For the purposes of this division, "extraordinary 12,214
circumstances of the parents" includes, but is not limited to, 12,215
all of the following: 12,216
(i) The amount of time that the children spend with each 12,218
298
parent; 12,219
(ii) The ability of each parent to maintain adequate 12,221
housing for the children; 12,222
(iii) Each parent's expenses, including, but not limited 12,224
to, child care expenses, school tuition, medical expenses, and 12,225
dental expenses. 12,226
(7)(a) In any action in which a child support order is 12,228
issued or modified under Chapter 3115. or section 2151.23, 12,229
2151.33, 2151.36, 2151.49, 3105.18, 3105.21, 3109.05, 3109.19, 12,230
3111.13, 3113.04, or 3113.31 of the Revised Code or in any other 12,232
proceeding in which the court determines the amount of child 12,233
support that will be ordered to be paid pursuant to a child 12,234
support order and except as otherwise provided in this division, 12,235
the court shall issue a minimum support order requiring the 12,236
obligor to pay a minimum amount of fifty dollars a month for 12,237
child support under the child support order. The court, in its 12,238
discretion and in appropriate circumstances, may issue a minimum 12,239
support order requiring the obligor to pay an amount of child 12,240
support that is less than fifty dollars a month or not requiring 12,241
the obligor to pay an amount for support. The appropriate 12,242
circumstances for which a court may issue a minimum support order 12,243
requiring an obligor to pay an amount of child support that is 12,244
less than fifty dollars a month or not requiring the obligor to 12,245
pay an amount for support include, but are not limited to, the 12,246
nonresidential parent's medically verified or documented physical 12,247
or mental disability or institutionalization in a facility for 12,248
persons with a mental illness. If the court issues a minimum 12,249
support order pursuant to this division and the obligor under the 12,250
support order is the recipient of need-based public assistance, 12,251
any unpaid amounts of support due under the support order shall 12,252
accrue as arrearages from month to month, the obligor's current 12,253
obligation to pay the support due under the support order is 12,254
suspended during any period of time that the obligor is receiving 12,255
need-based public assistance and is complying with any seek work 12,256
299
orders issued pursuant to division (D)(7) of section 3113.21 of 12,257
the Revised Code, and the court, obligee, and child support 12,258
enforcement agency shall not enforce the obligation of the 12,259
obligor to pay the amount of support due under the support order 12,260
during any period of time that the obligor is receiving 12,261
need-based public assistance and is complying with any seek work 12,262
orders issued pursuant to division (D)(7) of section 3113.21 of 12,263
the Revised Code. 12,264
(b) Notwithstanding division (B)(7)(a) of this section, if 12,266
the amount of support payments that federal law requires or 12,267
permits to be disregarded in determining eligibility for aid 12,268
under Chapter 5107. of the Revised Code exceeds fifty dollars, 12,269
instead of fifty dollars the amount of a minimum support order 12,270
described in division (B)(7)(a) of this section shall be the 12,271
amount federal law requires or permits to be disregarded. 12,272
(C) Except when the parents have split parental rights and 12,274
responsibilities, a parent's child support obligation for a child 12,275
for whom the parent is the residential parent and legal custodian 12,276
shall be presumed to be spent on that child and shall not become 12,277
part of a child support order, and a parent's child support 12,278
obligation for a child for whom the parent is not the residential 12,279
parent and legal custodian shall become part of a child support 12,280
order. If the parents have split parental rights and 12,281
responsibilities, the child support obligations of the parents 12,282
shall be offset, and the court shall issue a child support order 12,283
requiring the parent with the larger child support obligation to 12,284
pay the net amount pursuant to the child support order. If 12,285
neither parent of a child who is the subject of a child support 12,286
order is the residential parent and legal custodian of the child 12,287
and the child resides with a third party who is the legal 12,288
custodian of the child, the court shall issue a child support 12,289
order requiring each parent to pay that parent's child support 12,291
obligation pursuant to the child support order. 12,292
Whenever a court issues a child support order, it shall 12,294
300
include in the order specific provisions for regular, holiday, 12,295
vacation, and special visitation in accordance with section 12,296
3109.05, 3109.11, or 3109.12 of the Revised Code or in accordance 12,297
with any other applicable section of the Revised Code. The court 12,298
shall not authorize or permit the escrowing, impoundment, or 12,299
withholding of any child support payment because of a denial of 12,300
or interference with a right of visitation included as a specific 12,301
provision of the child support order or as a method of enforcing 12,302
the specific provisions of the child support order dealing with 12,303
visitation. 12,304
(D)(1) Except as provided in divisions (D)(2) and (3) of 12,306
this section, the THE following basic child support schedule 12,307
shall be used by all courts and child support enforcement 12,309
agencies when calculating the amount of child support that will 12,310
be paid pursuant to a child support order or an administrative 12,311
child support order, unless the combined gross income of the 12,312
parents is less than sixty-six hundred dollars or more than one 12,313
hundred fifty thousand dollars: 12,314
Basic Child Support Schedule 12,315
Combined 12,317
Gross Number of Children 12,319
INCOME One Two Three Four Five Six 12,322
6600 600 600 600 600 600 600 12,323
7200 600 600 600 600 600 600 12,324
7800 600 600 600 600 600 600 12,325
8400 600 600 600 600 600 600 12,326
9000 849 859 868 878 887 896 12,327
9600 1259 1273 1287 1301 1315 1329 12,328
10200 1669 1687 1706 1724 1743 1761 12,329
10800 2076 2099 2122 2145 2168 2192 12,330
11400 2331 2505 2533 2560 2588 2616 12,331
12000 2439 2911 2943 2975 3007 3039 12,332
12600 2546 3318 3354 3390 3427 3463 12,333
13200 2654 3724 3765 3806 3846 3887 12,334
301
13800 2761 4029 4175 4221 4266 4311 12,335
14400 2869 4186 4586 4636 4685 4735 12,336
15000 2976 4342 4996 5051 5105 5159 12,337
15600 3079 4491 5321 5466 5524 5583 12,338
16200 3179 4635 5490 5877 5940 6003 12,339
16800 3278 4780 5660 6254 6355 6423 12,340
17400 3378 4924 5830 6442 6771 6843 12,341
18000 3478 5069 5999 6629 7186 7262 12,342
18600 3578 5213 6169 6816 7389 7682 12,343
19200 3678 5358 6339 7004 7592 8102 12,344
19800 3778 5502 6508 7191 7796 8341 12,345
20400 3878 5647 6678 7378 7999 8558 12,346
21000 3977 5790 6847 7565 8201 8774 12,347
21600 4076 5933 7015 7750 8402 8989 12,348
22200 4176 6075 7182 7936 8602 9204 12,349
22800 4275 6216 7345 8116 8798 9413 12,350
23400 4373 6357 7509 8297 8994 9623 12,351
24000 4471 6498 7672 8478 9190 9832 12,352
24600 4570 6639 7836 8658 9386 10042 12,353
25200 4668 6780 8000 8839 9582 10251 12,354
25800 4767 6920 8163 9020 9778 10461 12,355
26400 4865 7061 8327 9200 9974 10670 12,356
27000 4963 7202 8490 9381 10170 10880 12,357
27600 5054 7332 8642 9548 10351 11074 12,358
28200 5135 7448 8776 9697 10512 11246 12,359
28800 5216 7564 8911 9845 10673 11418 12,360
29400 5297 7678 9045 9995 10833 11592 12,361
30000 5377 7792 9179 10143 10994 11764 12,362
30600 5456 7907 9313 10291 11154 11936 12,363
31200 5535 8022 9447 10439 11315 12107 12,364
31800 5615 8136 9581 10587 11476 12279 12,365
32400 5694 8251 9715 10736 11636 12451 12,366
33000 5774 8366 9849 10884 11797 12623 12,367
33600 5853 8480 9983 11032 11957 12794 12,368
302
34200 5933 8595 10117 11180 12118 12966 12,369
34800 6012 8709 10251 11328 12279 13138 12,370
35400 6091 8824 10385 11476 12439 13310 12,371
36000 6171 8939 10519 11624 12600 13482 12,372
36600 6250 9053 10653 11772 12761 13653 12,373
37200 6330 9168 10787 11920 12921 13825 12,374
37800 6406 9275 10913 12058 13071 13988 12,375
38400 6447 9335 10984 12137 13156 14079 12,376
39000 6489 9395 11055 12215 13242 14170 12,377
39600 6530 9455 11126 12294 13328 14261 12,378
40200 6571 9515 11197 12373 13413 14353 12,379
40800 6613 9575 11268 12451 13499 14444 12,380
41400 6653 9634 11338 12529 13583 14534 12,381
42000 6694 9693 11409 12607 13667 14624 12,382
42600 6735 9752 11479 12684 13752 14714 12,383
43200 6776 9811 11549 12762 13836 14804 12,384
43800 6817 9871 11619 12840 13921 14894 12,385
44400 6857 9930 11690 12917 14005 14985 12,386
45000 6898 9989 11760 12995 14090 15075 12,387
45600 6939 10049 11830 13073 14174 15165 12,388
46200 6978 10103 11897 13146 14251 15250 12,389
46800 7013 10150 11949 13203 14313 15316 12,390
47400 7048 10197 12000 13260 14375 15382 12,391
48000 7083 10245 12052 13317 14437 15448 12,392
48600 7117 10292 12103 13374 14498 15514 12,393
49200 7152 10339 12155 13432 14560 15580 12,394
49800 7187 10386 12206 13489 14622 15646 12,395
50400 7222 10433 12258 13546 14684 15712 12,396
51000 7257 10481 12309 13603 14745 15778 12,397
51600 7291 10528 12360 13660 14807 15844 12,398
52200 7326 10575 12412 13717 14869 15910 12,399
52800 7361 10622 12463 13774 14931 15976 12,400
53400 7396 10669 12515 13832 14992 16042 12,401
54000 7431 10717 12566 13889 15054 16108 12,402
303
54600 7468 10765 12622 13946 15120 16178 12,403
55200 7524 10845 12716 14050 15232 16298 12,404
55800 7582 10929 12814 14159 15350 16425 12,405
56400 7643 11016 12918 14273 15474 16558 12,406
57000 7704 11104 13021 14388 15598 16691 12,407
57600 7765 11192 13125 14502 15722 16824 12,408
58200 7825 11277 13225 14613 15842 16953 12,409
58800 7883 11361 13324 14723 15961 17079 12,410
59400 7941 11445 13423 14832 16079 17206 12,411
60000 8000 11529 13522 14941 16197 17333 12,412
60600 8058 11612 13620 15050 16315 17460 12,413
61200 8116 11696 13719 15160 16433 17587 12,414
61800 8175 11780 13818 15269 16552 17714 12,415
62400 8233 11864 13917 15378 16670 17840 12,416
63000 8288 11945 14011 15481 16783 17958 12,417
63600 8344 12024 14102 15582 16893 18075 12,418
64200 8399 12103 14194 15683 17002 18193 12,419
64800 8454 12183 14285 15784 17111 18310 12,420
65400 8510 12262 14376 15885 17220 18427 12,421
66000 8565 12341 14468 15986 17330 18544 12,422
66600 8620 12421 14559 16087 17439 18661 12,423
67200 8676 12500 14650 16188 17548 18778 12,424
67800 8731 12579 14741 16289 17657 18895 12,425
68400 8786 12659 14833 16390 17767 19012 12,426
69000 8842 12738 14924 16491 17876 19129 12,427
69600 8897 12817 15015 16592 17985 19246 12,428
70200 8953 12897 15107 16693 18094 19363 12,429
70800 9008 12974 15196 16791 18201 19476 12,430
71400 9060 13047 15281 16885 18302 19585 12,431
72000 9111 13120 15366 16979 18404 19694 12,432
72600 9163 13194 15451 17073 18506 19803 12,433
73200 9214 13267 15536 17167 18608 19912 12,434
73800 9266 13340 15621 17261 18709 20021 12,435
74400 9318 13413 15706 17355 18811 20130 12,436
304
75000 9369 13487 15791 17449 18913 20239 12,437
75600 9421 13560 15876 17543 19015 20347 12,438
76200 9473 13633 15961 17636 19116 20456 12,439
76800 9524 13707 16046 17730 19218 20565 12,440
77400 9576 13780 16131 17824 19320 20674 12,441
78000 9627 13853 16216 17918 19422 20783 12,442
78600 9679 13927 16300 18012 19523 20892 12,443
79200 9731 14000 16385 18106 19625 21001 12,444
79800 9782 14073 16470 18200 19727 21109 12,445
80400 9834 14147 16555 18294 19829 21218 12,446
81000 9885 14220 16640 18387 19930 21326 12,447
81600 9936 14292 16723 18480 20030 21434 12,448
82200 9987 14364 16807 18573 20131 21541 12,449
82800 10038 14439 16891 18665 20235 21651 12,450
83400 10090 14514 16979 18762 20340 21763 12,451
84000 10142 14589 17066 18859 20444 21875 12,452
84600 10194 14663 17154 18956 20549 21987 12,453
85200 10246 14738 17241 19052 20653 22099 12,454
85800 10298 14813 17329 19149 20758 22211 12,455
86400 10350 14887 17417 19246 20863 22323 12,456
87000 10403 14962 17504 19343 20967 22435 12,457
87600 10455 15037 17592 19440 21072 22547 12,458
88200 10507 15111 17679 19537 21176 22659 12,459
88800 10559 15186 17767 19633 21281 22771 12,460
89400 10611 15261 17855 19730 21386 22883 12,461
90000 10663 15335 17942 19827 21490 22995 12,462
90600 10715 15410 18030 19924 21595 23107 12,463
91200 10767 15485 18118 20021 21700 23219 12,464
91800 10819 15559 18205 20118 21804 23331 12,465
92400 10872 15634 18293 20215 21909 23443 12,466
93000 10924 15709 18380 20311 22013 23555 12,467
93600 10976 15783 18468 20408 22118 23667 12,468
94200 11028 15858 18556 20505 22223 23779 12,469
94800 11080 15933 18643 20602 22327 23891 12,470
305
95400 11132 16007 18731 20699 22432 24003 12,471
96000 11184 16082 18818 20796 22536 24115 12,472
96600 11236 16157 18906 20892 22641 24227 12,473
97200 11289 16231 18994 20989 22746 24339 12,474
97800 11341 16306 19081 21086 22850 24451 12,475
98400 11393 16381 19169 21183 22955 24563 12,476
99000 11446 16450 19255 21279 23062 24676 12,477
99600 11491 16516 19334 21366 23156 24777 12,478
100200 11536 16583 19413 21453 23250 24878 12,479
100800 11581 16649 19491 21539 23345 24978 12,480
101400 11625 16714 19569 21625 23437 25077 12,481
102000 11670 16779 19646 21710 23530 25177 12,482
102600 11714 16844 19724 21796 23623 25276 12,483
103200 11759 16909 19801 21881 23715 25375 12,484
103800 11803 16974 19879 21967 23808 25475 12,485
104400 11847 17039 19956 22052 23901 25574 12,486
105000 11892 17104 20034 22138 23994 25673 12,487
105600 11934 17167 20108 22220 24083 25769 12,488
106200 11979 17232 20186 22305 24176 25868 12,489
106800 12023 17297 20263 22391 24269 25968 12,490
107400 12068 17362 20341 22476 24361 26067 12,491
108000 12110 17425 20415 22559 24451 26162 12,492
108600 12155 17490 20493 22644 24543 26262 12,493
109200 12199 17555 20570 22730 24636 26361 12,494
109800 12243 17620 20648 22815 24729 26460 12,495
110400 12286 17683 20722 22897 24818 26556 12,496
111000 12331 17748 20800 22983 24911 26655 12,497
111600 12375 17813 20877 23068 25004 26755 12,498
112200 12419 17878 20955 23154 25096 26854 12,499
112800 12462 17941 21029 23236 25186 26949 12,500
113400 12506 18006 21107 23322 25278 27049 12,501
114000 12551 18071 21184 23407 25371 27148 12,502
114600 12595 18136 21262 23493 25464 27247 12,503
115200 12640 18202 21339 23578 25557 27347 12,504
306
115800 12682 18264 21414 23660 25646 27442 12,505
116400 12727 18329 21491 23746 25739 27542 12,506
117000 12771 18394 21569 23831 25832 27641 12,507
117600 12815 18460 21646 23917 25924 27740 12,508
118200 12858 18522 21721 23999 26013 27836 12,509
118800 12902 18587 21798 24084 26106 27935 12,510
119400 12947 18652 21876 24170 26199 28034 12,511
120000 12991 18718 21953 24256 26292 28134 12,512
120600 13034 18780 22028 24338 26381 28229 12,513
121200 13078 18845 22105 24423 26474 28329 12,514
121800 13123 18910 22183 24509 26567 28428 12,515
122400 13167 18976 22260 24594 26659 28527 12,516
123000 13210 19038 22335 24676 26749 28623 12,517
123600 13254 19103 22412 24762 26841 28722 12,518
124200 13299 19168 22490 24847 26934 28821 12,519
124800 13343 19234 22567 24933 27027 28921 12,520
125400 13386 19296 22642 25015 27116 29016 12,521
126000 13430 19361 22719 25101 27209 29115 12,522
126600 13474 19426 22797 25186 27302 29215 12,523
127200 13519 19492 22874 25272 27395 29314 12,524
127800 13561 19554 22949 25354 27484 29410 12,525
128400 13606 19619 23026 25439 27576 29509 12,526
129000 13650 19684 23104 25525 27669 29608 12,527
129600 13695 19750 23181 25610 27762 29708 12,528
130200 13739 19815 23259 25696 27855 29807 12,529
130800 13783 19879 23335 25780 27946 29905 12,530
131400 13828 19945 23414 25868 28041 30007 12,531
132000 13874 20012 23494 25955 28136 30108 12,532
132600 13919 20079 23573 26043 28231 30210 12,533
133200 13963 20143 23649 26127 28323 30308 12,534
133800 14008 20210 23729 26215 28418 30410 12,535
134400 14054 20276 23808 26302 28513 30511 12,536
135000 14099 20343 23887 26390 28608 30613 12,537
135600 14143 20407 23964 26474 28699 30711 12,538
307
136200 14188 20474 24043 26561 28794 30813 12,539
136800 14234 20541 24123 26649 28889 30914 12,540
137400 14279 20607 24202 26737 28984 31016 12,541
138000 14323 20671 24278 26821 29075 31114 12,542
138600 14368 20738 24358 26908 29170 31215 12,543
139200 14414 20805 24437 26996 29265 31317 12,544
139800 14459 20872 24516 27083 29361 31419 12,545
140400 14503 20936 24593 27168 29452 31517 12,546
141000 14549 21002 24672 27255 29547 31618 12,547
141600 14594 21069 24751 27343 29642 31720 12,548
142200 14639 21136 24831 27430 29737 31822 12,549
142800 14683 21200 24907 27515 29828 31920 12,550
143400 14729 21267 24986 27602 29923 32021 12,551
144000 14774 21333 25066 27690 30018 32123 12,552
144600 14820 21400 25145 27777 30113 32225 12,553
145200 14865 21467 25225 27865 30208 32327 12,554
145800 14909 21531 25301 27949 30300 32424 12,555
146400 14963 21596 25377 28041 30396 32526 12,556
147000 15006 21659 25452 28124 30486 32622 12,557
147600 15049 21722 25527 28207 30576 32718 12,558
148200 15090 21782 25599 28286 30662 32810 12,559
148800 15133 21845 25674 28369 30752 32907 12,560
149400 15176 21908 25749 28452 30842 33003 12,561
150000 15218 21971 25823 28534 30931 33099 12,562
(2) Until July 1, 1994, or a later date specified pursuant 12,565
to division (D)(3) of this section, the following basic child 12,566
support schedule shall be used by all courts and child support 12,567
enforcement agencies to calculate the amount of child support 12,568
that will be paid pursuant to a child support order or an 12,569
administrative child support order when combined gross income is 12,570
at least six thousand dollars but not more than twenty-one 12,571
thousand six hundred dollars: Basic Child Support Schedule 12,573
Gross Number of Children 12,575
308
Income One Two Three Four Five Six 12,578
6000 240 372 468 528 576 612 12,579
7200 1068 1308 1428 1608 1656 1692 12,580
8400 1884 2244 2388 2688 2736 2784 12,581
9600 2052 3180 3348 3768 3816 3876 12,582
10800 2208 3432 4308 4848 4896 4968 12,583
12000 2439 3684 4620 5208 5676 6060 12,584
13200 2654 3924 4920 5556 6048 6456 12,585
14400 2869 4186 5208 5880 6408 6840 12,586
15600 3079 4491 5508 6204 6756 7224 12,587
16800 3278 4780 5796 6528 7116 7608 12,588
18000 3478 5069 6072 6840 7464 7980 12,589
19200 3678 5358 6339 7140 7788 8352 12,590
20400 3878 5647 6678 7440 8112 8688 12,591
21600 4078 5935 7018 7755 8448 9036 12,592
(3) The office of budget and management and the department 12,595
of human services shall conduct a study of the impact on the 12,596
general revenue fund of implementing the basic child support 12,597
schedule in division (D)(1) of this section for combined gross 12,598
incomes of at least six thousand dollars but not more than 12,599
twenty-one thousand six hundred dollars. If, prior to July 1, 12,600
1994, the department and the office conclude from the study that 12,601
implementing the basic child support schedule in division (D)(1) 12,602
of this section for those incomes will have a negative impact on 12,603
the general revenue fund, the department shall inform the 12,604
controlling board of the impact and recommend to the board 12,605
continued use of the schedule in division (D)(2) until a date 12,606
which the department shall specify. On receipt of the 12,607
department's recommendation, the board shall specify a date for 12,608
discontinuance of the schedule in division (D)(2), which may be 12,609
the date recommended by the department or any other date 12,610
considered appropriate by the board. On the date specified by 12,611
the board, the schedule in division (D)(2) shall cease to be used 12,612
and child support shall be calculated pursuant to the schedule in 12,613
309
division (D)(1) of this section. 12,614
(E) When a court or child support enforcement agency 12,616
calculates the amount of child support that will be required to 12,617
be paid pursuant to a child support order or an administrative 12,618
child support order in a proceeding in which one parent is the 12,619
residential parent and legal custodian of all of the children who 12,620
are the subject of the child support order or the court issues a 12,621
shared parenting order, the court or child support enforcement 12,622
agency shall use a worksheet that is identical in content and 12,623
form to the following worksheet: 12,624
"Worksheet 12,625
............... County Domestic Relations Court (or) 12,626
............... County Child Support Enforcement Agency 12,627
Child Support Computation 12,628
Sole Residential Parent or 12,629
Shared Parenting Order 12,630
Name of parties ................................................. 12,632
Case No. .......... 12,634
Number of minor children ...... The following parent was 12,636
designated as the residential parent and legal custodian 12,637
(disregard if shared parenting order): 12,638
............. mother; ............ father. 12,640
Father has ..... pay periods annually; mother has ..... pay 12,642
periods annually. 12,643
Column I Column II Column III 12,645
Father Mother Combined
1a. Annual gross income from 12,648
employment or, when
determined appropriate by 12,649
the court or agency,
average annual gross income
from employment over a
reasonable period of years 12,650
(exclude overtime and
310
bonuses)................... $...... $...... 12,652
b. Amount of overtime and 12,653
bonuses Father Mother 12,654
Yr. 3 12,655
(Three years ago) $...... $...... 12,657
Yr. 2 12,658
(Two years ago) $...... $...... 12,660
Yr. 1 12,661
(Last calendar year) $...... $...... 12,663
Average: $...... $...... 12,665
(Include in Column I and/or 12,666
Column II the average of
the three years or the year 12,667
1 amount, whichever is
less, if there exists a
reasonable expectation that 12,668
the total earnings from
overtime and/or bonuses
during the current calendar 12,669
year will meet or exceed
the amount that is the
lower of the average of the 12,670
three years or the year 1
amount. If, however, there
exists a reasonable 12,671
expectation that the total
earnings from
overtime/bonuses during the 12,672
current calendar year will
be less than the lower of
the average of the three 12,673
years or the year 1 amount,
include only the amount
reasonably expected to be 12,674
311
earned this year.)......... $...... $...... 12,675
2. Annual income from interest 12,676
and dividends (whether or
not taxable)............... $...... $...... 12,678
3. Annual income from 12,679
unemployment compensation.. $...... $...... 12,680
4. Annual income from workers' 12,681
compensation or disability
insurance benefits......... $...... $...... 12,683
5. Other annual income 12,684
(identify)................. $...... $...... 12,685
6. Total annual gross income 12,686
(add lines 1-5)............ $...... $...... 12,687
7. Annual court-ordered support 12,688
paid for other children.... $...... $...... 12,689
8. Adjustment for minor 12,690
children born to either
parent and another parent, 12,691
which children are living
with this parent (number of
children times federal 12,692
income tax exemption less
child support received for
the year, not to exceed the 12,693
federal tax exemption)..... $...... $...... 12,694
9. Annual court-ordered spousal 12,695
support paid to a former
spouse..................... $...... $...... 12,697
10. Amount of local income taxes 12,698
actually paid or estimated
to be paid................. $...... $...... 12,700
11. For self-employed 12,701
individuals, deduct 5.6% of
adjusted gross income or 12,702
312
the actual marginal
difference between the
actual rate paid by the
self-employed individual 12,703
and the F.I.C.A. rate...... $...... $...... 12,704
12. For self-employed 12,705
individuals, deduct
ordinary and necessary
business expenses.......... $...... $...... 12,707
13. Total gross income 12,708
adjustments (add lines
7-12)...................... $...... $...... 12,709
14. Adjusted annual gross income 12,710
(subtract line 13 from line
6)......................... $...... $...... 12,712
15. Combined annual income that 12,713
is basis for child support
order (add line 14, Col. I 12,714
and Col. II)......................... $......
16. Percentage parent's income 12,715
to total income
a. Father (divide line 14, Col. 12,716
I by line 15, Col. III) .........% 12,717
b. Mother (divide line 14, Col. 12,718
II by line 15, Col. III) .......... + .......% = 100% 12,719
17. Basic combined child support 12,720
obligation (Refer to basic
child support schedule in 12,721
division (D) of section
3113.215 of the Revised
Code; in the first column 12,722
of the schedule, locate the
sum that is nearest to the
combined annual income 12,723
313
listed in line 15, Col. III
of this worksheet, then
refer to the column of the 12,724
schedule that corresponds
to the number of children
in this family. If the 12,725
income of the parents is
more than one sum, and less
than another sum, in the 12,726
first column of the
schedule, you may calculate
the basic combined child 12,727
support obligation based
upon the obligation for
those two sums.)........... $...... 12,729
18. Annual child care expenses 12,730
for the children who are
the subject of this order 12,731
that are work, employment
training, or education 12,732
related, as approved by the
court or agency (deduct the
tax credit from annual 12,733
cost, whether or not
claimed)................... $...... $...... 12,734
19. Marginal, out-of-pocket 12,735
costs, necessary to provide
for health insurance for 12,736
the children who are the
subject of this order...... $...... $...... 12,737
20. Total child care and medical 12,738
expenses (add lines 18 and
19, Column I and Column II). $...... $...... 12,740
21. Combined annual child 12,741
314
support obligation for this
family (add lines 17 and 12,742
20, Column I and Column II). ....... $...... 12,743
22. Annual support 12,744
obligation/parent
a. Father (multiply line 21, 12,745
Col. III, by line 16a)..... $...... 12,746
b. Mother (multiply line 21, 12,747
Col. III, by line 16b)..... $...... 12,748
23. Adjustment for actual 12,749
expenses paid for annual
child care expenses and 12,750
marginal, out-of-pocket
costs, necessary to provide
for health insurance (enter 12,751
number from line 18 or 19
if applicable)............. $...... $...... 12,752
24. Actual annual obligation 12,753
(subtract line 23 from line
22a or 22b)................ $...... $...... 12,755
25. GROSS HOUSEHOLD INCOME PER 12,758
PARTY AFTER EXCHANGE OF
CHILD SUPPORT (ADD LINES 14 12,760
AND 24 COLUMN I OR II FOR
RESIDENTIAL PARENT OR, IN 12,761
THE CASE OF SHARED 12,762
PARENTING ORDER, THE PARENT
TO WHOM CHILD SUPPORT WILL
BE PAID; SUBTRACT LINE 24 12,763
COLUMN I OR II FROM LINE 14
FOR PARENT WHO IS NOT THE 12,764
RESIDENTIAL PARENT OR, IN 12,765
THE CASE OF SHARED
PARENTING ORDER, THE PARENT
315
WHO WILL PAY CHILD SUPPORT). $...... $...... 12,767
26. Comments, rebuttal, or 12,768
adjustments to correct
figures in lines 24, Column 12,769
I and 24, Column II if they
would be unjust or
inappropriate and would not 12,770
be in best interest of the
child or children (specific
facts to support
adjustments must be 12,771
included).................. $...... $...... 12,772
................................................................. 12,774
................................................................. 12,775
................................................................. 12,776
(Addendum sheet may be attached) 12,777
27. Final figure (this amount 12,779
reflects final annual child
support obligation)........ $...... father/mother 12,781
obligor
28. For decree: child support 12,784
per child per week or per
month (divide obligor's 12,785
annual share, line 27, by
12 or 52 and by number of
children).................. $...... 12,787
29. For deduction order: child 12,788
support per pay period
(calculate support per pay 12,789
period from figure on line
28) plus appropriate
poundage................... $...... 12,791
Calculations have been reviewed. 12,794
Signatures .............................. 12,796
316
Father 12,797
I do/do not consent. 12,798
Sworn to before me and suscribed SUBSCRIBED in my presence, 12,800
this ..... day of .........., 19... 12,801
.............................. 12,803
Notary Public 12,804
.............................. 12,805
Mother 12,806
I do/do not consent. 12,807
Sworn to before me and suscribed SUBSCRIBED in my presence, 12,810
this ..... day of .........., 19... 12,811
.............................. 12,812
Notary Public 12,813
.............................. .............................. 12,814
Attorney for father Attorney for mother" 12,816
(F) When a court or child support enforcement agency 12,819
calculates the amount of child support that will be required to 12,820
be paid pursuant to a child support order in a proceeding in 12,821
which both parents have split parental rights and 12,822
responsibilities with respect to the children who are the subject 12,823
of the child support order, the court or child support 12,824
enforcement agency shall use a worksheet that is identical in 12,825
content and form to the following worksheet: 12,826
"Worksheet 12,827
............... County Domestic Relations Court (or) 12,828
............... County Child Support Enforcement Agency 12,829
Child Support Computation 12,830
Split Parental Rights and Responsibilities 12,831
Name of parties ............................. 12,833
Case No. .......... 12,835
Number of minor children ...... The following parent was 12,837
designated residential parent and legal custodian: 12,838
............ mother; ............ father. 12,840
Father has ..... pay periods annually; mother has ..... pay 12,842
317
periods annually.
Column I Column II Column III 12,844
Father Mother Combined
1a. Annual gross income from 12,847
employment or, when
determined to be
appropriate by the court or 12,848
agency, average annual
gross income from
employment over a 12,849
reasonable period of years
(exclude overtime and
bonuses)................... $...... $...... 12,851
b. Amount of overtime and 12,852
bonuses Father Mother 12,853
Yr. 3 12,854
(Three years ago) $...... $...... 12,855
Yr. 2 12,856
(Two years ago) $...... $...... 12,857
Yr. 1 12,858
(Last calendar year) $...... $...... 12,859
Average: $...... $...... 12,860
(Include in Column I and/or 12,861
Column II the average of
the three years or the year 12,862
1 amount, whichever is
less, if there exists a
reasonable expectation that 12,863
the total earnings from
overtime and/or bonuses 12,864
during the current calendar
year will meet or exceed
the amount that is the 12,865
lower of the average of the
318
three years or the year 1
amount. If, however, there 12,866
exists a reasonable 12,867
expectation that the total
earnings from
overtime/bonuses during the 12,868
current calendar year will
be less than the lower of
the average of the three 12,869
years or the year 1 amount,
include only the amount
reasonably expected to be 12,871
earned this year.)......... $...... $....... 12,872
2. Annual income from interest 12,873
and dividends (whether or
not taxable)............... $...... $...... 12,875
3. Annual income from 12,876
unemployment compensation.. $...... $...... 12,877
4. Annual income from workers' 12,878
compensation or disability
insurance benefits......... $...... $...... 12,880
5. Other annual income 12,881
(identify)................. $...... $...... 12,882
6. Total annual gross income 12,883
(add lines 1-5)............ $...... $...... 12,884
7. Annual court-ordered support 12,885
paid for other children.... $...... $...... 12,886
8. Adjustment for minor 12,887
children born to either
parent and another parent, 12,888
which children are living
with this parent (number of
children times federal 12,889
income tax exemption less
319
child support received for
the year, not to exceed the 12,890
federal tax exemption)..... $...... $...... 12,891
9. Annual court-ordered spousal 12,892
support paid to a former
spouse..................... $...... $...... 12,894
10. Amount of local income taxes 12,895
actually paid or estimated
to be paid................. $...... $...... 12,897
11. For self-employed 12,898
individuals, deduct 5.6% of
adjusted gross income or 12,899
the actual marginal
difference between the
actual rate paid by the
self-employed individual 12,900
and the F.I.C.A. rate...... $...... $...... 12,901
12. For self-employed 12,902
individuals, deduct
ordinary and necessary
business expenses.......... $...... $...... 12,904
13. Total gross income 12,905
adjustments (add lines
7-12)...................... $...... $...... 12,906
14. Adjusted annual gross income 12,907
(subtract line 13 from line
6)......................... $...... $...... 12,909
15. Combined annual income that 12,910
is basis for child support
order (add line 14, Col. I 12,911
and Col. II)............... $..... 12,912
16. Percentage parent's income 12,913
to total income
a. Father (divide line 14, Col. 12,914
320
I by line 15, Col. III) .........% 12,915
b. Mother (divide line 14, Col. 12,916
II by line 15, Col. III)... + .......% = 100% 12,917
17. Basic combined child support 12,918
obligation/household
a. For children for whom the 12,919
father is the residential
parent and legal custodian 12,920
(Refer to basic child
support schedule in
division (D) of section 12,921
3113.215 of the Revised
Code; in the first column
of the schedule, locate the 12,922
sum that is nearest to the
combined annual income
listed in line 15, Col. III 12,923
of this worksheet, then
refer to the column of the
schedule that corresponds 12,924
to the number of children
for whom the father is the
residential parent and 12,925
legal custodian. If the
income of the parents is
more than one sum, and less 12,926
than another sum, in the
first column of the
schedule, you may calculate 12,927
the basic combined child
support obligation based
upon the obligation for 12,928
those two sums.)........... $...... 12,929
b. For children for whom the 12,930
321
mother is the RESIDENTIAL
parent and the legal 12,931
custodian. (Refer to basic
child support schedule in
division (D) of section 12,932
3313.215 3113.215 of the
Revised Code; in the first 12,933
column of the schedule,
locate the sum that is
nearest to the combined
annual income listed in 12,934
line 15, Col. III of this
worksheet, then refer to
the column of the schedule 12,935
that corresponds to the
number of children for whom
the mother is the 12,936
residential parent and the 12,937
legal custodian. If the
income of the parents is
more than one sum, and less 12,938
than another sum, in the
first column of the
schedule, you may calculate 12,939
the basic combined child
support obligation based
upon the obligation for 12,940
those two sums.)........... $...... 12,941
18. Annual child care expenses 12,942
for the children who are
the subject of this order 12,943
that are work, employment
training, or education 12,944
related, as approved by the
322
court or agency (deduct the
as approved by the court or 12,945
agency (deduct the tax
credit from annual cost, 12,946
whether or not claimed)
a. Expenses paid by the father. $...... 12,948
b. Expenses paid by the mother. $...... 12,950
19. Marginal, out-of-pocket 12,951
costs, necessary to provide
for health insurance for 12,952
the children who are the
subject of this order
a. Costs paid by the father.... $...... 12,954
b. Costs paid by the mother.... $...... 12,956
20. Total annual child care and 12,957
medical expenses
a. Of father (add lines 18a and 12,958
19a)....................... $...... 12,959
b. Of mother (add lines 18b and 12,960
19b)....................... $...... 12,961
21. Total annual child support 12,962
obligation
a. Of father for child(ren) for 12,963
whom the mother is the
residential parent and 12,964
legal custodian (add lines
20a and 17b and multiply by
line 16a).................. $...... 12,966
b. Of mother for child(ren) for 12,967
whom the father is the
residential parent and 12,968
legal custodian (add lines
20b and 17b 17a and
multiply by line 16b)...... $...... 12,970
323
22. Adjustment for actual 12,971
expenses paid for annual
child care expenses, and 12,972
marginal, out-of-pocket
costs, necessary to provide
for health insurance
a. For father (enter number 12,973
from line 20a)............. $...... 12,974
b. For mother (enter number 12,975
from line 20b)............. $...... 12,976
23. Actual annual obligation 12,977
(subtract line 22a from
line 21a and insert in 12,978
Column I; subtract line 22b
from line 21b and insert in
Column II)................. $...... $...... 12,980
24. Net annual support 12,981
obligation (greater amount
on line 23 Column I or line 12,982
23 Column II minus lesser
amount on line 23 Column I
or line 23 Column II)...... $...... $...... 12,984
25. Gross household income per 12,985
party after exchange of
child support.............. $...... $...... 12,987
(add line 14 and line 24 12,988
for the parent receiving a
child support payment; 12,989
subtract line 24 from line
14 for the parent making a
child support payment) 12,990
26. Comments, rebuttal, or 12,991
adjustments to correct
figures in lines 24, Column 12,992
324
I and 24, Column II if they
would be unjust or
inappropriate and would not 12,993
be in best interest of the
children (specific facts to
support adjustments must be 12,994
included).................. $...... $...... 12,995
................................................................. 12,997
................................................................. 12,998
................................................................. 12,999
(Addendum sheet may be attached) 13,000
27. Final figure (this amount 13,002
reflects final annual child
support obligation)........ $...... father/mother 13,004
obligor
28. For decree: child support 13,007
per child per week or per
month (divide obligor's 13,008
annual share, line 27, by
12 or 52 and by the number
of children)............... $...... 13,010
29. For deduction order: child 13,011
support per day (calculate
support per pay period from 13,012
figure on line 28) and add
appropriate poundage....... $...... 13,013
Calculations have been reviewed. 13,016
Signatures .............................. 13,018
Father 13,019
I do/do not consent. 13,020
Sworn to before me and suscribed SUBSCRIBED in my presence, 13,023
this ..... day of .........., 19... 13,024
.............................. 13,026
Notary Public 13,027
325
.............................. 13,028
Mother 13,029
I do/do not consent. 13,030
Sworn to before me and suscribed SUBSCRIBED in my presence, 13,033
this ..... day of .........., 19... 13,034
.............................. 13,036
Notary Public 13,037
.............................. .............................. 13,038
Attorney for father Attorney for mother" 13,039
(G) At least once every four years, the department of 13,042
human services shall review the basic child support schedule set 13,043
forth in division (D) of this section to determine whether 13,044
support orders issued in accordance with the schedule and the 13,045
applicable worksheet in division (E) of this section, through 13,046
line 24, or in division (F) of this section, through line 23, 13,047
adequately provide for the needs of the children who are subject 13,048
to the support orders, prepare a report of its review, and submit 13,049
a copy of the report to both houses of the general assembly. For 13,050
each review, the department shall establish a child support 13,051
guideline advisory council to assist the department in the 13,053
completion of its reviews and reports. Each council shall be 13,055
composed of obligors, obligees, judges of courts of common pleas
who have jurisdiction over domestic relations cases, attorneys 13,056
whose practice includes a significant number of domestic 13,057
relations cases, representatives of child support enforcement 13,058
agencies, other persons interested in the welfare of children, 13,059
three members of the senate appointed by the president of the 13,060
senate, no more than two of whom are members of the same party, 13,061
and three members of the house of representatives appointed by 13,062
the speaker of the house, no more than two of whom are members of 13,063
the same party. The department shall consider input from the 13,064
council prior to the completion of any report under this section. 13,066
The advisory council shall cease to exist at the time that it 13,070
submits its report to the general assembly. Any expenses 13,071
326
incurred by an advisory council shall be paid by the department. 13,072
On or before March 1, 1993, the department shall submit its 13,074
initial report under this division to both houses of the general 13,075
assembly. On or before the first day of March of every fourth 13,076
year after 1993, the department shall submit a report under this 13,077
division to both houses of the general assembly. 13,078
Sec. 3113.216. (A) As used in this section, "obligor," 13,087
AND "obligee," and "child support enforcement agency" have the 13,088
same meanings as in section 3113.21 of the Revised Code. 13,089
(B) No later than October 13, 1990, the department of 13,091
human services shall adopt rules pursuant to Chapter 119. of the 13,092
Revised Code establishing a procedure for determining when 13,093
existing child support orders should be reviewed to determine 13,094
whether it is necessary and in the best interest of the children 13,095
who are the subject of the child support order to change the 13,096
child support order. The rules shall include, but are not 13,097
limited to, all of the following: 13,098
(1) Any procedures necessary to comply with section 13,100
666(a)(10) of Title 42 of the U.S. Code, "Family Support Act of 13,101
1988," 102 Stat. 2346, 42 U.S.C. 666(a)(10), as amended, and any 13,102
regulations adopted pursuant to, or to enforce, that section; 13,103
(2) Procedures for determining what child support orders 13,105
are to be subject to review upon the request of either the 13,106
obligor or the obligee or periodically by the child support 13,107
enforcement agency administering the child support order; 13,108
(3) Procedures for the child support enforcement agency to 13,110
periodically review and to review, upon the request of the 13,111
obligor or the obligee, any child support order that is subject 13,112
to review to determine whether the amount of child support paid 13,113
under the child support order should be adjusted in accordance 13,114
with the basic child support schedule set forth in division (D) 13,115
of section 3113.215 of the Revised Code; 13,116
(4) Procedures for giving obligors and obligees notice of 13,118
their right to request a review of a child support order that is 13,119
327
determined to be subject to review, notice of any proposed 13,120
revision of the amount of child support to be paid under the 13,121
child support order, notice of the procedures for requesting a 13,122
hearing on any proposed revision of the amount of child support 13,123
to be paid under a child support order, notice of any 13,124
administrative hearing to be held on a proposed revision of the 13,125
amount of child support to be paid under a child support order, 13,126
at least sixty days' prior notice of any review of their child 13,127
support order, and notice that a failure to comply with any 13,128
request for documents or information to be used in the review of 13,129
a child support order is contempt of court; 13,130
(5) Procedures for obtaining the necessary documents and 13,132
information necessary to review child support orders and for 13,133
holding administrative hearings on a proposed revision of the 13,134
amount of child support to be paid under a child support order; 13,135
(6) Procedures for adjusting child support orders in 13,137
accordance with the basic child support schedule set forth in 13,138
division (D) of section 3113.215 of the Revised Code and the 13,139
applicable worksheet in division (E) of that section, through 13,140
line 24 or in division (F) of that section, through line 23. 13,141
(C)(1) If a child support enforcement agency, periodically 13,143
or upon request of an obligor or obligee, plans to review a child 13,144
support order in accordance with the rules adopted pursuant to 13,145
division (B) of this section or otherwise plans to review a child 13,146
support order, it shall do all of the following prior to formally 13,147
beginning the review: 13,148
(a) Establish a date certain upon which the review will 13,150
formally begin; 13,151
(b) At least sixty days before formally beginning the 13,153
review, send the obligor and the obligee notice of the planned 13,154
review and of the date when the review will formally begin; 13,155
(c) Request the obligor to provide the agency, no later 13,157
than the scheduled date for formally beginning the review, with a 13,158
copy of the obligor's federal income tax return from the previous 13,159
328
year, a copy of all pay stubs obtained by the obligor within the 13,160
preceding six months, a copy of all other records evidencing the 13,161
receipt of any other salary, wages, or compensation by the 13,162
obligor within the preceding six months, and any other 13,163
information necessary to properly review the child support order, 13,164
and request the obligee to provide the agency, no later than the 13,165
scheduled date for formally beginning the review, with a copy of 13,166
the obligee's federal income tax return from the previous year, a 13,167
copy of all pay stubs obtained by the obligee within the 13,168
preceding six months, a copy of all other records evidencing the 13,169
receipt of any other salary, wages, or compensation by the 13,170
obligee within the preceding six months, and any other 13,171
information necessary to properly review the child support order; 13,172
(d) Include in the notice sent pursuant to division 13,174
(C)(1)(b) of this section, a notice that a willful failure to 13,175
provide the documents and other information requested pursuant to 13,176
division (C)(1)(c) of this section is contempt of court. 13,177
(2) If either the obligor or the obligee fails to comply 13,179
with a request for information made pursuant to division 13,180
(C)(1)(c) of this section, it is contempt of court, and the 13,181
agency shall notify the court of the failure to comply with the 13,182
request for information. The agency may request the court to 13,183
issue an order requiring the obligor or the obligee to provide 13,184
the information as requested or take whatever action is necessary 13,185
to obtain the information and make any reasonable assumptions 13,186
necessary with respect to the income of the person in contempt of 13,187
court to ensure a fair and equitable review of the child support 13,188
order. If the agency decides to conduct the review based upon 13,189
reasonable assumptions with respect to the income of the person 13,190
in contempt of court, it shall proceed under division (C)(3) of 13,191
this section in the same manner as if all requested information 13,192
has been received. 13,193
(3) Upon the date established pursuant to division 13,195
(C)(1)(a) of this section for formally beginning the review of a 13,196
329
child support order, the agency shall review the child support 13,197
order and shall do all of the following: 13,198
(a) Calculate a revised amount of child support to be paid 13,200
under the child support order; 13,201
(b) Give the obligor and obligee notice of the revised 13,203
amount of child support to be paid under the child support order, 13,204
of their right to request an administrative hearing on the 13,205
revised amount of child support, of the procedures and time 13,206
deadlines for requesting the hearing, and that the revised amount 13,207
of child support will be submitted to the court for inclusion in 13,208
a revised child support order unless the obligor or obligee 13,209
requests an administrative hearing on the proposed change within 13,210
thirty days after receipt of the notice under this division; 13,211
(c) If neither the obligor nor the obligee timely requests 13,213
an administrative hearing on the revised amount of child support 13,214
to be paid under the child support order, submit the revised 13,215
amount of child support to the court for inclusion in a revised 13,216
child support order; 13,217
(d) If the obligor or the obligee timely requests an 13,219
administrative hearing on the revised amount of child support to 13,220
be paid under the child support order, the agency shall schedule 13,221
a hearing on the issue, give the obligor and obligee notice of 13,222
the date, time, and location of the hearing, conduct the hearing 13,223
in accordance with the rules adopted under division (B) of this 13,224
section, redetermine at the hearing a revised amount of child 13,225
support to be paid under the child support order, and give notice 13,226
of all of the following to the obligor and obligee: 13,227
(i) The revised amount of child support to be paid under 13,229
the child support order; 13,230
(ii) That they may request a court hearing on the revised 13,232
amount of child support; 13,233
(iii) That the agency will submit the revised amount of 13,235
child support to the court for inclusion in a revised child 13,236
support order, if neither the obligor nor the obligee requests a 13,237
330
court hearing on the revised amount of child support. 13,238
(e) If neither the obligor nor the obligee requests a 13,240
court hearing on the revised amount of child support to be paid 13,241
under the child support order, submit the revised amount of child 13,242
support to the court for inclusion in a revised child support 13,243
order. 13,244
(4) In calculating a revised amount of child support to be 13,246
paid under a child support order under division (C)(3)(a) of this 13,247
section, and in redetermining, at an administrative hearing 13,248
conducted under division (C)(3)(d) of this section, a revised 13,249
amount of child support to be paid under a child support order, 13,250
the child support enforcement agency shall consider, in addition 13,251
to all other factors required by law to be considered, the cost 13,252
of health insurance which the obligor, the obligee, or both the 13,253
obligor and the obligee have been ordered to obtain for the 13,254
children specified in the order. 13,255
(D) If an obligor or obligee files a request for a court 13,257
hearing on a revised amount of child support to be paid under a 13,258
child support order in accordance with division (C) of this 13,259
section and the rules adopted under division (B) of this section, 13,260
the court shall conduct a hearing in accordance with division 13,261
(C)(1)(c) of section 3113.21 of the Revised Code. 13,262
(E) A child support enforcement agency is not required to 13,264
review a child support order pursuant to this section if the 13,265
review is not otherwise required by section 666(a)(10) of Title 13,266
42 of the U.S. Code, "Family Support Act of 1988," 102 Stat. 13,267
2346, 42 U.S.C. 666(a)(10), as amended, and any regulations 13,268
adopted pursuant to, or to enforce, that section and if either of 13,269
the following apply: 13,270
(1) The obligee has made an assignment under section 13,272
5107.07 of the Revised Code of his THE right to receive child 13,273
support payments, the agency determines that the review would not 13,275
be in the best interest of the children who are the subject of 13,276
the child support order, and neither the obligor nor the obligee 13,277
331
has requested that the review be conducted; 13,278
(2) The obligee has not made an assignment under section 13,280
5107.07 5107.25 of the Revised Code of his THE right to receive 13,282
child support payments, neither the obligor nor the obligee has 13,284
requested that the review be conducted. 13,285
Sec. 3113.217. (A) As used in this section: 13,294
(1) "Obligor," AND "obligee," and "child support 13,296
enforcement agency" have the same meanings as in section 3113.21 13,298
of the Revised Code. 13,299
(2) "Insurer" means any person that is authorized to 13,301
engage in the business of insurance in this state under Title 13,302
XXXIX of the Revised Code, any health insuring corporation, and 13,304
any legal entity that is self-insured and provides benefits to 13,305
its employees or members.
(B) In any action or proceeding in which a child support 13,307
order is issued or modified on or after July 1, 1990, under 13,308
Chapter 3115. or section 2151.23, 2151.231, 2151.33, 2151.36, 13,309
2151.49, 3105.18, 3105.21, 3109.05, 3109.19, 3111.13, 3113.04, 13,311
3113.07, 3113.216, or 3113.31 of the Revised Code, the child 13,313
support enforcement agency shall determine whether the obligor or 13,314
obligee has satisfactory health insurance coverage, other than 13,315
medical assistance under Title XIX of the "Social Security Act," 13,316
49 Stat. 620 (1935), 42 U.S.C. 301, as amended, for the children 13,317
who are the subject of the child support order. If the agency 13,318
determines that neither the obligor nor the obligee has 13,319
satisfactory health insurance coverage for the children, it shall 13,320
file a motion with the court requesting the court to issue an 13,321
order in accordance with divisions (C) to (K) of this section. 13,322
(C) In any action or proceeding in which a child support 13,324
order is issued or modified on or after July 1, 1990, under 13,325
Chapter 3115. or section 2151.23, 2151.231, 2151.33, 2151.36, 13,326
2151.49, 3105.18, 3105.21, 3109.05, 3109.19, 3111.13, 3113.04, 13,328
3113.07, 3113.216, or 3113.31 of the Revised Code, in addition to 13,330
any requirements in those sections, the court also shall issue a 13,331
332
separate order that includes all of the following: 13,332
(1) A requirement that the obligor under the child support 13,334
order obtain health insurance coverage for the children who are 13,335
the subject of the child support order from an insurer that 13,336
provides a group health insurance or health care policy, 13,337
contract, or plan that is specified in the order and a 13,338
requirement that the obligor, no later than thirty days after the 13,339
issuance of the order under division (C)(1) of this section, 13,340
furnish written proof to the child support enforcement agency 13,341
that the required health insurance coverage has been obtained, if 13,342
that coverage is available at a reasonable cost through a group 13,343
health insurance or health care policy, contract, or plan offered 13,344
by the obligor's employer or through any other group health 13,345
insurance or health care policy, contract, or plan available to 13,346
the obligor and if health insurance coverage for the children is 13,347
not available for a more reasonable cost through a group health 13,348
insurance or health care policy, contract, or plan available to 13,349
the obligee under the child support order; 13,350
(2) If the obligor is required under division (C)(1) of 13,352
this section to obtain health insurance coverage for the children 13,353
who are the subject of the child support order, a requirement 13,354
that the obligor supply the obligee with information regarding 13,355
the benefits, limitations, and exclusions of the health insurance 13,356
coverage, copies of any insurance forms necessary to receive 13,357
reimbursement, payment, or other benefits under the health 13,358
insurance coverage, and a copy of any necessary insurance cards, 13,359
a requirement that the obligor submit a copy of the court order 13,360
issued pursuant to division (C) of this section to the insurer at 13,361
the time that the obligor makes application to enroll the 13,362
children in the health insurance or health care policy, contract, 13,363
or plan, and a requirement that the obligor, no later than thirty 13,364
days after the issuance of the order under division (C)(2) of 13,365
this section, furnish written proof to the child support 13,366
enforcement agency that division (C)(2) of this section has been 13,367
333
complied with; 13,368
(3) A requirement that the obligee under the child support 13,370
order obtain health insurance coverage for the children who are 13,371
the subject of the child support order from an insurer that 13,372
provides a group health insurance or health care policy, 13,373
contract, or plan that is specified in the order and a 13,374
requirement that the obligee, no later than thirty days after the 13,375
issuance of the order under division (C)(1) of this section, 13,376
furnish written proof to the child support enforcement agency 13,377
that the required health insurance coverage has been obtained, if 13,378
that coverage is available through a group health insurance or 13,379
health care policy, contract, or plan offered by the obligee's 13,380
employer or through any other group health insurance or health 13,381
care policy, contract, or plan available to the obligee and if 13,382
that coverage is available at a more reasonable cost than health 13,383
insurance coverage for the children through a group health 13,384
insurance or health care policy, contract, or plan available to 13,385
the obligor; 13,386
(4) If the obligee is required under division (C)(3) of 13,388
this section to obtain health insurance coverage for the children 13,389
who are the subject of the child support order, a requirement 13,390
that the obligee submit a copy of the court order issued pursuant 13,391
to division (C) of this section to the insurer at the time that 13,392
the obligee makes application to enroll the children in the 13,393
health insurance or health care policy, contract, or plan; 13,394
(5) A list of the group health insurance and health care 13,396
policies, contracts, and plans that the court determines are 13,397
available at a reasonable cost to the obligor or to the obligee 13,398
and the name of the insurer that issues each policy, contract, or 13,399
plan; 13,400
(6) A statement setting forth the name, address, and 13,402
telephone number of the individual who is to be reimbursed for 13,403
out-of-pocket medical, optical, hospital, dental, or prescription 13,404
expenses paid for each child who is the subject of the support 13,405
334
order and a statement that the insurer that provides the health 13,406
insurance coverage for the children may continue making payment 13,407
for medical, optical, hospital, dental, or prescription services 13,408
directly to any health care provider in accordance with the 13,409
applicable health insurance or health care policy, contract, or 13,410
plan; 13,411
(7) A requirement that the obligor and the obligee 13,413
designate the children who are the subject of the child support 13,414
order as covered dependents under any health insurance or health 13,415
care policy, contract, or plan for which they contract; 13,416
(8) A requirement that the obligor, the obligee, or both 13,418
of them under a formula established by the court pay co-payment 13,419
or deductible costs required under the health insurance or health 13,420
care policy, contract, or plan that covers the children; 13,421
(9) If health insurance coverage for the children who are 13,423
the subject of the order is not available at a reasonable cost 13,424
through a group health insurance or health care policy, contract, 13,425
or plan offered by the obligor's employer or through any other 13,426
group health insurance or health care policy, contract, or plan 13,427
available to the obligor and is not available at a reasonable 13,428
cost through a group health insurance or health care policy, 13,429
contract, or plan offered by the obligee's employer or through 13,430
any other group health insurance or health care policy, contract, 13,431
or plan available to the obligee, a requirement that the obligor 13,432
and the obligee share liability for the cost of the medical and 13,433
health care needs of the children who are the subject of the 13,434
order, under an equitable formula established by the court, and a 13,435
requirement that if, after the issuance of the order, health 13,436
insurance coverage for the children who are the subject of the 13,437
order becomes available at a reasonable cost through a group 13,438
health insurance or health care policy, contract, or plan offered 13,439
by the obligor's or obligee's employer or through any other group 13,440
health insurance or health care policy, contract, or plan 13,441
available to the obligor or obligee, the obligor or obligee to 13,442
335
whom the coverage becomes available immediately inform the court 13,443
of that fact; 13,444
(10) A notice that, if the obligor is required under 13,446
divisions (C)(1) and (2) of this section to obtain health 13,447
insurance coverage for the children who are the subject of the 13,448
child support order and if the obligor fails to comply with the 13,449
requirements of those divisions, the court immediately shall 13,450
issue an order to the employer of the obligor, upon written 13,451
notice from the child support enforcement agency, requiring the 13,452
employer to take whatever action is necessary to make application 13,453
to enroll the obligor in any available group health insurance or 13,454
health care policy, contract, or plan with coverage for the 13,455
children who are the subject of the child support order, to 13,456
submit a copy of the court order issued pursuant to division (C) 13,457
of this section to the insurer at the time that the employer 13,458
makes application to enroll the children in the health insurance 13,459
or health care policy, contract, or plan, and, if the obligor's 13,460
application is accepted, to deduct any additional amount from the 13,461
obligor's earnings necessary to pay any additional cost for that 13,462
health insurance coverage; 13,463
(11) A notice that during the time that an order under 13,465
this section is in effect, the employer of the obligor is 13,466
required to release to the obligee or the child support 13,467
enforcement agency upon written request any necessary information 13,468
on the health insurance coverage of the obligor, including, but 13,469
not limited to, the name and address of the insurer and any 13,470
policy, contract, or plan number, and to otherwise comply with 13,471
this section and any court order issued under this section; 13,472
(12) A statement setting forth the full name and date of 13,474
birth of each child who is the subject of the child support 13,475
order; 13,476
(13) A requirement that the obligor and the obligee comply 13,478
with any requirement described in division (C)(1), (2), (3), (4), 13,479
or (7) of this section that is contained in the order issued 13,480
336
under this section no later than thirty days after the issuance 13,481
of the order. 13,482
(D) In any action in which a child support order is issued 13,484
or modified on or after July 1, 1990, under Chapter 3115. or 13,485
section 2151.23, 2151.231, 2151.33, 2151.36, 2151.49, 3105.18, 13,486
3105.21, 3109.05, 3109.19, 3111.13, 3113.04, 3113.07, 3113.216, 13,488
or 3113.31 of the Revised Code, the court, in addition to any 13,489
requirements in those sections and in lieu of an order issued 13,490
under division (C) of this section, may issue a separate order 13,491
requiring both the obligor and the obligee to obtain health 13,492
insurance coverage for the children who are the subject of the 13,493
child support order, if health insurance coverage is available 13,494
for the children and if the court determines that the coverage is 13,495
available at a reasonable cost to both the obligor and the 13,496
obligee and that the dual coverage by both parents would provide 13,497
for coordination of medical benefits without unnecessary 13,498
duplication of coverage. If the court issues an order under this 13,499
division, it shall include in the order any of the requirements, 13,500
notices, and information set forth in divisions (C)(1) to (13) of 13,501
this section that are applicable. 13,502
(E) Any order issued under this section shall be binding 13,504
upon the obligor and the obligee, their employers, and any 13,505
insurer that provides health insurance coverage for either of 13,506
them or their children. The court shall send a copy of any order 13,507
issued under this section that contains any requirement or notice 13,508
described in division (C)(1), (2), (3), (4), (7), (8), or (10) of 13,509
this section by ordinary mail to the obligor, the obligee, and 13,510
any employer that is subject to the order. The court shall send 13,511
a copy of any order issued under this section that contains any 13,512
requirement contained in division (C)(9) of this section by 13,513
ordinary mail to the obligor and obligee. 13,514
(F) If an obligor does not comply with any order issued 13,516
under this section that contains any requirement or notice 13,517
described in division (C)(1), (2), (4), (7), (8), or (10) of this 13,518
337
section within thirty days after the order is issued, the child 13,519
support enforcement agency shall notify the court in writing of 13,520
the failure of the obligor to comply with the order. Upon 13,521
receipt of the notice from the agency, the court shall issue an 13,522
order to the employer of the obligor requiring the employer to 13,523
take whatever action is necessary to make application to enroll 13,524
the obligor in any available group health insurance or health 13,525
care policy, contract, or plan with coverage for the children who 13,526
are the subject of the child support order, to submit a copy of 13,527
the court order issued pursuant to division (C) of this section 13,528
to the insurer at the time that the employer makes application to 13,529
enroll the children in the health insurance or health care 13,530
policy, contract, or plan, and, if the obligor's application is 13,531
accepted, to deduct from the wages or other income of the obligor 13,532
the cost of the coverage for the children. Upon receipt of any 13,533
order under this division, the employer shall take whatever 13,534
action is necessary to comply with the order. 13,535
During the time that any order issued under this section is 13,537
in effect and after the employer has received a copy of the 13,538
order, the employer of the obligor who is the subject of the 13,539
order shall comply with the order and, upon request from the 13,540
obligee or agency, shall release to the obligee and the child 13,541
support enforcement agency all information about the obligor's 13,542
health insurance coverage that is necessary to ensure compliance 13,543
with this section or any order issued under this section, 13,544
including, but not limited to, the name and address of the 13,545
insurer and any policy, contract, or plan number. Any 13,546
information provided by an employer pursuant to this division 13,547
shall be used only for the purpose of the enforcement of an order 13,548
issued under this section. 13,549
Any employer who receives a copy of an order issued under 13,551
this section shall notify the child support enforcement agency of 13,552
any change in or the termination of the obligor's health 13,553
insurance coverage that is maintained pursuant to an order issued 13,554
338
under this section. 13,555
(G) Any insurer that receives a copy of an order issued 13,557
under this section shall comply with this section and any order 13,558
issued under this section, regardless of the residence of the 13,559
children. If an insurer provides health insurance coverage for 13,560
the children who are the subject of a child support order in 13,561
accordance with an order issued under this section, the insurer 13,562
shall reimburse the parent, who is designated to receive 13,563
reimbursement in the order issued under this section, for covered 13,564
out-of-pocket medical, optical, hospital, dental, or prescription 13,565
expenses incurred on behalf of the children subject to the order. 13,566
(H) If an obligee under a child support order is eligible 13,568
for medical assistance under Chapter 5111. or 5115. of the 13,569
Revised Code and the obligor has obtained health insurance 13,570
coverage pursuant to an order issued under division (C) of this 13,571
section, the obligee shall notify any physician, hospital, or 13,572
other provider of medical services for which medical assistance 13,573
is available of the name and address of the obligor's insurer and 13,574
of the number of the obligor's health insurance or health care 13,575
policy, contract, or plan. Any physician, hospital, or other 13,576
provider of medical services for which medical assistance is 13,577
available under Chapter 5111. or 5115. of the Revised Code who is 13,578
notified under this division of the existence of a health 13,579
insurance or health care policy, contract, or plan with coverage 13,580
for children who are eligible for medical assistance first shall 13,581
bill the insurer for any services provided for those children. 13,582
If the insurer fails to pay all or any part of a claim filed 13,583
under this division by the physician, hospital, or other medical 13,584
services provider and the services for which the claim is filed 13,585
are covered by Chapter 5111. or 5115. of the Revised Code, the 13,586
physician, hospital, or other medical services provider shall 13,587
bill the remaining unpaid costs of the services in accordance 13,588
with Chapter 5111. or 5115. of the Revised Code. 13,589
(I) Any obligor who fails to comply with an order issued 13,591
339
under this section is liable to the obligee for any medical 13,592
expenses incurred as a result of the failure to comply with the 13,593
order. 13,594
(J) Whoever violates an order issued under this section 13,596
may be punished as for contempt under Chapter 2705. of the 13,597
Revised Code. If an obligor is found in contempt under that 13,598
chapter for failing to comply with an order issued under this 13,599
section and if the obligor previously has been found in contempt 13,600
under that chapter, the court shall consider the obligor's 13,601
failure to comply with the court's order as a change in 13,602
circumstances for the purpose of modification of the amount of 13,603
support due under the child support order that is the basis of 13,604
the order issued under this section. 13,605
(K) Nothing in this section shall be construed to require 13,607
an insurer to accept for enrollment any child who does not meet 13,608
the underwriting standards of the health insurance or health care 13,609
policy, contract, or plan for which application is made. 13,610
(L) Notwithstanding section 3109.01 of the Revised Code, 13,612
if a court issues an order under this section requiring a parent 13,613
to obtain health insurance coverage for the children who are the 13,614
subject of a child support order, the order shall remain in 13,615
effect beyond the child's eighteenth birthday as long as the 13,616
child continuously attends on a full-time basis any recognized 13,617
and accredited high school. Any parent ordered to obtain health 13,618
insurance coverage for the children who are the subject of a 13,619
child support order shall continue to obtain the coverage for the 13,620
children under the order, including during seasonal vacation 13,621
periods, until the order terminates. 13,622
Sec. 3113.218. (A) As used in this section: 13,631
(1) "Child support enforcement agency" has the same 13,633
meaning as in section 3113.21 of the Revised Code. 13,634
(2), "Child CHILD support order" has the same meaning as 13,637
in section 3113.215 of the Revised Code. 13,638
(B) In any action or proceeding in which a child support 13,640
340
order is issued or modified on or after July 1, 1990, under 13,641
Chapter 3115. or section 2151.23, 2151.33, 2151.36, 2151.49, 13,642
3105.18, 3105.21, 3109.05, 3109.19, 3111.13, 3113.04, 3113.07, 13,643
3113.216, or 3113.31 of the Revised Code, the court that issues 13,645
or modifies the order shall include in the order, in addition to 13,646
any provision required by any of those sections or by any other 13,647
section of the Revised Code, all of the following: 13,648
(1) A requirement that, regardless of the frequency or 13,650
amount of child support payments to be made under the order, the 13,651
child support enforcement agency that is required to administer 13,652
the order shall administer it on a monthly basis, in accordance 13,653
with this section; 13,654
(2) A specification of the monthly amount due under the 13,656
child support order for purposes of its monthly administration, 13,657
as determined under division (D) of this section; 13,658
(3) A statement that payments under the order are to be 13,660
made in the manner ordered by the court, and that if the payments 13,661
are to be made other than on a monthly basis, the required 13,662
monthly administration by the agency does not affect the 13,663
frequency or the amount of the child support payments to be made 13,664
under the order. 13,665
(C) If a child support enforcement agency is required by 13,667
statute or court order to administer a child support order that 13,668
was issued or modified on or after July 1, 1990, the agency shall 13,669
administer the order on a monthly basis, in accordance with the 13,670
provisions of the order that contain the information described in 13,671
division (B) of this section. 13,672
(D) If a court issues or modifies a child support order on 13,674
or after July 1, 1990, and if the child support payments due 13,675
under the order are to be made other than on a monthly basis, the 13,676
court shall calculate a monthly amount due under the child 13,677
support order, for purposes of its monthly administration, in the 13,678
following manner: 13,679
(1) If the child support order is to be paid weekly, 13,681
341
multiply the weekly amount of child support due under the order 13,682
by fifty-two and divide the resulting product by twelve; 13,683
(2) If the child support order is to be paid biweekly, 13,685
multiply the biweekly amount of child support due under the order 13,686
by twenty-six and divide the resulting product by twelve; 13,687
(3) If the child support order is to be paid periodically 13,689
but is not to be paid weekly, biweekly, or monthly, multiply the 13,690
periodic amount of child support due by an appropriate number to 13,691
obtain the annual amount of child support due under the order and 13,692
divide the annual amount of child support due by twelve. 13,693
(E) If the payments under a child support order are to be 13,695
made other than on a monthly basis, the required monthly 13,696
administration of the order by a child support enforcement agency 13,697
pursuant to this section shall not affect the frequency or the 13,698
amount of the child support payments to be made under the order. 13,699
(F) The provisions of this section do not apply in 13,701
relation to a child support order unless the order was issued or 13,702
modified on or after July 1, 1990. 13,703
Sec. 3115.24. (A) A court shall give full faith and 13,712
credit to a parentage determination made under the laws of a 13,713
state, regardless of whether the parentage determination was made 13,714
pursuant to a voluntary acknowledgement of paternity, an 13,715
administrative procedure, or a court proceeding.
(B) If the obligor asserts as a defense that he is not the 13,718
father of the child for whom support is sought, and if the issue 13,719
of parentage previously has not been determined by a court or 13,720
administrative body of this state or another state, the court,
upon its own motion or the motion of any party to the action, 13,721
shall order the child's mother, the child, the alleged father of 13,722
the child, and any other person who is a defendant in the action 13,724
to submit to genetic tests for use in determining the paternity
of the child in accordance with divisions (B), (C), and (D) of 13,725
section 3111.09 of the Revised Code. 13,726
(C) If the court orders any persons to submit to genetic 13,728
342
tests pursuant to division (B) of this section, the fees charged 13,729
for the tests shall be paid by the party that requested the 13,730
genetic tests unless the custodian of the child is represented by 13,731
the child support enforcement agency in its role as the agency 13,732
providing enforcement of child support orders under Title IV-D of 13,733
the "Social Security Act," 88 Stat. 2351 (1975), 42 U.S.C. 651, 13,734
as amended, the custodian of the child is a recipient of aid to 13,735
dependent children PARTICIPANT IN OHIO WORKS FIRST under Chapter 13,737
5107. of the Revised Code for the benefit of the child or the 13,739
defendant in the action is found to be indigent, in which case 13,740
the child support enforcement agency shall pay the costs of the 13,741
genetic testing. The child support enforcement agency, within 13,742
guidelines contained in that federal law, shall use funds 13,743
received pursuant to Title IV-D of the "Social Security Act," 88 13,744
Stat. 2351 (1975), 42 U.S.C. 651, as amended, to pay the fees 13,745
charged for the tests. If there is a dispute as to who shall pay 13,746
the fees charged for genetic testing, the child support 13,747
enforcement agency shall pay the fees, but in no instance shall 13,748
genetic testing be delayed due to a dispute as to who shall pay 13,749
the genetic testing fees. The child support enforcement agency 13,750
or the person who paid the fees charged for the genetic tests may 13,751
seek reimbursement for the fees charged for the genetic tests 13,752
from the person against whom the court assesses the costs of the 13,753
action. Any funds used in accordance with this division by the 13,754
child support enforcement agency shall be in addition to any 13,755
other funds that the agency is entitled to receive as a result of 13,756
any contractual provision for specific funding allocations for 13,757
the agency between the county, the state, and the federal 13,758
government.
Sec. 3301.0719. (A) As used in this section: 13,767
(1) "Aid-to-dependent-children OHIO WORKS FIRST rate" 13,769
means the percentage that equals the quotient obtained by 13,771
dividing the number of children ages five to seventeen residing 13,772
in the district and living in a family receiving aid to dependent 13,773
343
children PARTICIPATING IN OHIO WORKS FIRST, as certified for the 13,776
most recent year under section 3317.10 of the Revised Code, by 13,777
the total of the number of students in average daily membership 13,778
in grades kindergarten through twelve, as certified for the most 13,779
recent year under section 3317.03 of the Revised Code. 13,780
(2) "At-risk school district" means any city, exempted 13,782
village, or local school district that has a dropout rate, 13,783
rounded to the nearest one-half per cent, of thirty per cent or 13,784
more and to whom one or both of the following apply: 13,785
(a) The aid-to-dependent-children OHIO WORKS FIRST rate of 13,788
the district is more than thirty per cent. 13,789
(b) The amount of the average personal income per tax 13,791
return of the district, as reported for the most recent tax year 13,792
by the department of taxation to the department of education, is 13,793
less than eighty per cent of the amount of the statewide average 13,794
personal income per tax return for that tax year. 13,795
(3) "Dropout rate" for any at-risk school district means 13,797
the percentage that equals the difference between one hundred per 13,798
cent and the graduation rate for the most recent school year 13,799
calculated in accordance with division (B)(1)(r) of section 13,800
3301.0714 of the Revised Code. 13,801
(B) During the first two weeks of July each year, 13,803
beginning in 1992, the state board of education shall determine 13,804
each school district that is an at-risk school district and that 13,805
receives at least three hundred thousand dollars under division 13,806
(B)(3) of section 3317.023 of the Revised Code and shall notify 13,807
any such district of this determination and the requirements of 13,808
division (B)(4) of section 3317.023 of the Revised Code. 13,809
Notwithstanding division (B)(4) of section 3317.023 of the 13,811
Revised Code, in the school year in which a school district is 13,812
initially identified as at-risk, in lieu of the expenditure 13,813
required by that division, each district board shall expend at 13,814
least one-eightieth of the amount designated under that division 13,815
on preparation for the implementation of the programs required by 13,816
344
that division for the following school year. Such preparation 13,817
shall include submission of a report to the state board of 13,818
education detailing the preparation and the actual plans for 13,819
implementation of the specified programs and the provision of at 13,820
least ten days of in-service training for teachers who will be 13,821
participating in such programs. The preparation may include the 13,822
purchase of materials and the hiring of consultants. 13,823
Sec. 3313.64. (A) As used in this section and in section 13,832
3313.65 of the Revised Code: 13,833
(1) "Parent" means either parent, unless the parents are 13,835
separated or divorced or their marriage has been dissolved or 13,836
annulled, in which case "parent" means the parent who is the 13,837
residential parent and legal custodian of the child. When a 13,838
child is in the legal custody of a government agency or a person 13,839
other than the child's natural or adoptive parent, "parent" means 13,840
the parent with residual parental rights, privileges, and 13,842
responsibilities. When a child is in the permanent custody of a 13,843
government agency or a person other than the child's natural or 13,844
adoptive parent, "parent" means the parent who was divested of 13,846
parental rights and responsibilities for the care of the child 13,847
and the right to have the child live with the parent and be the 13,848
legal custodian of the child and all residual parental rights, 13,850
privileges, and responsibilities. 13,851
(2) "Legal custody," "permanent custody," and "residual 13,853
parental rights, privileges, and responsibilities" have the same 13,854
meanings as in section 2151.011 of the Revised Code. 13,855
(3) "School district" or "district" means a city, local, 13,857
or exempted village school district and excludes any school 13,858
operated in an institution maintained by the department of youth 13,859
services. 13,860
(4) Except as used in division (C)(2) of this section, 13,862
"home" means a home, institution, family foster home, group home, 13,863
or other residential facility in this state that receives and 13,864
cares for children, to which any of the following applies: 13,865
345
(a) The home is licensed, certified, or approved for such 13,867
purpose by the state or is maintained by the department of youth 13,868
services. 13,869
(b) The home is operated by a person who is licensed, 13,871
certified, or approved by the state to operate the home for such 13,872
purpose. 13,873
(c) The home accepted the child through a placement by a 13,875
person licensed, certified, or approved to place a child in such 13,876
a home by the state. 13,877
(d) The home is a children's home created under section 13,879
5153.21 or 5153.36 of the Revised Code. 13,880
(5) "Agency" means all of the following: 13,882
(a) A PUBLIC children services board or county department 13,884
of human services that has assumed the administration of child 13,885
welfare functions prescribed by Chapter 5153. of the Revised Code 13,887
AGENCY;
(b) An organization that holds a certificate issued by the 13,889
Ohio department of human services in accordance with the 13,890
requirements of section 5103.03 of the Revised Code and assumes 13,891
temporary or permanent custody of children through commitment, 13,892
agreement, or surrender, and places children in family homes for 13,893
the purpose of adoption; 13,894
(c) Comparable agencies of other states or countries that 13,896
have complied with applicable requirements of section 2151.39, or 13,897
sections 5103.20 to 5103.28 of the Revised Code. 13,898
(6) A child is placed for adoption if either of the 13,900
following occurs: 13,901
(a) An agency to which the child has been permanently 13,903
committed or surrendered enters into an agreement with a person 13,904
pursuant to section 5103.06 of the Revised Code for the care and 13,905
adoption of the child. 13,906
(b) The child's natural parent places the child pursuant 13,908
to section 5103.16 of the Revised Code with a person who will 13,909
care for and adopt the child. 13,910
346
(7) "Handicapped preschool child" means a handicapped 13,912
child, as defined by division (A) of section 3323.01 of the 13,913
Revised Code, who is at least three years of age but is not of 13,914
compulsory school age, as defined in section 3321.01 of the 13,915
Revised Code, and who has not entered kindergarten. 13,916
(8) "Child," unless otherwise indicated, includes 13,918
handicapped preschool children. 13,919
(B) Except as otherwise provided in section 3321.01 of the 13,921
Revised Code for admittance to kindergarten and first grade, a 13,922
child who is at least five but under twenty-two years of age and 13,923
any handicapped preschool child shall be admitted to school as 13,924
provided in this division. 13,925
(1) A child shall be admitted to the schools of the school 13,927
district in which the child's parent resides. 13,928
(2) A child who does not reside in the district where the 13,931
child's parent resides shall be admitted to the schools of the
district in which the child resides if any of the following 13,933
applies:
(a) The child is in the legal or permanent custody of a 13,935
government agency or a person other than the child's natural or 13,937
adoptive parent. 13,938
(b) The child resides in a home. 13,940
(c) The child requires special education. 13,942
(3) A child who is not entitled under division (B)(2) of 13,944
this section to be admitted to the schools of the district where 13,945
the child resides and who is residing with a resident of this 13,946
state with whom the child has been placed for adoption shall be 13,948
admitted to the schools of the district where the child resides 13,950
unless either of the following applies: 13,951
(a) The placement for adoption has been terminated. 13,953
(b) Another school district is required to admit the child 13,955
under division (B)(1) of this section. 13,956
Division (B) of this section does not prohibit the board of 13,958
education of a school district from placing a handicapped child 13,959
347
who resides in the district in a special education program 13,960
outside of the district or its schools in compliance with Chapter 13,961
3323. of the Revised Code. 13,962
(C) A district shall not charge tuition for children 13,964
admitted under division (B)(1) or (3) of this section. If the 13,965
district admits a child under division (B)(2) of this section, 13,966
tuition shall be paid to the district that admits the child as 13,967
follows: 13,968
(1) If the child receives special education in accordance 13,970
with Chapter 3323. of the Revised Code, tuition shall be paid in 13,971
accordance with section 3323.091, 3323.13, 3323.14, or 3323.141 13,972
of the Revised Code regardless of who has custody of the child or 13,973
whether the child resides in a home. 13,974
(2) Except as otherwise provided in division (C)(2)(d) of 13,976
this section, if the child is in the permanent or legal custody 13,977
of a government agency or person other than the child's parent, 13,978
tuition shall be paid by: 13,979
(a) The district in which the child's parent resided at 13,981
the time the court removed the child from home or at the time the 13,983
court vested legal or permanent custody of the child in the
person or government agency, whichever occurred first; or 13,984
(b) If the parent's residence at the time the court 13,986
removed the child from home or placed the child in the legal or 13,988
permanent custody of the person or government agency is unknown, 13,989
tuition shall be paid by the district in which the child resided 13,990
at the time the child was removed from home or placed in legal or 13,992
permanent custody, whichever occurred first; or 13,993
(c) If a school district cannot be established under 13,995
division (C)(2)(a) or (b) of this section, tuition shall be paid 13,996
by the district determined as required by section 2151.357 of the 13,997
Revised Code by the court at the time it vests custody of the 13,998
child in the person or government agency. 13,999
(d) If at the time the court removed the child from home 14,002
or vested legal or permanent custody of the child in the person 14,003
348
or government agency, whichever occurred first, one parent was in 14,004
a residential or correctional facility or a juvenile residential 14,005
placement and the other parent, if living and not in such a 14,006
facility or placement, was not known to reside in this state, 14,007
tuition shall be paid by the district determined under division 14,008
(D) of section 3313.65 of the Revised Code as the district 14,009
required to pay any tuition while the parent was in such facility 14,010
or placement.
(3) If the child is not in the permanent or legal custody 14,012
of a government agency or person other than the child's parent 14,014
and the child resides in a home, tuition shall be paid by one of 14,015
the following:
(a) The school district in which the child's parent 14,017
resides; 14,018
(b) If the child's parent is not a resident of this state, 14,020
the home in which the child resides. 14,021
(D) Tuition required to be paid under divisions (C)(2) and 14,023
(3)(a) of this section shall be computed in accordance with 14,024
section 3317.08 of the Revised Code. Tuition required to be paid 14,025
under division (C)(3)(b) of this section shall be computed in 14,026
accordance with section 3317.081 of the Revised Code. If a home 14,027
fails to pay the tuition required by division (C)(3)(b) of this 14,028
section, the board of education providing the education may 14,029
recover in a civil action the tuition and the expenses incurred 14,030
in prosecuting the action, including court costs and reasonable 14,031
attorney's fees. If the prosecuting attorney or city director of 14,032
law represents the board in such action, costs and reasonable 14,033
attorney's fees awarded by the court, based upon the prosecuting 14,034
attorney's, director's, or one of their designee's time spent 14,036
preparing and presenting the case, shall be deposited in the 14,037
county or city general fund. 14,038
(E) A board of education may enroll a child free of any 14,040
tuition obligation for a period not to exceed sixty days, on the 14,041
sworn statement of an adult resident of the district that the 14,042
349
resident has initiated legal proceedings for custody of the 14,044
child.
(F) In the case of any individual entitled to attend 14,046
school under this division, no tuition shall be charged by the 14,047
school district of attendance and no other school district shall 14,048
be required to pay tuition for the individual's attendance. 14,049
Notwithstanding division (B), (C), or (E) of this section: 14,050
(1) All persons at least eighteen but under twenty-two 14,052
years of age who live apart from their parents, support 14,053
themselves by their own labor, and have not successfully 14,054
completed the high school curriculum or the individualized 14,055
education program developed for the person by the high school 14,056
pursuant to section 3323.08 of the Revised Code, are entitled to 14,057
attend school in the district in which they reside. 14,058
(2) Any child under eighteen years of age who is married 14,060
is entitled to attend school in the child's district of 14,061
residence. 14,062
(3) A child is entitled to attend school in the district 14,064
in which either of the child's parents is employed if the child 14,066
has a medical condition that may require emergency medical 14,067
attention. The parent of a child entitled to attend school under 14,068
division (F)(3) of this section shall submit to the board of 14,069
education of the district in which the parent is employed a 14,070
statement from the child's physician certifying that the child's 14,071
medical condition may require emergency medical attention. The 14,072
statement shall be supported by such other evidence as the board 14,073
may require.
(4) Any child residing with a person other than the 14,075
child's parent is entitled, for a period not to exceed twelve 14,077
months, to attend school in the district in which that person 14,078
resides if the child's parent files an affidavit with the 14,079
superintendent of the district in which the person with whom the 14,080
child is living resides stating all of the following: 14,081
(a) That the parent is serving outside of the state in the 14,083
350
armed services of the United States; 14,084
(b) That the parent intends to reside in the district upon 14,086
returning to this state; 14,087
(c) The name and address of the person with whom the child 14,089
is living while the parent is outside the state. 14,090
(5) Any child under the age of twenty-two who, after the 14,092
death of a parent, resides in a school district other than the 14,093
district in which the child attended school at the time of the 14,094
parent's death is entitled to continue to attend school in the 14,095
district in which the child attended school at the time of the 14,096
parent's death for the remainder of the school year, subject to 14,097
approval of that district board. 14,098
(6) A child under the age of twenty-two years who resides 14,100
with a parent who is having a new house built in a school 14,101
district outside the district where the parent is residing is 14,102
entitled to attend school for a period of time in the district 14,103
where the new house is being built. In order to be entitled to 14,104
such attendance, the parent shall provide the district 14,105
superintendent with the following: 14,106
(a) A sworn statement explaining the situation, revealing 14,108
the location of the house being built, and stating the parent's 14,109
intention to reside there upon its completion; 14,110
(b) A statement from the builder confirming that a new 14,112
house is being built for the parent and that the house is at the 14,113
location indicated in the parent's statement. 14,114
(7) A child under the age of twenty-two residing with a 14,116
parent who has a contract to purchase a house in a school 14,117
district outside the district where the parent is residing and 14,118
who is waiting upon the date of closing of the mortgage loan for 14,119
the purchase of such house is entitled to attend school for a 14,120
period of time in the district where the house is being 14,121
purchased. In order to be entitled to such attendance, the 14,122
parent shall provide the district superintendent with the 14,123
following: 14,124
351
(a) A sworn statement explaining the situation, revealing 14,126
the location of the house being purchased, and stating the 14,127
parent's intent to reside there; 14,128
(b) A statement from a real estate broker or bank officer 14,130
confirming that the parent has a contract to purchase the house, 14,131
that the parent is waiting upon the date of closing of the 14,132
mortgage loan, and that the house is at the location indicated in 14,133
the parent's statement. 14,134
The district superintendent shall establish a period of 14,136
time not to exceed ninety days during which the child entitled to 14,137
attend school under division (F)(6) or (7) of this section may 14,138
attend without tuition obligation. A student attending a school 14,139
under division (F)(6) or (7) of this section shall be eligible to 14,140
participate in interscholastic athletics under the auspices of 14,141
that school, provided the board of education of the school 14,142
district where the student's parent resides, by a formal action, 14,143
releases the student to participate in interscholastic athletics 14,144
at the school where the student is attending, and provided the 14,145
student receives any authorization required by a public agency or 14,146
private organization of which the school district is a member 14,147
exercising authority over interscholastic sports. 14,148
(8) A child whose parent is a full-time employee of a 14,150
city, local, or exempted village school district may be admitted 14,151
to the schools of the district where the child's parent is 14,152
employed, provided the board of education establishes such an 14,154
admission policy by resolution adopted by a majority of its 14,155
members. Any such policy shall take effect on the first day of 14,156
the school year and the effective date of any amendment or repeal 14,157
may not be prior to the first day of the subsequent school year. 14,158
The policy shall be uniformly applied to all such children and 14,159
shall provide for the admission of any such child upon request of 14,160
the parent. No child may be admitted under this policy after the 14,161
first day of classes of any school year. 14,162
(9) A child who is with the child's parent under the care 14,164
352
of a shelter for victims of domestic violence, as defined in 14,166
section 3113.33 of the Revised Code, is entitled to attend school 14,167
free in the district in which the child is with his parent, and 14,168
no other school district shall be required to pay tuition for the 14,170
child's attendance in that school district. 14,172
The enrollment of a child in a school district under this 14,174
division shall not be denied due to a delay in the school 14,175
district's receipt of any records required under section 3313.672 14,176
of the Revised Code or any other records required for enrollment. 14,177
Any days of attendance and any credits earned by a child while 14,178
enrolled in a school district under this division shall be 14,179
transferred to and accepted by any school district in which the 14,180
child subsequently enrolls. The state board of education shall 14,181
adopt rules to ensure compliance with this division. 14,182
(10) Any child under the age of twenty-two whose parent 14,184
has moved out of the school district after the commencement of 14,185
classes in the child's senior year of high school is entitled, 14,186
subject to the approval of that district board, to attend school 14,187
in the district in which the child attended school at the time of 14,189
the parental move for the remainder of the school year and for 14,190
one additional semester or equivalent term. A district board may 14,191
also adopt a policy specifying extenuating circumstances under 14,192
which a student may continue to attend school under division 14,193
(F)(10) of this section for an additional period of time in order 14,194
to successfully complete the high school curriculum for the 14,195
individualized education program developed for the student by the 14,196
high school pursuant to section 3323.08 of the Revised Code. 14,197
(11) As used in this division, "grandparent" means a 14,199
parent of a parent of a child. A child under the age of 14,200
twenty-two years who is in the custody of the child's parent, 14,202
resides with a grandparent, and does not require special 14,203
education is entitled to attend the schools of the district in 14,204
which the child's grandparent resides, provided that, prior to 14,206
such attendance in any school year, the board of education of the 14,207
353
school district in which the child's grandparent resides and the 14,208
board of education of the school district in which the child's 14,210
parent resides enter into a written agreement specifying that 14,212
good cause exists for such attendance, describing the nature of 14,213
this good cause, and consenting to such attendance. 14,214
In lieu of a consent form signed by a parent, a board of 14,216
education may request the grandparent of a child attending school 14,217
in the district in which the grandparent resides pursuant to 14,218
division (F)(11) of this section to complete any consent form 14,219
required by the district, including any authorization required by 14,220
sections 3313.712 and 3313.713 of the Revised Code. Upon 14,221
request, the grandparent shall complete any consent form required 14,222
by the district. A school district shall not incur any liability 14,223
solely because of its receipt of a consent form from a 14,224
grandparent in lieu of a parent. 14,225
Division (F)(11) of this section does not create, and shall 14,228
not be construed as creating, a new cause of action or 14,229
substantive legal right against a school district, a member of a 14,230
board of education, or an employee of a school district. This 14,231
section does not affect, and shall not be construed as affecting, 14,232
any immunities from defenses to tort liability created or 14,233
recognized by Chapter 2744. of the Revised Code for a school 14,234
district, member, or employee.
(12) A child under the age of twenty-two years is entitled 14,237
to attend school in a school district other than the district in
which the child is entitled to attend school under division (B), 14,239
(C), or (E) of this section provided that, prior to such 14,241
attendance in any school year, both of the following occur: 14,242
(a) The superintendent of the district in which the child 14,244
is entitled to attend school under division (B), (C), or (E) of 14,247
this section contacts the superintendent of another district for
purposes of this division; 14,249
(b) The superintendents of both districts enter into a 14,252
written agreement that consents to the attendance and specifies
354
that the purpose of such attendance is to protect the student's 14,254
physical or mental well-being or to deal with other extenuating 14,255
circumstances deemed appropriate by the superintendents.
While an agreement is in effect under this division for a 14,257
student who is not receiving special education under Chapter 14,258
3323. of the Revised Code and notwithstanding Chapter 3327. of 14,259
the Revised Code, the board of education of neither school 14,260
district involved in the agreement is required to provide 14,261
transportation for the student to and from the school where the 14,262
student attends.
A student attending a school of a district pursuant to this 14,264
division shall be allowed to participate in all student 14,265
activities, including interscholastic athletics, at the school 14,266
where the student is attending on the same basis as any student 14,267
who has always attended the schools of that district while of 14,268
compulsory school age.
(G) A board of education, after approving admission, may 14,270
waive tuition for students who will temporarily reside in the 14,271
district and who are either of the following: 14,272
(1) Residents or domiciliaries of a foreign nation who 14,274
request admission as foreign exchange students; 14,275
(2) Residents or domiciliaries of the United States but 14,277
not of Ohio who request admission as participants in an exchange 14,278
program operated by a student exchange organization. 14,279
(H) Pursuant to sections 3311.211, 3313.90, 3319.01, 14,281
3323.04, 3327.04, and 3327.06 of the Revised Code, a child may 14,282
attend school or participate in a special education program in a 14,283
school district other than in the district where the child is 14,284
entitled to attend school under division (B) of this section. 14,286
(I) This division does not apply to a child receiving 14,288
special education. 14,289
A school district required to pay tuition pursuant to 14,291
division (C)(2) or (3) of this section or section 3313.65 of the 14,292
Revised Code shall have an amount deducted under division (G) of 14,293
355
section 3317.023 of the Revised Code equal to its own tuition 14,294
rate for the same period of attendance. A school district 14,295
entitled to receive tuition pursuant to division (C)(2) or (3) of 14,296
this section or section 3313.65 of the Revised Code shall have an 14,297
amount credited under division (G) of section 3317.023 of the 14,298
Revised Code equal to its own tuition rate for the same period of 14,299
attendance. If the tuition rate credited to the district of 14,300
attendance exceeds the rate deducted from the district required 14,301
to pay tuition, the department of education shall pay the 14,302
district of attendance the difference from amounts deducted from 14,303
all districts' payments under division (G) of section 3317.023 of 14,304
the Revised Code but not credited to other school districts under 14,305
such division and from appropriations made for such purpose. The 14,306
treasurer of each school district shall, by the fifteenth day of 14,307
January and July, furnish the superintendent of public 14,308
instruction a report of the names of each child who attended the 14,309
district's schools under divisions (C)(2) and (3) of this section 14,310
or section 3313.65 of the Revised Code during the preceding six 14,311
calendar months, the duration of the attendance of those 14,312
children, the school district responsible for tuition on behalf 14,313
of the child, and any other information that the superintendent 14,314
requires. 14,315
Upon receipt of the report the superintendent, pursuant to 14,317
division (G) of section 3317.023 of the Revised Code, shall 14,318
deduct each district's tuition obligations under divisions (C)(2) 14,319
and (3) of this section or section 3313.65 of the Revised Code 14,320
and pay to the district of attendance that amount plus any amount 14,321
required to be paid by the state. 14,322
(J) In the event of a disagreement, the superintendent of 14,324
public instruction shall determine the school district in which 14,325
the parent resides. 14,326
(K) Nothing in this section requires or authorizes, or 14,328
shall be construed to require or authorize, the admission to a 14,329
public school in this state of a pupil who has been permanently 14,330
356
excluded from public school attendance by the superintendent of 14,331
public instruction pursuant to sections 3301.121 and 3313.662 of 14,332
the Revised Code. 14,333
Sec. 3317.023. (A) Notwithstanding section 3317.022 of 14,342
the Revised Code, the amounts required to be paid to a district 14,343
under that section shall be adjusted by the amount of the 14,344
computations made under divisions (B) to (L) of this section. 14,345
As used in this section: 14,347
(1) "Classroom teacher" means a licensed employee who 14,349
provides direct instruction to pupils, excluding teachers funded 14,350
from money paid to the district from federal sources; educational 14,351
service personnel; and vocational and special education teachers. 14,352
(2) "Educational service personnel" shall not include such 14,354
specialists funded from money paid to the district from federal 14,355
sources or assigned full-time to vocational or special education 14,356
students and classes and may only include those persons employed 14,357
in the eight specialist areas in a pattern approved by the 14,358
department of education under guidelines established by the state 14,359
board of education. 14,360
(3) "Annual salary" means the annual base salary stated in 14,362
the state minimum salary schedule for the performance of the 14,363
teacher's regular teaching duties that the teacher earns for 14,364
services rendered for the first full week of October of the 14,365
fiscal year for which the adjustment is made under division (D) 14,366
of this section. It shall not include any salary payments for 14,367
supplemental teachers contracts. 14,368
(B)(1) As used in this division, "per cent figure" means a 14,370
school district's three-year average number of ADC children 14,371
PARTICIPATING IN OHIO WORKS FIRST (OWF) UNDER CHAPTER 5107. OF 14,373
THE REVISED CODE divided by the district's three-year average of 14,374
the average daily membership in grades one through twelve and 14,375
one-half the kindergarten average daily membership, multiplied by 14,376
one hundred. 14,377
If the three-year average of the number of children ages 14,380
357
five to seventeen residing in the district and living in a family 14,381
receiving aid to dependent children PARTICIPATING IN OHIO WORKS 14,382
FIRST, as certified or adjusted under section 3317.10 of the 14,384
Revised Code for the current and preceding two fiscal years, is 14,385
equal to five per cent or more of the number of pupils in the 14,386
three-year average of the average daily membership in grades one 14,387
through twelve and one-half the kindergarten average daily 14,388
membership, certified under section 3317.03 of the Revised Code 14,389
for the current and preceding two fiscal years, add the amount 14,390
computed for the district in accordance with the following 14,391
schedule: 14,392
THREE-YEAR AVERAGE NUMBER OF 14,394
ADC OWF CHILDREN DIVIDED BY THREE-YEAR 14,396
AVERAGE OF THE AVERAGE DAILY MEMBERSHIP 14,397
IN GRADES ONE THROUGH TWELVE AND 14,398
ONE-HALF THE KINDERGARTEN AVERAGE PAYMENT PER ADC OWF 14,400
CHILD IN
DAILY MEMBERSHIP THE THREE-YEAR AVERAGE 14,402
At least 5%, but less than 10% $198.00 x number of ADC 14,406
OWF children 14,407
At least 10%, but less than 20% (($101.50 x per cent 14,410
figure) minus $817.00) 14,411
x number of ADC OWF 14,412
children
At least 20%, but less than 30% (($7.50 x per cent 14,414
figure) plus $1,063.00) 14,415
x number of ADC OWF 14,416
children
At least 30% $1,288.00 x number of 14,418
ADC OWF children
(2) If in any year the sum of the additions made under 14,421
this division is less than ninety-seven per cent of the amount 14,422
appropriated for this division for that year, the department of 14,423
education shall increase the amount added for each district under 14,424
358
this division. The amount so added for each district shall equal 14,425
(1) the difference between ninety-seven per cent of the amount 14,426
appropriated and the total amount of the additions prior to such 14,427
increase, times (2) the percentage that the amount added for the 14,428
district prior to the increase was of the total of such amount 14,429
added for all districts. 14,430
(3) Except as provided in division (B)(4) of this section, 14,432
a district shall expend at least seventy per cent of any addition 14,434
received under this division for any of the following: 14,435
(a) The purchase of technology for instructional purposes; 14,438
(b) All-day kindergarten; 14,440
(c) Reduction of class sizes; 14,442
(d) Summer school remediation or other remedial programs; 14,444
(e) Dropout prevention programs; 14,446
(f) Guaranteeing that all third graders are ready to 14,448
progress to more advanced work; 14,449
(g) Summer education and work programs; 14,451
(h) Adolescent pregnancy programs; 14,453
(i) Head start or preschool programs; 14,455
(j) Reading improvement programs described by the 14,457
department of education; 14,458
(k) Programs designed to ensure that schools are free of 14,460
drugs and violence and have a disciplined environment conducive 14,461
to learning; 14,462
(l) Furnishing free of charge materials used in courses of 14,464
instruction, except for the necessary textbooks required to be 14,465
furnished without charge pursuant to section 3329.06 of the 14,466
Revised Code, to pupils living in families receiving aid to 14,467
dependent children PARTICIPATING IN OHIO WORKS FIRST in 14,468
accordance with section 3313.642 of the Revised Code; 14,471
(m) School breakfasts provided pursuant to section 14,473
3313.813 of the Revised Code. 14,474
(4) Except as provided in division (B) of section 14,476
3301.0719 of the Revised Code, each at-risk school district, as 14,477
359
defined in division (A)(2) of section 3301.0719 of the Revised 14,478
Code, that receives at least three hundred thousand dollars under 14,479
divisions (B)(1) and (2) of this section shall expend at least 14,480
one-tenth of the amount described in division (B)(3) of this 14,481
section for either all-day kindergarten classes with a student 14,482
teacher ratio of fifteen to one or for reduction of class sizes 14,483
in grades kindergarten to four to a fifteen to one student 14,484
teacher ratio, or both. Such districts shall also expend such 14,485
funds to provide training for teachers participating in such 14,486
programs on an ongoing basis, including at least six days of 14,487
training each school year. Amounts expended for all-day 14,488
kindergarten under this section shall only be expended to provide 14,489
additional all-day kindergarten classes not in existence on July 14,490
26, 1991. Upon the request of a board of education, the state 14,491
board of education may grant an exemption from the requirement of 14,492
division (B)(4) of this section if the district board satisfies 14,493
the state board that the district has insufficient physical 14,494
facilities to implement this requirement. 14,495
(5) Each district shall maintain the portion required to 14,497
be spent under division (B)(3) of this section in a separate 14,498
district account. Each district shall submit to the department, 14,499
in such format and at such time as the department shall specify, 14,500
a report on the programs for which it expended funds under this 14,501
division. 14,502
(C) If the district employs less than one full-time 14,504
equivalent classroom teacher for each twenty-five pupils in ADM 14,505
in any school district, deduct the sum of the amounts obtained 14,506
from the following computations: 14,507
(1) Divide the number of the district's full-time 14,509
equivalent classroom teachers employed by one twenty-fifth; 14,510
(2) Subtract the quotient in (1) from the district's ADM; 14,512
(3) Multiply the difference in (2) by seven hundred 14,514
fifty-two dollars. 14,515
(D) If a positive amount, add one-half of the amount 14,517
360
obtained by multiplying the number of full-time equivalent 14,518
classroom teachers by: 14,519
(1) The mean annual salary of all full-time equivalent 14,521
classroom teachers employed by the district at their respective 14,522
training and experience levels minus; 14,523
(2) The mean annual salary of all such teachers at their 14,525
respective levels in all school districts receiving payments 14,526
under this section. 14,527
The number of full-time equivalent classroom teachers used 14,529
in this computation shall not exceed one twenty-fifth of the 14,530
district's ADM. In calculating the district's mean salary under 14,531
this division, those full-time equivalent classroom teachers with 14,532
the highest training level shall be counted first, those with the 14,533
next highest training level second, and so on, in descending 14,534
order. Within the respective training levels, teachers with the 14,535
highest years of service shall be counted first, the next highest 14,536
years of service second, and so on, in descending order. 14,537
(E) This division does not apply to a school district that 14,539
has entered into an agreement under division (A) of section 14,540
3313.42 of the Revised Code. Deduct the amount obtained from the 14,541
following computations if the district employs fewer than five 14,542
full-time equivalent educational service personnel, including 14,543
elementary school art, music, and physical education teachers, 14,544
counselors, librarians, visiting teachers, school social workers, 14,545
and school nurses for each one thousand pupils in ADM: 14,546
(1) Divide the number of full-time equivalent educational 14,548
service personnel employed by the district by five 14,549
one-thousandths; 14,550
(2) Subtract the quotient in (1) from the district's ADM; 14,552
(3) Multiply the difference in (2) by ninety-four dollars. 14,554
(F) If a local school district, or a city or exempted 14,556
village school district to which a governing board of an 14,558
educational service center provides services pursuant to section 14,559
3313.843 of the Revised Code, deduct the amount of the payment 14,560
361
required for the reimbursement of the governing board under 14,562
section 3317.11 of the Revised Code. 14,563
(G)(1) If the district is required to pay to or entitled 14,565
to receive tuition from another school district under division 14,566
(C)(2) or (3) of section 3313.64 or section 3313.65 of the 14,567
Revised Code, or if the superintendent of public instruction is 14,568
required to determine the correct amount of tuition and make a 14,569
deduction or credit under section 3317.08 of the Revised Code, 14,570
deduct and credit such amounts as provided in division (I) of 14,571
section 3313.64 or section 3317.08 of the Revised Code. 14,572
(2) For each child for whom the district is responsible 14,574
for tuition under division (A)(1) of section 3317.082 or under 14,575
division (B)(1) of section 3323.091 of the Revised Code, deduct 14,576
the amount of tuition for which the district is responsible. 14,577
(H) If the district has been certified by the 14,579
superintendent of public instruction under section 3313.90 of the 14,580
Revised Code as not in compliance with the requirements of that 14,581
section, deduct an amount equal to ten per cent of the amount 14,582
computed for the district under section 3317.022 of the Revised 14,583
Code. 14,584
(I) If the amount computed by the department of education 14,586
under division (I)(1) of this section is less than the amount 14,587
computed under division (I)(2) of this section, add an amount 14,588
equal to the result obtained by subtracting the amount computed 14,589
under division (I)(1) from the amount computed under division 14,590
(I)(2) of this section. 14,591
The department of education shall compute both of the 14,593
following for each district: 14,594
(1) The sum of the amounts computed for the district under 14,596
section 3317.022 and division (N) of section 3317.024 of the 14,597
Revised Code for units approved under division (B) of section 14,598
3317.05 of the Revised Code. 14,599
(2) The amount the district would be entitled to receive 14,601
under section 3317.022 of the Revised Code if the ADM used in the 14,602
362
computation required by that section included the number of 14,603
full-time equivalent pupils enrolled in the units for handicapped 14,604
children approved under division (B) of section 3317.05 of the 14,605
Revised Code that are used to make the computation required by 14,606
division (N)(1)(a) of section 3317.024 of the Revised Code. 14,607
(J) If the district has received a loan from a commercial 14,609
lending institution for which payments are made by the 14,610
superintendent of public instruction pursuant to division (E)(3) 14,611
of section 3313.483 of the Revised Code, deduct an amount equal 14,612
to such payments. 14,613
(K)(1) If the district is a party to an agreement entered 14,615
into under division (D), (E), or (F) of section 3311.06 or 14,616
division (B) of section 3311.24 of the Revised Code and is 14,617
obligated to make payments to another district under such an 14,618
agreement, deduct an amount equal to such payments if the 14,619
district school board notifies the department in writing that it 14,620
wishes to have such payments deducted. 14,621
(2) If the district is entitled to receive payments from 14,623
another district that has notified the department to deduct such 14,624
payments under division (K)(1) of this section, add the amount of 14,625
such payments. 14,626
(L) If the district is required to pay an amount of funds 14,628
to a cooperative education district pursuant to a provision 14,629
described by division (B)(4) of section 3311.52 or division 14,630
(B)(8) of section 3311.521 of the Revised Code, deduct such 14,631
amounts as provided under that provision and credit those amounts 14,632
to the cooperative education district for payment to the district 14,633
under division (B)(1) of section 3317.19 of the Revised Code. 14,634
Sec. 3317.10. (A)(1) On or before the first day of March 14,644
of each year, the department of human services shall certify to 14,645
the state board of education the number of children ages five 14,646
through seventeen residing in each school district and living in 14,647
a family that received aid to dependent children PARTICIPATED IN 14,648
OHIO WORKS FIRST UNDER CHAPTER 5107. OF THE REVISED CODE during 14,650
363
the preceding October according to the school district of 14,651
residence for each child. Except as provided under division (B) 14,652
of this section, the number of children so certified in any year 14,653
shall be used by the department of education in the calculation 14,654
of the distribution of moneys for the ensuing fiscal year 14,655
provided in division (B) of section 3317.023 of the Revised Code. 14,656
(B) Upon the transfer of part of the territory of one 14,658
school district to the territory of one or more other school 14,659
districts, the department of education may adjust the number 14,660
certified under division (A)(1) of this section for any district 14,661
gaining or losing territory in such a transfer in order to take 14,662
into account the effect of the transfer on the number of children 14,663
ages five through seventeen who reside in the district and live 14,664
in a family that receives aid to dependent children PARTICIPATES 14,665
IN OHIO WORKS FIRST. Within sixty days of receipt of a request 14,668
for information from the department of education, the department 14,669
of human services shall provide any information the department of 14,670
education determines is necessary to make such adjustments. The 14,671
department of education may use the adjusted number for any 14,672
district for the applicable fiscal year in lieu of the number 14,673
certified for the district for that fiscal year under division 14,674
(A)(1) of this section in the calculation of the distribution of 14,675
moneys provided in division (B) of section 3317.023 and of the 14,677
Revised Code.
Sec. 3317.14. Any school district board of education or 14,686
educational service center governing board participating in funds 14,688
distributed under Chapter 3317. of the Revised Code shall
annually adopt a teachers' salary schedule with provision for 14,689
increments based upon training and years of service. 14,690
Notwithstanding sections 3317.13 and 3319.088 of the Revised 14,691
Code, the board may establish its own service requirements and 14,692
may grant service credit for such activities as teaching in 14,693
public or nonpublic schools in this state or in another state, 14,694
for service as an educational assistant OTHER THAN AS A CLASSROOM 14,695
364
AIDE EMPLOYED IN ACCORDANCE WITH SECTION 5107.541 OF THE REVISED 14,696
CODE, and for service in the military or in an appropriate state 14,698
or federal governmental agency, provided no teacher receives less 14,699
than the amount required to be paid pursuant to section 3317.13 14,700
of the Revised Code and provided full credit for a minimum of 14,701
five years of actual teaching and military experience as defined 14,702
in division (A) of section 3317.13 of the Revised Code is given 14,703
to each teacher. 14,704
On the fifteenth day of October of each year the salary 14,706
schedule in effect on that date in each school district and each 14,707
educational service center shall be filed with the superintendent 14,709
of public instruction. A copy of such schedule shall also 14,710
annually be filed by the board of education of each local school 14,711
district with the educational service center superintendent, who 14,712
thereupon shall certify to the treasurer of such local district 14,714
the correct salary to be paid to each teacher in accordance with 14,715
the adopted schedule.
Each teacher who has completed training which would qualify 14,717
such teacher for a higher salary bracket pursuant to this section 14,719
shall file by the fifteenth day of September with the treasurer 14,720
of the board of education or educational service center 14,721
satisfactory evidence of the completion of such additional 14,723
training. The treasurer shall then immediately place the 14,724
teacher, pursuant to this section and section 3317.13 of the 14,725
Revised Code, in the proper salary bracket in accordance with 14,726
training and years of service before certifying such salary,
training, and years of service to the superintendent of public 14,727
instruction. No teacher shall be paid less than the salary to 14,728
which such teacher is entitled pursuant to section 3317.13 of the 14,730
Revised Code.
Sec. 3319.089. THE BOARD OF EDUCATION OF ANY CITY, LOCAL, 14,733
OR EXEMPTED VILLAGE SCHOOL DISTRICT MAY ADOPT A RESOLUTION 14,734
APPROVING A CONTRACT WITH A COUNTY DEPARTMENT OF HUMAN SERVICES 14,735
UNDER SECTION 5107.541 OF THE REVISED CODE TO PROVIDE FOR A
365
PARTICIPANT OF THE WORK EXPERIENCE PROGRAM WHO HAS A CHILD 14,736
ENROLLED IN A PUBLIC SCHOOL IN THAT DISTRICT TO FULFILL THE WORK 14,738
REQUIREMENTS OF THE WORK EXPERIENCE PROGRAM BY VOLUNTEERING OR 14,739
WORKING IN THAT PUBLIC SCHOOL IN ACCORDANCE WITH SECTION 5107.541 14,741
OF THE REVISED CODE. SUCH RECIPIENTS ARE NOT EMPLOYEES OF SUCH 14,742
BOARD OF EDUCATION. 14,743
BEFORE A SCHOOL DISTRICT PLACES A PARTICIPANT IN A PUBLIC 14,745
SCHOOL UNDER THIS SECTION, THE APPOINTING OFFICER OR HIRING 14,746
OFFICER OF THE BOARD OF EDUCATION OF A SCHOOL DISTRICT SHALL 14,747
REQUEST A CRIMINAL RECORDS CHECK OF THE PARTICIPANT TO BE 14,748
CONDUCTED IN THE SAME MANNER AS REQUIRED FOR A PERSON RESPONSIBLE 14,749
FOR THE CARE, CUSTODY, OR CONTROL OF A CHILD IN ACCORDANCE WITH
SECTION 3319.39 OF THE REVISED CODE. THE RECORDS CHECK SHALL BE 14,750
CONDUCTED EVEN THOUGH THE PARTICIPANT, IF SUBSEQUENTLY HIRED, 14,751
WOULD NOT BE CONSIDERED AN EMPLOYEE OF THE SCHOOL DISTRICT FOR 14,752
PURPOSES OF WORKING AT THE SCHOOL. A PARTICIPANT SHALL NOT BE 14,753
PLACED IN A SCHOOL IF THE PARTICIPANT PREVIOUSLY HAS BEEN
CONVICTED OF OR PLEADED GUILTY TO ANY OF THE OFFENSES LISTED IN 14,754
DIVISION (B)(1)(a) OR (b) OF SECTION 3319.39 OF THE REVISED CODE. 14,756
Sec. 3701.503. As used in sections 3701.504 to 3701.507 of 14,765
the Revised Code: 14,766
(A) "Parent" means either parent, unless the parents are 14,768
separated or divorced or their marriage has been dissolved or 14,769
annulled, in which case "parent" means the parent who is the 14,770
residential parent and legal custodian. 14,771
(B) "Guardian" has the same meaning as in section 2111.01 14,773
of the Revised Code. 14,774
(C) "Custodian" means, except as used in division (A) of 14,776
this section, a government agency or an individual, other than 14,777
the parent or guardian, with legal or permanent custody of a 14,778
child as defined in divisions (B)(8)(17) and (10)(27) of section 14,780
2151.011 of the Revised Code. 14,781
(D) "Address," in the case of an individual, means the 14,783
individual's residence and, in the case of a government agency, 14,784
366
means the office at which the records pertaining to a particular 14,785
child are maintained. 14,786
(E) "Risk screening" means the identification of infants 14,788
who are at risk of hearing impairment, through the use of a 14,789
high-risk questionnaire developed by the department of health 14,790
under division (A) of section 3701.504 of the Revised Code. 14,791
(F) "Hearing assessment" means the use of audiological 14,793
procedures by or under the supervision of an audiologist licensed 14,794
under section 4753.07 of the Revised Code, or by a neurologist or 14,795
otolaryngologist, to identify infants who are at risk of hearing 14,796
impairment. 14,797
Sec. 3727.17. Each hospital shall provide a staff person 14,807
to do all of the following: 14,808
(A) Meet with each unmarried mother who gave birth in or 14,810
en route to the hospital within twenty-four hours after the birth 14,811
or before the mother is released from the hospital; 14,812
(B) Attempt to meet with the father of the unmarried 14,814
mother's child if possible; 14,815
(C) Explain to the unmarried mother and the father, if he 14,817
THE FATHER is present, the benefit to the child of establishing a 14,819
parent and child relationship between the father and the child 14,820
and the various proper procedures for establishing a parent and 14,821
child relationship; 14,822
(D) Present to the unmarried mother and, if possible, the 14,824
father, a pamphlet or statement regarding the rights and 14,825
responsibilities of a natural parent prepared by the department 14,826
of human services; 14,827
(E) Provide the unmarried mother, and if possible the 14,829
father, all forms, statements, or agreements necessary to 14,830
voluntarily establish a parent and child relationship, including 14,831
the acknowledgment of paternity form prescribed under section 14,832
2105.18 of the Revised Code and the voluntary agreement to be 14,833
bound by the results of genetic testing set forth in section 14,834
2301.373 or 3111.21 of the Revised Code; 14,835
367
(F) Upon both the mother's and father's request, help the 14,837
mother and father complete any specific form, statement, or 14,838
agreement necessary to establish a parent and child relationship; 14,839
(G) Present to an unmarried mother who is not a recipient 14,841
of medicaid or aid to dependent children A PARTICIPANT IN OHIO 14,842
WORKS FIRST an application for Title IV-D services; 14,843
(H) Upon both the mother's and father's request, mail the 14,845
voluntary acknowledgment of paternity to the probate court in the 14,846
county in which the father, the mother, or the child resides. 14,847
Sec. 4115.04. Every public authority authorized to 14,856
contract for or construct with its own forces a public 14,857
improvement, before advertising for bids or undertaking such 14,858
construction with its own forces, shall have the bureau of 14,859
employment services determine the prevailing rates of wages of 14,860
mechanics and laborers in accordance with section 4115.05 of the 14,861
Revised Code for the class of work called for by the public 14,862
improvement, in the locality where the work is to be performed. 14,863
Such schedule of wages shall be attached to and made part of the 14,864
specifications for the work, and shall be printed on the bidding 14,865
blanks where the work is done by contract. A copy of the bidding 14,866
blank shall be filed with the bureau before such contract is 14,867
awarded. A minimum rate of wages for common laborers, on work 14,869
coming under the jurisdiction of the department of 14,870
transportation, shall be fixed in each county of the state by 14,871
said department of transportation, in accordance with section 14,872
4115.05 of the Revised Code.
Sections 4115.03 to 4115.16 of the Revised Code do not 14,874
apply to:
(A) Public improvements in any case where the federal 14,876
government or any of its agencies furnishes by loan or grant all 14,878
or any part of the funds used in constructing such improvements, 14,879
provided the federal government or any of its agencies prescribes 14,880
predetermined minimum wages to be paid to mechanics and laborers 14,881
employed in the construction of such improvements; 14,882
368
(B) A participant of the subsidized employment program 14,884
established under section 5101.82 of the Revised Code IN A WORK 14,885
ACTIVITY, DEVELOPMENTAL ACTIVITY, or the AN ALTERNATIVE work 14,886
experience program established ACTIVITY under section 5101.83 14,888
SECTIONS 5107.40 TO 5107.68 of the Revised Code when a public 14,889
authority directly uses the labor of the participant to construct 14,890
a public improvement IF THE PARTICIPANT IS NOT ENGAGED IN PAID 14,892
EMPLOYMENT OR SUBSIDIZED EMPLOYMENT PURSUANT TO THE ACTIVITY; 14,893
(C) Public improvements undertaken by, or under contract 14,895
for, the board of education of any school district or the 14,896
governing board of any educational service center. 14,897
Sec. 4117.01. As used in this chapter: 14,906
(A) "Person," in addition to those included in division 14,908
(C) of section 1.59 of the Revised Code, includes employee 14,909
organizations, public employees, and public employers. 14,910
(B) "Public employer" means the state or any political 14,912
subdivision of the state located entirely within the state, 14,913
including, without limitation, any municipal corporation with a 14,914
population of at least five thousand according to the most recent 14,915
federal decennial census; county; township with a population of 14,916
at least five thousand in the unincorporated area of the township 14,917
according to the most recent federal decennial census; school 14,918
district; state institution of higher learning; public or special 14,920
district; state agency, authority, commission, or board; or other 14,921
branch of public employment.
(C) "Public employee" means any person holding a position 14,923
by appointment or employment in the service of a public employer, 14,924
including any person working pursuant to a contract between a 14,925
public employer and a private employer and over whom the national 14,926
labor relations board has declined jurisdiction on the basis that 14,927
the involved employees are employees of a public employer, 14,928
except: 14,929
(1) Persons holding elective office; 14,931
(2) Employees of the general assembly and employees of any 14,933
369
other legislative body of the public employer whose principal 14,934
duties are directly related to the legislative functions of the 14,935
body; 14,936
(3) Employees on the staff of the governor or the chief 14,938
executive of the public employer whose principal duties are 14,939
directly related to the performance of the executive functions of 14,940
the governor or the chief executive; 14,941
(4) Persons who are members of the organized militia, 14,943
while on active duty; 14,944
(5) Employees of the state employment relations board; 14,946
(6) Confidential employees; 14,948
(7) Management level employees; 14,950
(8) Employees and officers of the courts, assistants to 14,952
the attorney general, assistant prosecuting attorneys, and 14,953
employees of the clerks of courts who perform a judicial 14,954
function; 14,955
(9) Employees of a public official who act in a fiduciary 14,957
capacity, appointed pursuant to section 124.11 of the Revised 14,958
Code; 14,959
(10) Supervisors; 14,961
(11) Students whose primary purpose is educational 14,963
training, including graduate assistants or associates, residents, 14,964
interns, or other students working as part-time public employees 14,965
less than fifty per cent of the normal year in the employee's 14,966
bargaining unit; 14,967
(12) Employees of county boards of election; 14,969
(13) Seasonal and casual employees as determined by the 14,971
state employment relations board; 14,972
(14) Part-time faculty members of an institution of higher 14,974
education; 14,975
(15) Employees of the state personnel board of review; 14,977
(16) Employees of the board of directors of the Ohio 14,979
low-level radioactive waste facility development authority 14,980
created in section 3747.05 of the Revised Code.; 14,981
370
(17) Participants of the subsidized employment program 14,983
established under section 5101.82 of the Revised Code or the work 14,985
experience program established under section 5101.83 IN A WORK 14,987
ACTIVITY, DEVELOPMENTAL ACTIVITY, OR ALTERNATIVE WORK ACTIVITY 14,988
UNDER SECTIONS 5107.40 TO 5107.68 of the Revised Code who perform 14,991
a service for a public employer that the public employer needs 14,992
but is not performed by an employee of the public employer IF THE 14,994
PARTICIPANT IS NOT ENGAGED IN PAID EMPLOYMENT OR SUBSIDIZED 14,995
EMPLOYMENT PURSUANT TO THE ACTIVITY. 14,996
(D) "Employee organization" means any labor or bona fide 14,998
organization in which public employees participate and that 14,999
exists for the purpose, in whole or in part, of dealing with 15,000
public employers concerning grievances, labor disputes, wages, 15,001
hours, terms, and other conditions of employment. 15,002
(E) "Exclusive representative" means the employee 15,004
organization certified or recognized as an exclusive 15,005
representative under section 4117.05 of the Revised Code. 15,006
(F) "Supervisor" means any individual who has authority, 15,008
in the interest of the public employer, to hire, transfer, 15,009
suspend, lay off, recall, promote, discharge, assign, reward, or 15,010
discipline other public employees; to responsibly direct them; to 15,011
adjust their grievances; or to effectively recommend such action, 15,012
if the exercise of that authority is not of a merely routine or 15,013
clerical nature, but requires the use of independent judgment, 15,014
provided that: 15,015
(1) Employees of school districts who are department 15,017
chairmen CHAIRPERSONS or consulting teachers shall not be deemed 15,018
supervisors; 15,019
(2) With respect to members of a police or fire 15,021
department, no person shall be deemed a supervisor except the 15,022
chief of the department or those individuals who, in the absence 15,023
of the chief, are authorized to exercise the authority and 15,024
perform the duties of the chief of the department. Where prior 15,025
to June 1, 1982, a public employer pursuant to a judicial 15,026
371
decision, rendered in litigation to which the public employer was 15,027
a party, has declined to engage in collective bargaining with 15,028
members of a police or fire department on the basis that those 15,029
members are supervisors, those members of a police or fire 15,030
department do not have the rights specified in this chapter for 15,031
the purposes of future collective bargaining. The state 15,032
employment relations board shall decide all disputes concerning 15,033
the application of division (F)(2) of this section. 15,034
(3) With respect to faculty members of a state institution 15,036
of higher education, heads of departments or divisions are 15,037
supervisors; however, no other faculty member or group of faculty 15,038
members is a supervisor solely because the faculty member or 15,039
group of faculty members participate in decisions with respect to 15,040
courses, curriculum, personnel, or other matters of academic 15,041
policy; 15,042
(4) No teacher as defined in section 3319.09 of the 15,044
Revised Code shall be designated as a supervisor or a management 15,045
level employee unless the teacher is employed under a contract 15,046
governed by section 3319.01, 3319.011, or 3319.02 of the Revised 15,047
Code and is assigned to a position for which a license deemed to 15,049
be for administrators under state board rules is required 15,050
pursuant to section 3319.22 of the Revised Code.
(G) "To bargain collectively" means to perform the mutual 15,052
obligation of the public employer, by its representatives, and 15,053
the representatives of its employees to negotiate in good faith 15,054
at reasonable times and places with respect to wages, hours, 15,055
terms, and other conditions of employment and the continuation, 15,056
modification, or deletion of an existing provision of a 15,057
collective bargaining agreement, with the intention of reaching 15,058
an agreement, or to resolve questions arising under the 15,059
agreement. "To bargain collectively" includes executing a 15,060
written contract incorporating the terms of any agreement 15,061
reached. The obligation to bargain collectively does not mean 15,062
that either party is compelled to agree to a proposal nor does it 15,063
372
require the making of a concession. 15,064
(H) "Strike" means continuous concerted action in failing 15,066
to report to duty; willful absence from one's position; or 15,067
stoppage of work in whole from the full, faithful, and proper 15,068
performance of the duties of employment, for the purpose of 15,069
inducing, influencing, or coercing a change in wages, hours, 15,070
terms, and other conditions of employment. "Strike" does not
include a stoppage of work by employees in good faith because of 15,071
dangerous or unhealthful working conditions at the place of 15,072
employment that are abnormal to the place of employment. 15,073
(I) "Unauthorized strike" includes, but is not limited to, 15,075
concerted action during the term or extended term of a collective 15,076
bargaining agreement or during the pendency of the settlement 15,077
procedures set forth in section 4117.14 of the Revised Code in 15,078
failing to report to duty; willful absence from one's position; 15,079
stoppage of work; slowdown, or abstinence in whole or in part
from the full, faithful, and proper performance of the duties of 15,080
employment for the purpose of inducing, influencing, or coercing 15,081
a change in wages, hours, terms, and other conditions of 15,082
employment. "Unauthorized strike" includes any such action, 15,083
absence, stoppage, slowdown, or abstinence when done partially or 15,084
intermittently, whether during or after the expiration of the
term or extended term of a collective bargaining agreement or 15,085
during or after the pendency of the settlement procedures set 15,086
forth in section 4117.14 of the Revised Code. 15,087
(J) "Professional employee" means any employee engaged in 15,089
work that is predominantly intellectual, involving the consistent 15,091
exercise of discretion and judgment in its performance and 15,092
requiring knowledge of an advanced type in a field of science or 15,093
learning customarily acquired by a prolonged course in an
institution of higher learning or a hospital, as distinguished 15,094
from a general academic education or from an apprenticeship; or 15,095
an employee who has completed the courses of specialized 15,096
intellectual instruction and is performing related work under the 15,097
373
supervision of a professional person to become qualified as a 15,099
professional employee.
(K) "Confidential employee" means any employee who works 15,101
in the personnel offices of a public employer and deals with 15,102
information to be used by the public employer in collective 15,103
bargaining; or any employee who works in a close continuing 15,104
relationship with public officers or representatives directly 15,105
participating in collective bargaining on behalf of the employer. 15,106
(L) "Management level employee" means an individual who 15,108
formulates policy on behalf of the public employer, who 15,109
responsibly directs the implementation of policy, or who may 15,110
reasonably be required on behalf of the public employer to assist 15,111
in the preparation for the conduct of collective negotiations, 15,112
administer collectively negotiated agreements, or have a major 15,113
role in personnel administration. Assistant superintendents, 15,114
principals, and assistant principals whose employment is governed 15,115
by section 3319.02 of the Revised Code are management level 15,116
employees. With respect to members of a faculty of a state 15,117
institution of higher education, no person is a management level 15,118
employee because of the person's involvement in the formulation 15,119
or implementation of academic or institution policy. 15,120
(M) "Wages" means hourly rates of pay, salaries, or other 15,122
forms of compensation for services rendered. 15,123
(N) "Member of a police department" means a person who is 15,125
in the employ of a police department of a municipal corporation 15,126
as a full-time regular police officer as the result of an 15,128
appointment from a duly established civil service eligibility
list or under section 737.15 or 737.16 of the Revised Code, a 15,129
full-time deputy sheriff appointed under section 311.04 of the 15,130
Revised Code, a township constable appointed under section 509.01 15,132
of the Revised Code, or a member of a township police district 15,133
police department appointed under section 505.49 of the Revised 15,134
Code.
(O) "Members of the state highway patrol" means highway 15,136
374
patrol troopers and radio operators appointed under section 15,137
5503.01 of the Revised Code. 15,138
(P) "Member of a fire department" means a person who is in 15,140
the employ of a fire department of a municipal corporation or a 15,141
township as a fire cadet, full-time regular fire fighter, or 15,142
promoted rank as the result of an appointment from a duly 15,143
established civil service eligibility list or under section 15,144
505.38, 709.012, or 737.22 of the Revised Code. 15,145
(Q) "Day" means calendar day. 15,147
Sec. 4123.27. Information contained in the annual 15,156
statement provided for in section 4123.26 of the Revised Code, 15,157
and such other information as may be furnished to the bureau of 15,158
workers' compensation by employers in pursuance of that section, 15,159
or as the bureau develops or creates, and records kept by the 15,161
division of safety and hygiene pertaining to workplace injuries 15,162
and illnesses or occupational safety and health conditions in 15,163
specific workplaces, including, but not limited to, industrial 15,164
hygiene reports, ergonomic survey reports, team approach reports, 15,165
safety consultant reports, accident investigation reports, loss 15,166
control analysis reports, and illness and injury data pertaining 15,167
to specific workplaces, are for the exclusive use and information 15,168
of the bureau in the discharge of its official duties, and shall 15,169
not be open to the public nor be used in any court in any action 15,170
or proceeding pending therein unless the bureau is a party to the 15,171
action or proceeding; but the information contained in the 15,172
statement may be tabulated and published by the bureau in 15,173
statistical form for the use and information of other state 15,174
departments and the public. No person in the employ of the 15,175
bureau, except those who are authorized by the administrator of 15,176
workers' compensation, shall divulge any information secured by 15,177
the person while in the employ of the bureau in respect to the 15,179
transactions, property, claim files, records, or papers of the 15,181
bureau or in respect to the business or mechanical, chemical, or 15,183
other industrial process of any company, firm, corporation, 15,184
375
person, association, partnership, or public utility to any person 15,185
other than the administrator or to the superior of such employee
of the bureau. 15,186
Notwithstanding the restrictions imposed by this section, 15,188
the governor, select or standing committees of the general 15,189
assembly, the auditor of state, the attorney general, or their 15,190
designees, pursuant to the authority granted in this chapter and 15,191
Chapter 4121. of the Revised Code, may examine any records, claim 15,192
files, or papers in possession of the industrial commission or 15,193
the bureau. They also are bound by the privilege that attaches 15,194
to these papers. 15,195
The administrator shall report to the director of human 15,197
services or to the county director of human services the name, 15,198
address, and social security number or other identification 15,199
number of any person receiving workers' compensation whose name 15,200
or social security number or other identification number is the 15,201
same as that of a person required by a court or child support 15,202
enforcement agency to provide support payments to a recipient OR 15,203
PARTICIPANT of public assistance, and whose name is submitted to 15,204
the administrator by the director under section 5101.36 of the 15,205
Revised Code. The administrator also shall inform the director 15,206
of the amount of workers' compensation paid to the person during 15,207
such period as the director specifies. 15,208
Within fourteen days after receiving from the director of 15,210
human services a list of the names and social security numbers of 15,211
recipients OR PARTICIPANTS of public assistance pursuant to 15,212
section 5101.181 of the Revised Code, the administrator shall 15,214
inform the auditor of state of the name, current or most recent 15,215
address, and social security number of each person receiving 15,216
workers' compensation pursuant to this chapter whose name and 15,217
social security number are the same as that of a person whose 15,218
name or social security number was submitted by the director. 15,219
The administrator also shall inform the auditor of state of the 15,220
amount of workers' compensation paid to the person during such 15,221
376
period as the director specifies. 15,222
The bureau and its employees, except for purposes of 15,224
furnishing the auditor of state with information required by this 15,225
section, shall preserve the confidentiality of recipients OR 15,226
PARTICIPANTS of public assistance in compliance with division (A) 15,227
of section 5101.181 of the Revised Code. 15,229
For the purposes of this section, "public assistance" means 15,231
medical assistance provided through the medical assistance 15,232
program established under section 5111.01 of the Revised Code, 15,233
aid to dependent children OHIO WORKS FIRST provided under Chapter 15,235
5107. of the Revised Code, or disability assistance provided 15,236
under Chapter 5115. of the Revised Code. 15,237
Sec. 4141.16. (A) The administrator of the bureau of 15,246
employment services shall make available, upon request, to the 15,247
director of human services or to the county directors of human 15,248
services in the state the name, address, ordinary occupation, and 15,249
employment status of each recipient of unemployment benefits 15,250
under this chapter, and a statement of such recipient's rights to 15,251
further benefits under this chapter. 15,252
(B) The administrator shall also furnish, upon request of 15,254
a public agency administering or supervising the administration 15,255
of a state plan approved under part A of Title IV of the "Social 15,256
Security Act," 49 Stat. 627 (1935), 42 U.S.C.A. 601, or of a 15,257
public agency charged with any duty or responsibility under any 15,258
program or activity authorized or required under part D of Title 15,259
IV of such act, information with respect to any individual 15,260
specified in the request as to: 15,261
(1) Whether the individual is receiving, has received, or 15,263
has made application for unemployment compensation, and the 15,264
amount of any compensation being received by the individual; 15,265
(2) The current or most recent home address of the 15,267
individual; 15,268
(3) Whether the individual has refused an offer of 15,270
employment and, if so, a description of the employment so offered 15,271
377
and the terms, conditions, and rate of pay therefor. 15,272
The public agency shall pay to the bureau of employment 15,274
services the actual costs of furnishing the information described 15,275
in this division, as provided in the "Unemployment Compensation 15,276
Amendments of 1976," 90 Stat. 2667, 42 U.S.C. 603a. 15,277
(C)(1) The administrator shall disclose, upon request, to 15,279
officers, agents, or employees of any state or local child 15,280
support enforcement agency, any wage information contained in the 15,281
records of the bureau of employment services with respect to an 15,282
individual identified in the request. 15,283
(2) The officer, agent, or employee of the state or local 15,285
child support enforcement agency shall state in the request that 15,286
the wage information shall be used only for the purpose of 15,287
establishing and collecting child support obligations from, and 15,288
locating, individuals owing these obligations which are being 15,289
enforced pursuant to a plan described in section 454 of the 15,290
"Social Security Act," 88 Stat. 2354 (1975), 42 U.S.C.A. 654, 15,291
which has been approved by the United States secretary of health 15,292
and human services under part D of Title IV of the "Social 15,293
Security Act," 88 Stat. 2351 (1975), 42 U.S.C.A. 651. 15,294
(3) State and local child support enforcement agencies, 15,296
pursuant to section 303(d) of the "Social Security Act," 94 Stat. 15,297
441 (1980), 42 U.S.C.A. 503, as set forth in the "Social Security 15,298
Disability Amendments of 1980," section 408(B) of P.L. 96-265, 15,299
shall pay to the bureau the actual costs of furnishing the 15,300
information described in this division. 15,301
(4) Requirements with respect to the confidentiality of 15,303
information obtained in the administration of this chapter and 15,304
any sanctions imposed on improper disclosure of information 15,305
obtained therein shall apply to the redisclosure of information 15,306
disclosed under this section. 15,307
(D) The administrator also shall furnish, as required by 15,309
section 303(h) of the "Social Security Act," to the United States 15,310
secretary of health and human services, and on a reimbursable 15,311
378
basis, prompt access to wage and claims information, including 15,312
any information useful in locating an absent parent or such 15,313
parent's employer for use by the "Parent Locator Service," 15,314
section 453, part D of Title IV of the "Social Security Act" and 15,315
as required under section 303(h) of such act. 15,316
(E)(1) If the director of human services determines that 15,318
direct, on-line access to the automated information system 15,319
maintained by the bureau of employment services is an effective 15,320
and efficient means of obtaining necessary information to aid in 15,321
the enforcement or collection of child support obligations, the 15,322
director shall make a written request to the administrator of the 15,323
bureau of employment services to permit the following to have 15,324
direct, on-line access to the information system: 15,325
(a) The department of human services; 15,327
(b) Officers, agents, or employees of a state or local 15,329
child support enforcement agency of this state or of another 15,330
state as designated by the director; 15,331
(c) Officers, agents, or employees of any private agency 15,333
designated by the director that is operating pursuant to a 15,334
contract entered into with a state or local child support 15,335
enforcement agency of this state for the exchange of information 15,336
related to the enforcement and collection of child support 15,337
obligations. 15,338
(2) The director of human services shall not designate 15,340
pursuant to division (E)(1) of this section a state or local 15,341
child support enforcement agency of this state or of another 15,342
state or any private agency to have access to the automated 15,343
information system maintained by the bureau unless he THE 15,344
DIRECTOR also determines that on-line direct access to the 15,346
bureau's automated information system by that agency is necessary 15,347
for the implementation of a child support enforcement program 15,348
operating pursuant to a plan described in section 454 of the 15,349
"Social Security Act," 88 Stat. 2354 (1975), 42 U.S.C.A. 654, 15,350
that has been approved by the secretary of health and human 15,351
379
services under part D of Title IV of the "Social Security Act," 15,352
88 Stat. 2351 (1975), 42 U.S.C.A. 651. 15,353
(3) Upon receipt of a request made under division (E)(1) 15,355
of this section, the administrator of the bureau shall comply 15,356
with the request and shall adopt rules pursuant to this section 15,357
and section 111.15 of the Revised Code to regulate access to the 15,358
bureau's automated information system. The rules shall include a 15,359
confidentiality requirement that conforms to division (E)(5) of 15,360
this section. 15,361
(4)(a) State and local child support enforcement agencies, 15,363
pursuant to section 303(d) of the "Social Security Act," 94 Stat. 15,364
441 (1980), 42 U.S.C.A. 503, as set forth in the "Social Security 15,365
Disability Amendments of 1980," section 408(B) of P.L. 96-265, 15,366
shall pay to the bureau the actual costs to the bureau of 15,367
accessing its automated information system. 15,368
(b) Any private agency designated by the director of human 15,370
services pursuant to division (E)(1) of this section that is 15,371
operating pursuant to a contract entered into with a state or 15,372
local child support enforcement agency of this state for the 15,373
exchange of information related to the enforcement and collection 15,374
of child support obligations shall pay or provide contractually 15,375
for the payment of the actual costs to the bureau of accessing 15,376
its automated information system. 15,377
(5) The requirements with respect to the confidentiality 15,379
of information obtained in the administration of this chapter and 15,380
any sanctions imposed on improper disclosure of information 15,381
obtained in the administration of this chapter shall apply to any 15,382
information obtained pursuant to division (E) of this section 15,383
through on-line access to the bureau's automated information 15,384
system. 15,385
(F) The director of human services, his THE DIRECTOR'S 15,387
employees, and other individuals to whom information is made 15,389
available pursuant to this section are subject to section 4141.22 15,390
of the Revised Code and the penalty for violation of that section 15,391
380
as specified in section 4141.99 of the Revised Code. 15,392
(G) As used in this section, "state or local child support 15,394
enforcement agency" means either of the following: 15,395
(1) In this state, the department of human services, the 15,397
division of child support created pursuant to section 5101.31 of 15,398
the Revised Code, or a child support enforcement agency 15,399
designated by the board of county commissioners pursuant to 15,400
section 2301.35 of the Revised Code; 15,401
(2) In a state other than this state, any agency of a 15,403
state or of a political subdivision of a state operating pursuant 15,404
to a plan described in section 454 of the "Social Security Act," 15,405
which has been approved by the secretary of health and human 15,406
services under part D of Title IV of the "Social Security Act." 15,407
Sec. 4141.162. (A) The administrator of the bureau of 15,416
employment services shall establish an income and eligibility 15,417
verification system that complies with section 1137 of the 15,418
"Social Security Act." The programs included in the system are: 15,419
(1) Unemployment compensation pursuant to section 3304 of 15,421
the "Internal Revenue Code of 1954"; 15,422
(2) Aid to families with dependent children pursuant to 15,424
THE STATE PROGRAM FUNDED IN PART UNDER part A of Title IV of the 15,425
"Social Security Act" AND ADMINISTERED UNDER CHAPTER 5107. OF THE 15,426
REVISED CODE;
(3) Medicaid assistance pursuant to Title XIX of the 15,428
"Social Security Act"; 15,429
(4) Food stamps pursuant to the "Food Stamp Act of 1977," 15,431
91 Stat. 958, 7 U.S.C.A. 2012 2011, as amended; 15,432
(5) Any Ohio program under a plan approved under Title I, 15,434
X, XIV, or XVI of the "Social Security Act." 15,435
Wage information provided by employers to the bureau shall 15,437
be furnished to the income and eligibility verification system. 15,438
Such information shall be used by the bureau to determine 15,439
eligibility of individuals for unemployment compensation benefits 15,440
and the amount of those benefits and used by the agencies that 15,441
381
administer the programs identified in divisions (A)(2) to (5) of 15,442
this section to determine or verify eligibility for or the amount 15,443
of benefits under those programs. 15,444
The bureau shall fully implement the use of wage 15,446
information to determine eligibility for and the amount of 15,447
unemployment compensation benefits by September 30, 1988. 15,448
Information furnished under the system shall also be made 15,450
available to the appropriate state or local child support 15,451
enforcement agency for the purposes of an approved plan under 15,452
part D of Title IV IV-D of the "Social Security Act" and to the 15,454
appropriate federal agency for the purposes of Titles II and XVI 15,455
of the "Social Security Act." 15,456
(B) The administrator shall adopt rules as necessary under 15,458
which the bureau of employment services, the department of human 15,459
services, and other state agencies the administrator determines 15,460
must participate in order to ensure compliance with section 1137 15,461
of the "Social Security Act" exchange information with each other 15,462
or authorized federal agencies about individuals who are 15,463
applicants for or recipients of benefits under any of the 15,464
programs enumerated in division (A) of this section. The rules 15,465
shall extend to: 15,466
(1) A requirement for standardized formats and procedures 15,468
for a participating agency to request and receive information 15,469
about an individual, which information shall include the 15,470
individual's social security number; 15,471
(2) A requirement that all applicants for and recipients 15,473
of benefits under any program enumerated in division (A) of this 15,474
section be notified at the time of application, and periodically 15,475
thereafter, that information available through the system may be 15,476
shared with agencies that administer other benefit programs and 15,477
utilized in establishing or verifying eligibility or benefit 15,478
amounts under the other programs enumerated in division (A) of 15,479
this section; 15,480
(3) A requirement that information is made available only 15,482
382
to the extent necessary to assist in the valid administrative 15,483
needs of the program receiving the information and is targeted 15,484
for use in ways which are most likely to be productive in 15,485
identifying and preventing ineligibility and incorrect payments; 15,486
(4) A requirement that information is adequately protected 15,488
against unauthorized disclosures for purposes other than to 15,489
establish or verify eligibility or benefit amounts under the 15,490
programs enumerated in division (A) of this section; 15,491
(5) A requirement that a program providing information is 15,493
reimbursed by the program using the information for the actual 15,494
costs of furnishing the information and that the administrator be 15,495
reimbursed by the participating programs for any actual costs 15,496
incurred in operating the system; 15,497
(6) Requirements for any other matters necessary to ensure 15,499
the effective, efficient, and timely exchange of necessary 15,500
information or that the administrator determines must be 15,501
addressed in order to ensure compliance with the requirements of 15,502
section 1137 of the "Social Security Act." 15,503
(C) Each participating agency shall furnish to the income 15,505
and eligibility verification system established in division (A) 15,506
of this section that information, which the administrator, by 15,507
rule, determines is necessary in order to comply with section 15,508
1137 of the "Social Security Act." 15,509
(D) Notwithstanding the information disclosure 15,511
requirements of this section and sections 4141.16, 4141.161, 15,512
4141.21, and division (D)(4)(a) of section 4141.28 of the Revised 15,513
Code, the administrator shall administer those provisions of law 15,514
so as to comply with section 1137 of the "Social Security Act." 15,515
(E) Requirements in section 4141.21 of the Revised Code 15,517
with respect to confidentiality of information obtained in the 15,518
administration of Chapter 4141. of the Revised Code and any 15,519
sanctions imposed for improper disclosure of such information 15,520
shall apply to the redisclosure of information disclosed under 15,521
this section. 15,522
383
Sec. 4141.163. The administrator of the bureau of 15,531
employment services shall disclose wage information, as defined 15,532
by the administrator, to a requesting agency only by agreement 15,533
between the agency and the administrator. The administrator 15,534
shall be paid by the requesting agency for the actual cost of 15,535
providing the information. 15,536
As used in this section, "requesting agency" means a state 15,538
agency, including the auditor of state, charged with the 15,539
responsibility of enforcing any of the following: 15,540
(A) The aid to families of dependent children STATE 15,542
program FUNDED IN PART under part A of Title IV of the "Social 15,543
Security Act" AND ADMINISTERED UNDER CHAPTER 5107. OF THE REVISED 15,544
CODE;
(B) The medical assistance program under Title XIX of the 15,546
"Social Security Act"; 15,547
(C) The food stamp program under the "Food Stamp Act of 15,549
1977"; 15,550
(D) A program under a plan approved under Title I, X, XIV, 15,552
or XVI of the "Social Security Act." 15,553
Information disclosed under this section shall be used only 15,555
for the enforcement of the programs listed in divisions (A) to 15,556
(D) of this section. Requirements with respect to the 15,557
confidentiality of information obtained in the administration of 15,558
Chapter 4141. of the Revised Code and any sanctions imposed for 15,559
improper disclosure of information obtained therein shall apply 15,560
to the redisclosure of information disclosed under this section. 15,561
Sec. 4141.28. (A) Applications for determination of 15,570
benefit rights and claims for benefits shall be filed with a 15,571
deputy of the administrator of the bureau of employment services 15,572
designated for the purpose. Such applications and claims may 15,573
also be filed with an employee of another state or federal agency 15,574
or with an employee of the unemployment insurance commission of 15,575
Canada, charged with the duty of accepting applications and 15,576
claims for unemployment benefits. 15,577
384
When a former employee of a state agency, board, or 15,579
commission that has terminated its operations files an 15,580
application under this division, the former employee shall give 15,581
notice that the agency, board, or commission has terminated its 15,582
operations. All notices or information required to be sent under 15,583
this chapter to or furnished by the applicant's employer shall be 15,584
sent to or furnished by the director of administrative services. 15,585
(B)(1) When an unemployed individual files an application 15,587
for determination of benefit rights, the administrator shall 15,588
furnish the individual with the information specified in division 15,590
(A) of section 4141.321 of the Revised Code and with a pamphlet 15,591
giving instructions for the steps an applicant may take if the 15,592
applicant's claim for benefits is disallowed. The pamphlet shall 15,594
state the applicant's right of appeal, clearly describe the 15,595
different levels of appeal, and explain where and when each 15,596
appeal must be filed. In filing an application, the individual 15,597
shall, for the individual's most recent employment, furnish the 15,598
administrator with either:
(a) The information furnished by the employer as provided 15,600
for in division (B)(2) of this section; 15,601
(b) The name and address of the employer for whom the 15,603
individual performed services and the individual's written 15,604
statement of the reason for separation from the employer. 15,605
Where the claimant has furnished information in accordance 15,607
with division (B)(1)(b) of this section, the administrator shall 15,608
promptly send a notice in writing that such filing has been made 15,609
to the individual's most recent employer, which notice shall 15,610
request from the employer the reason for the individual's 15,611
unemployment. The notice shall inform such employer of the 15,612
employer's right, upon request, to be present at a fact-finding 15,614
interview conducted prior to the making of any determination 15,615
under that division. Upon receipt of any request, the claimant 15,616
and the employer making the request shall have at least three 15,617
days' prior notice of the time and place of the fact-finding 15,618
385
interview. In the conduct of the interview, the administrator is 15,619
not bound by rules of evidence or of procedure for the conduct of 15,620
hearings. The administrator may request from any base period 15,621
employer information necessary for the determination of the 15,622
applicant's rights to benefits. Information as to the reason for 15,623
unemployment preceding an additional claim shall be obtained in 15,624
the same manner. Requests for such information shall be stamped 15,625
by the administrator with the date on which they are mailed. If 15,626
the employer fails to mail or deliver such information within ten 15,627
working days from the date the administrator mailed and date 15,628
stamped such request, and if necessary to assure prompt payment 15,629
of benefits when due, the administrator shall make the 15,630
determination, and shall base the determination on such 15,631
information as is available to the administrator, which shall 15,633
include the applicant's statement made under division (B)(1)(b) 15,634
of this section. The determination, as it relates to the 15,635
claimant's determination of benefit rights, shall be amended upon 15,636
receipt of correct remuneration information at any time within 15,637
the benefit year and any benefits paid and charged to an
employer's account prior to the receipt of such information shall 15,638
be adjusted, effective as of the beginning of the claimant's 15,639
benefit year. 15,640
(2) An employer who separates within any seven-day period 15,642
fifty or more individuals because of lack of work, and these 15,643
individuals upon separation will be unemployed as defined in 15,644
division (R) of section 4141.01 of the Revised Code, shall 15,645
furnish notice to the administrator of the dates of separation 15,646
and the approximate number of individuals being separated. The 15,647
notice shall be furnished at least three working days prior to 15,648
the date of the first day of such separations. In addition, at 15,649
the time of separation the employer shall furnish to the 15,650
individual being separated or to the administrator separation 15,651
information necessary to determine the individual's eligibility, 15,652
on forms and in a manner approved by the administrator. 15,653
386
An employer who operates multiple business establishments 15,655
at which both the effective authority for hiring and separation 15,656
of employees and payroll information is located and who, because 15,657
of lack of work, separates a total of fifty or more individuals 15,658
at two or more business establishments is exempt from the first 15,659
paragraph of division (B)(2) of this section. This paragraph 15,660
shall not be construed to relieve an employer who operates 15,661
multiple business establishments from complying with division 15,662
(B)(2) of this section where the employer separates fifty or more 15,663
individuals at any business establishment within a seven-day 15,664
period. 15,665
An employer of individuals engaged in connection with the 15,667
commercial canning or commercial freezing of fruits and 15,668
vegetables is exempt from the provision of division (B)(2) of 15,669
this section that requires an employer to furnish notice of 15,670
separation at least three working days prior to the date of the 15,671
first day of such separations. 15,672
(3) Where an individual at the time of filing an 15,674
application for determination of benefit rights furnishes 15,675
separation information provided by the employer or where the 15,676
employer has provided the administrator with the information in 15,677
accordance with division (B)(2) of this section, the 15,678
administrator shall make a determination of eligibility on the 15,679
basis of the information furnished. The administrator shall 15,680
promptly notify all interested parties under division (D)(1) of 15,681
this section of the determination. 15,682
(4) Where an employer has furnished separation information 15,684
under division (B)(2) of this section which is insufficient to 15,685
enable the administrator to make a determination of a claim for 15,686
benefits of an individual, or where the individual fails at the 15,687
time of filing an application for determination of benefit rights 15,688
to produce the separation information furnished by an employer, 15,689
the administrator shall follow the provisions specified in 15,690
division (B)(1) of this section. 15,691
387
(C) The administrator or the administrator's deputy shall 15,693
promptly examine any application for determination of benefit 15,694
rights filed, and on the basis of any facts found by the 15,695
administrator or deputy shall determine whether or not the 15,696
application is valid, and if valid, the date on which the benefit 15,697
year shall commence and the weekly benefit amount. The claimant, 15,699
the most recent employer, and any other employer in the
claimant's base period shall promptly be notified of the 15,700
determination and the reasons therefor. In addition, the 15,701
determination issued to the claimant shall include the total 15,702
amount of benefits payable, and the determination issued to each 15,703
chargeable base period employer shall include the total amount of 15,704
benefits which may be charged to the employer's account. 15,705
(D)(1) The administrator or the administrator's deputy 15,707
shall examine the first claim for benefits filed in any benefit 15,708
year, and any additional claim, and on the basis of any facts 15,709
found by the administrator or deputy shall determine whether 15,710
division (D) of section 4141.29 of the Revised Code is applicable 15,711
to the claimant's most recent separation and, to the extent 15,712
necessary, prior separations from work, and whether the 15,713
separation reason is qualifying or disqualifying for the ensuing 15,714
period of unemployment. Notice of such determination shall be 15,715
mailed to the claimant, the claimant's most recent employer, and 15,716
any other employer involved in the determination. 15,717
(a) Whenever the administrator has reason to believe that 15,719
the unemployment of twenty-five or more individuals relates to a 15,720
labor dispute, the administrator shall, within five calendar days 15,721
after their claims are filed, schedule a hearing concerning the 15,722
reason for unemployment. Notice of the hearing shall be sent to 15,723
all interested parties, including the duly authorized 15,724
representative of the parties, as provided in division (D)(1) of 15,725
this section. The hearing date shall be scheduled so as to 15,726
provide at least ten days' prior notice of the time and date of 15,727
the hearing. A similar hearing, in such cases, may be scheduled 15,728
388
when there is a dispute as to the duration or ending date of the 15,729
labor dispute. 15,730
(b) The administrator shall appoint a hearing officer to 15,732
conduct the hearing of the case under division (D)(1)(a) of this 15,733
section. The hearing officer is not bound by common law or 15,734
statutory rules of evidence or by technical or formal rules of 15,735
procedure, but shall take any steps that are reasonable and 15,736
necessary to obtain the facts and determine whether the claimants 15,737
are entitled to benefits under the law. The failure of any 15,738
interested party to appear at the hearing shall not preclude a 15,739
decision based upon all the facts available to the hearing 15,740
officer. The proceeding at the hearing shall be recorded by 15,741
mechanical means or by other means prescribed by the 15,742
administrator. The record need not be transcribed unless an 15,743
application for appeal is filed on the decision and the 15,744
chairperson of the unemployment compensation review commission 15,746
requests a transcript of the hearing within fourteen days after 15,747
the application for appeal is received by the commission. The 15,748
administrator shall prescribe rules concerning the conduct of the 15,750
hearings and all related matters and appoint an attorney to 15,751
direct the operation of this function.
(c) The administrator shall issue the hearing officer's 15,753
decisions and reasons therefor on the case within ten calendar 15,754
days after the hearing. The hearing officer's decision issued by 15,755
the administrator is final unless an application for appeal is 15,756
filed with the review commission within twenty-one days after the 15,758
decision was mailed to all interested parties. The administrator 15,759
may, within the twenty-one-day appeal period, remove and vacate 15,760
the decision and issue a revised determination and appeal date. 15,761
(d) Upon receipt of the application for appeal, the full 15,763
review commission shall review the administrator's decision and 15,765
either schedule a further hearing on the case or disallow the 15,766
application. The review commission shall review the 15,767
administrator's decision within fourteen days after receipt of 15,768
389
the decision or the receipt of a transcript requested under 15,769
division (D)(1)(b) of this section, whichever is later. 15,770
(i) When a further hearing is granted, the commission 15,772
shall make the administrator's decision and record of the case, 15,774
as certified by the administrator, a part of the record and shall 15,775
consider the administrator's decision and record in arriving at a 15,776
decision on the case. The commission's decision affirming, 15,778
modifying, or reversing the administrator's decision, following 15,779
the further appeal, shall be mailed to all interested parties 15,780
within fourteen days after the hearing. 15,781
(ii) A decision of the disallowance of a further appeal 15,783
shall be mailed to all interested parties within fourteen days 15,784
after the commission makes the decision to disallow. The 15,785
disallowance is deemed an affirmation of the administrator's 15,787
decision.
(iii) The time limits specified in divisions (D)(1)(a), 15,789
(b), (c), and (d) of this section may be extended by agreement of 15,790
all interested parties or for cause beyond the control of the 15,791
administrator or the commission. 15,792
(e) An appeal of the commission's decision issued under 15,794
division (D)(1)(d) of this section may be taken to the court of 15,795
common pleas as provided in division (O) of this section. 15,796
(f) A labor dispute decision involving fewer than 15,798
twenty-five individuals shall be determined under division (D)(1) 15,799
of this section and the review commission shall determine any 15,801
appeal from the decision pursuant to division (M) of this section 15,802
and within the time limits provided in division (D)(1)(d) of this 15,803
section. 15,804
(2) The administrator or the administrator's deputy shall 15,806
also examine each continued claim for benefits filed, and on the 15,808
basis of any facts found by the administrator or the 15,809
administrator's deputy shall determine whether such claim shall 15,810
be allowed. 15,811
(a) The determination of a first or additional claim, 15,813
390
including the reasons therefor, shall be mailed to the claimant, 15,814
the claimant's most recent employer, and any other employer 15,815
involved in the determination. 15,816
(b) When the determination of a continued claim results in 15,818
a disallowed claim, the administrator shall notify the claimant 15,819
of such disallowance and the reasons therefor. 15,820
(3) Where the claim for benefits is directly attributable 15,822
to unemployment caused by a major disaster, as declared by the 15,823
president of the United States pursuant to the "Disaster Relief 15,824
Act of 1970," 84 Stat. 1745, 42 U.S.C.A. 4402, and the individual 15,825
filing the claim would otherwise have been eligible for disaster 15,826
unemployment assistance under that act, then upon application by 15,827
the employer any benefits paid on the claim shall not be charged 15,828
to the account of the employer who would have been charged on 15,829
such claim but instead shall be charged to the mutualized account 15,830
described in section 4141.25 of the Revised Code, provided that 15,831
this division is not applicable to an employer electing 15,832
reimbursing status under section 4141.241 of the Revised Code, 15,833
except reimbursing employers for whom benefit charges are charged 15,834
to the mutualized account pursuant to division (C) of section 15,835
4141.33 of the Revised Code. 15,836
(4)(a) An individual filing a new claim for unemployment 15,838
compensation shall disclose, at the time of filing, whether or 15,839
not the individual owes child support obligations. In such a 15,840
case, the administrator shall notify the state or local child 15,841
support enforcement agency enforcing the obligation only if the 15,842
claimant has been determined to be eligible for unemployment 15,843
compensation. 15,844
(b) The administrator shall deduct and withhold from 15,846
unemployment compensation payable to an individual who owes child 15,847
support obligations: 15,848
(i) Any amount required to be deducted and withheld from 15,850
the unemployment compensation pursuant to legal process, as that 15,851
term is defined in section 462(e) of the "Social Security Act," 15,852
391
88 Stat. 2351, 42 U.S.C. 654, as amended, and properly served 15,853
upon the administrator, as described in division (D)(4)(c) of 15,854
this section; or 15,855
(ii) Where division (D)(4)(b)(i) of this section is 15,857
inapplicable, in the amount determined pursuant to an agreement 15,858
submitted to the administrator under section 454(20)(B)(i) of the 15,859
"Social Security Act," 88 Stat. 2351, 42 U.S.C. 654, as amended, 15,860
by the state or local child support enforcement agency; or 15,861
(iii) If neither division (D)(4)(b)(i) nor (ii) of this 15,863
section is applicable, then in the amount specified by the 15,864
individual. 15,865
(c) The state department of human services shall be 15,867
designated to receive all legal process described in division 15,868
(D)(4)(b)(i) of this section from each local child support 15,869
enforcement agency, which legal process was received by the 15,870
agency under section 2301.371 of the Revised Code or otherwise 15,871
was received by the agency. The processing of cases under part D 15,872
of Title IV of the "Social Security Act," 88 Stat. 2351 (1975), 15,873
42 U.S.C.A. 651, as amended, shall be determined pursuant to 15,874
agreement between the administrator and the state department of 15,875
human services. The department shall pay, pursuant to that 15,876
agreement, all of the costs of the bureau of employment services 15,877
that are associated with a deduction and withholding under 15,878
division (D)(4)(b)(i) of this section. 15,879
(d) The amount of unemployment compensation subject to 15,881
being withheld pursuant to division (D)(4)(b) of this section is 15,882
that amount which remains payable to the individual after 15,883
application of any recoupment provisions for recovery of 15,884
overpayments and after deductions which have been made under this 15,885
chapter for deductible income received by the individual. 15,886
(e) Any amount deducted and withheld under division 15,888
(D)(4)(b) of this section shall be paid to the appropriate state 15,889
or local child support enforcement agency in the following 15,890
manner: 15,891
392
(i) The administrator shall determine the amounts that are 15,893
to be deducted and withheld on a per county basis. 15,894
(ii) For each county, the administrator shall forward to 15,896
the local child support enforcement agency of the county, at 15,897
intervals to be determined pursuant to the agreement referred to 15,898
in division (D)(4)(c) of this section, the amount determined for 15,899
that county under division (D)(4)(e)(i) of this section for 15,900
disbursement to the obligees or assignees of such support 15,901
obligations. 15,902
(f) Any amount deducted and withheld under division 15,904
(D)(4)(b) of this section shall for all purposes be treated as if 15,905
it were paid to the individual as unemployment compensation and 15,906
paid by the individual to the state or local child support agency 15,907
in satisfaction of the individual's child support obligations. 15,908
(g) Division (D)(4) of this section applies only if 15,910
appropriate arrangements have been made for reimbursement by the 15,911
state or local child support enforcement agency for the 15,912
administrative costs incurred by the administrator under this 15,913
section which are associated with or attributable to child 15,914
support obligations being enforced by the state or local child 15,915
support enforcement agency. 15,916
(h) As used in division (D)(4) of this section: 15,918
(i) "Child support obligations" means only obligations 15,920
which are being enforced pursuant to a plan described in section 15,921
454 of the "Social Security Act," 88 Stat. 2351, 42 U.S.C. 654, 15,922
as amended, which has been approved by the United States 15,923
secretary of health and human services under part D of Title IV 15,924
of the "Social Security Act," 88 Stat. 2351, 42 U.S.C. 651, as 15,925
amended. 15,926
(ii) "State child support enforcement agency" means the 15,928
department of human services, bureau of child support, designated 15,929
as the single state agency for the administration of the program 15,930
of child support enforcement pursuant to part D of Title IV of 15,931
the "Social Security Act," 88 Stat. 2351, 42 U.S.C. 651, as 15,932
393
amended. 15,933
(iii) "Local child support enforcement agency" means the A 15,935
child support enforcement agency designated pursuant to section 15,936
2301.35 of the Revised Code or any other agency of a political 15,937
subdivision of the state operating pursuant to a plan mentioned 15,938
in division (D)(4)(h)(i) of this section. 15,939
(iv) "Unemployment compensation" means any compensation 15,941
payable under this chapter including amounts payable by the 15,942
administrator pursuant to an agreement under any federal law 15,943
providing for compensation, assistance, or allowances with 15,944
respect to unemployment. 15,945
(E)(1) Any base period or subsequent employer of a 15,947
claimant who has knowledge of specific facts affecting such 15,948
claimant's right to receive benefits for any week may notify the 15,949
administrator in writing of such facts. The administrator shall 15,950
prescribe a form to be used for such eligibility notice, but 15,951
failure to use the prescribed form shall not preclude the 15,952
administrator's examination of any notice. 15,953
(2) An eligibility notice is timely filed if received by 15,955
the administrator or the administrator's deputy or postmarked 15,957
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 15,958
claimant. An employer who does not timely file an eligibility 15,960
notice shall not be an interested party with respect to the claim 15,961
for benefits which is the subject of the notice.
(3) The administrator or the administrator's deputy shall 15,963
consider the information contained in the eligibility notice, 15,964
together with other facts found by the administrator or the 15,965
administrator's deputy and, after giving notice to the notifying 15,966
employer, if the employer timely filed the eligibility notice, 15,967
and to the claimant, and other interested parties and informing 15,969
them of their right to be present at a predetermination 15,970
fact-finding interview, shall determine, unless a prior 15,973
determination on the same eligibility issue has become final, 15,974
394
whether such claim shall be allowed, and shall mail notice of 15,975
such determination to the notifying employer who timely filed the 15,977
eligibility notice, to the claimant, and to other interested 15,978
parties. If the determination disallows benefits for any week in 15,979
question, the payment of benefits with respect to that week shall 15,981
be withheld pending further appeal, or an overpayment order shall 15,982
be issued by the administrator as prescribed in section 4141.35 15,983
of the Revised Code, if applicable. 15,984
(F) In making determinations on applications for 15,986
determination of benefit rights and claims for benefits, the 15,987
administrator and the administrator's deputy shall follow 15,988
decisions of the unemployment compensation review commission 15,990
which have become final with respect to claimants similarly 15,992
situated.
(G)(1) Any interested party notified of a determination of 15,994
an application for determination of benefit rights or a claim for 15,995
benefits may, within twenty-one calendar days after the notice 15,996
was mailed to the party's last known post-office address, apply 15,997
in writing for a reconsideration of the administrator's or 15,998
deputy's determination. 15,999
(2) Unless an application for reconsideration is filed 16,001
within the twenty-one-day period, or within an extended period 16,002
pursuant to division (R) of this section, such determination of 16,003
the administrator or deputy is final, except that upon discovery, 16,004
within the benefit year, of an error in an employer's report 16,005
other than a report to correct remuneration information as 16,006
provided in division (B) of this section or any typographical or 16,007
clerical error in the administrator's determination or a decision 16,008
on reconsideration, the administrator or the administrator's 16,009
deputy shall issue a corrected determination or decision to all 16,011
interested parties, which determination or decision shall take 16,012
precedence over and void the prior determination or decision of 16,013
the administrator or the administrator's deputy, provided no 16,014
appeal has been filed with the commission. If a request for 16,015
395
reconsideration is filed within the twenty-one-day period, the 16,017
administrator shall promptly consider such request and, after 16,018
giving notice to the interested parties and informing them of 16,019
their right to be present at a predetermination fact-finding 16,020
interview, conducted as described in division (B) of this 16,021
section, shall issue the decision to the interested parties; 16,022
except that, if in the administrator's judgment the issues are 16,023
such as to require a hearing, the administrator may refer any 16,024
request for reconsideration to the commission as an appeal. 16,025
(3) If benefits are allowed by the administrator in the 16,027
initial determination or the decision on reconsideration, or in a 16,028
decision by a referee, the review commission, or a court, the 16,030
benefits shall be paid promptly, notwithstanding any further 16,031
appeal, provided that if benefits are denied upon reconsideration 16,032
or appeal, of which the parties have notice and an opportunity to 16,033
be heard, the payment of benefits shall be withheld pending a 16,034
decision on any further appeal. 16,035
(4) Any benefits paid to a claimant under this section 16,037
prior to a final determination of the claimant's right to the 16,038
benefits shall be charged to the employer's account as provided 16,040
in division (D) of section 4141.24 of the Revised Code, provided 16,041
that if there is no final determination of the claim by the 16,042
subsequent thirtieth day of June, the employer's account will be 16,043
credited with the total amount of benefits which has been paid 16,044
prior to that date, based on the determination which has not 16,045
become final. The total amount credited to the employer's 16,046
account shall be charged to a suspense account which shall be 16,047
maintained as a separate bookkeeping account and administered as 16,048
a part of section 4141.24 of the Revised Code, and shall not be 16,049
used in determining the account balance of the employer for the 16,050
purpose of computing the employer's contribution rate under 16,051
section 4141.25 of the Revised Code. If it is finally determined 16,052
that the claimant is entitled to all or a part of the benefits in 16,053
dispute, the suspense account shall be credited and the 16,054
396
appropriate employer's account charged with the benefits. If it 16,055
is finally determined that the claimant is not entitled to all or 16,056
any portion of the benefits in dispute, the benefits shall be 16,057
credited to the suspense account and a corresponding charge made 16,058
to the mutualized account established in division (D) of section 16,059
4141.25 of the Revised Code, provided that, except as otherwise 16,060
provided in this division, if benefits are chargeable to an 16,061
employer or group of employers who is required or elects to make 16,062
payments to the fund in lieu of contributions under section 16,063
4141.241 of the Revised Code, the benefits shall be charged to 16,064
the employer's account in the manner provided in division (D) of 16,065
section 4141.24 and division (B) of section 4141.241 of the 16,066
Revised Code, and no part of the benefits may be charged to the 16,067
suspense account provided in this division. To the extent that 16,068
benefits which have been paid to a claimant and charged to the 16,069
employer's account are found not to be due the claimant and are 16,070
recovered by the administrator as provided in section 4141.35 of 16,071
the Revised Code, they shall be credited to the employer's 16,072
account.
(H) Any interested party may appeal the administrator's 16,074
decision on reconsideration to the commission and unless an 16,076
appeal is filed from such decision on reconsideration with the 16,077
commission within twenty-one calendar days after such decision 16,079
was mailed to the last known post-office address of the 16,080
appellant, or within an extended period pursuant to division (R) 16,081
of this section, such decision on reconsideration is final and 16,082
benefits shall be paid or denied in accordance therewith. 16,083
(I) Requests for reconsideration, appeals, or applications 16,085
for further appeals may be filed with the commission, with the 16,087
administrator or one of the administrator's deputies, with an 16,088
employee of another state or federal agency, or with an employee 16,090
of the unemployment insurance commission of Canada charged with 16,091
the duty of accepting claims. 16,092
(1) Any timely written notice stating that the interested 16,094
397
party desires a review of the previous determination or decision 16,095
and the reasons therefor, shall be accepted. 16,096
(2) The administrator, commission, or authorized agent 16,098
must receive the request, appeal, or application within the 16,100
specified appeal period in order for the request, appeal, or 16,101
application to be deemed timely filed, except that: 16,102
(a) If the United States postal service is used as the 16,104
means of delivery, the enclosing envelope must have a postmark 16,105
date, as governed by United States postal regulations, that is on 16,106
or before the last day of the specified appeal period; and 16,107
(b) Where the postmark date is illegible or missing, the 16,109
request, appeal, or application is timely filed if received no 16,110
later than the end of the third calendar day following the last 16,111
day of the specified appeal period. 16,112
(J) When an appeal from a decision on reconsideration of 16,114
the administrator or deputy is taken, all interested parties 16,115
shall be notified and the commission or a referee shall, after 16,117
affording such parties reasonable opportunity for a fair hearing, 16,118
affirm, modify, or reverse the findings of fact and the decision 16,119
of the administrator or deputy in the manner which appears just 16,120
and proper. In the conduct of such hearing or any other hearing 16,121
on appeal to the commission which is provided in this section, 16,123
the commission and the referees are not bound by common law or 16,124
statutory rules of evidence or by technical or formal rules of 16,125
procedure. The commission and the referees shall take any steps 16,126
in the hearings, consistent with the impartial discharge of their 16,128
duties, which appear reasonable and necessary to ascertain the 16,129
facts and determine whether the claimant is entitled to benefits 16,130
under the law. For the purpose of any hearing on appeal which is 16,131
provided in this section, the file of the administrator 16,132
pertaining to the case shall be certified by the administrator 16,133
and shall automatically become a part of the record in the appeal 16,134
hearing. All information in the file which pertains to the claim, 16,135
including statements made to the administrator or the 16,136
398
administrator's deputy by the individual claiming benefits or 16,138
other interested parties, shall be considered by the commission 16,139
and the referees in arriving at a decision, together with any 16,141
other information which is produced at the hearing. The 16,142
commission and referees may conduct any such hearing in person or 16,144
by telephone. The commission shall adopt rules which designate 16,146
the circumstances under which the commission or referees may 16,148
conduct a hearing by telephone, grant a party to the hearing the 16,149
opportunity to object to a hearing by telephone, and govern the 16,150
conduct of hearings by telephone. An interested party whose 16,151
hearing would be by telephone pursuant to the commission rules 16,152
may elect to have an in-person hearing, provided that the party 16,153
electing the in-person hearing agrees to have the hearing at the 16,154
time and place the commission determines pursuant to rule. 16,155
(1) The failure of the claimant or other interested party 16,157
to appear at a hearing, unless the claimant or interested party 16,158
is the appealing party, shall not preclude a decision in the 16,160
claimant's or interested party's favor, if on the basis of all 16,161
the information in the record, including that contained in the 16,162
file of the administrator, the claimant or interested party is 16,163
entitled to the decision. 16,164
(2) If the party appealing fails to appear at the hearing, 16,166
the referee or the commission shall dismiss the appeal, provided 16,168
that the referee or commission shall vacate the dismissal upon a 16,170
showing that due notice of the hearing was not mailed to such 16,171
party's last known address or good cause for the failure to 16,172
appear is shown to the referee or the commission within fourteen 16,173
days after the hearing date. No further appeal from the decision 16,175
may thereafter be instituted by such party. If the other party 16,176
fails to appear at the hearing, the referee or the commission 16,177
shall proceed with the hearing and shall issue a decision without 16,179
further hearing, provided that the referee or commission shall 16,180
vacate the decision upon a showing that due notice of the hearing 16,182
was not mailed to such party's last known address or good cause 16,183
399
for such party's failure to appear is shown to the referee or the 16,184
commission within fourteen days after the hearing date. 16,186
(3) Where a party requests that a hearing be scheduled in 16,188
the evening because the party is employed during the day, the 16,189
commission or referee shall schedule the hearing during such 16,191
hours as the party is not employed. 16,192
(K) The proceedings at the hearing before the referee, or 16,194
the commission, shall be recorded by mechanical means or 16,195
otherwise as may be prescribed by the commission. Unless the 16,197
claim is further appealed, such record of proceedings need not be 16,199
transcribed.
(L) All interested parties shall be notified of the 16,201
referee's decision, which shall include the reasons therefor. 16,202
The referee's decision shall become final unless, within 16,203
twenty-one days after the decision was mailed to the last known 16,204
post-office address of such parties, or within an extended period 16,205
pursuant to division (R) of this section, the commission on its 16,207
own motion removes or transfers such claim to itself or an 16,208
application to institute a further appeal before the commission 16,210
is filed by any interested party and such appeal is allowed by 16,211
the commission. 16,212
(M) When any claim is removed or transferred to the 16,214
commission on its own motion, or when an application to institute 16,216
a further appeal is allowed by the commission, the commission 16,218
shall review the decision of the referee and shall either affirm, 16,219
modify, or reverse such decision. Before rendering its decision, 16,220
the commission may remand the case to the referee for further 16,222
proceedings. When the commission disallows an application to 16,223
institute a further appeal, or renders its decision affirming, 16,225
modifying, or reversing the decision of the referee, all 16,226
interested parties shall be notified of such decision or order by 16,227
mail addressed to the last known post-office address of such 16,228
parties. A disallowance by the commission of an application for 16,230
further appeal shall be deemed an affirmation by the commission 16,231
400
of the referee's decision under appeal. 16,232
(N) Whenever the administrator and the chairperson of the 16,234
review commission determine in writing and certify jointly that a 16,236
controversy exists with respect to the proper application of this 16,237
chapter to more than five hundred claimants similarly situated 16,238
whose claims are pending before the administrator or the review 16,240
commission or both on reconsideration or appeal applied for or
filed by three or more employers or by such claimants, the 16,242
chairperson of the review commission shall select one such claim 16,244
which is representative of all such claims and assign it for a 16,246
fair hearing and decision. Any other claimant or employer in the 16,247
group who makes a timely request to participate in the hearing 16,248
and decision shall be given a reasonable opportunity to 16,249
participate as a party to the proceeding. 16,250
Such joint certification by the administrator and the 16,252
chairperson of the commission shall constitute a stay of further 16,254
proceedings in the claims of all claimants similarly situated 16,255
until the issue or issues in controversy are adjudicated by the 16,256
supreme court of Ohio. At the time the decision of the 16,257
commission is issued, the chairperson shall certify the 16,259
commission's decision directly to the supreme court of Ohio and 16,262
the chairperson shall file with the clerk of the supreme court a 16,264
certified copy of the transcript of the proceedings before the 16,265
commission pertaining to such decision. Hearings on such issues 16,267
shall take precedence over all other civil cases. If upon 16,268
hearing and consideration of such record the court decides that 16,269
the decision of the commission is unlawful, the court shall 16,271
reverse and vacate the decision or modify it and enter final 16,272
judgment in accordance with such modification; otherwise such 16,273
court shall affirm such decision. The notice of the decision of 16,274
the commission to the interested parties shall contain a 16,276
certification by the chairperson of the commission that the 16,277
decision is of great public interest and that a certified 16,279
transcript of the record of the proceedings before the commission 16,280
401
has been filed with the clerk of the supreme court as an appeal 16,282
to the court. Promptly upon the final judgment of the court, the 16,283
administrator and the commission shall decide those claims 16,284
pending before them where the facts are similar and shall notify 16,286
all interested parties of such decision and the reason therefor 16,287
in the manner provided for in this section. Nothing in this 16,288
division shall be construed so as to deny the right of any such 16,289
claimant, whose claim is pending before the administrator on 16,290
reconsideration or before the commission, to apply for and be 16,292
granted an opportunity for a fair hearing to show that the facts 16,293
in the claimant's case are different from the facts in the claim 16,294
selected as the representative claim as provided in this 16,295
division, nor shall any such claimant be denied the right to
appeal the decision of the administrator or the commission which 16,296
is made as a result of the decision of the court in the 16,298
representative case.
(O)(1) Any interested party as defined in division (I) of 16,300
section 4141.01 of the Revised Code, within thirty days after 16,301
notice of the decision of the commission was mailed to the last 16,303
known post-office address of all interested parties, may appeal 16,304
from the decision of the commission to the court of common pleas 16,306
of the county where the appellant, if an employee, is resident or 16,307
was last employed or of the county where the appellant, if an 16,308
employer, is resident or has the principal place of business in 16,309
this state. The commission shall provide on its decision the 16,311
names and addresses of all interested parties. Such appeal shall 16,312
be taken within such thirty days by the appellant by filing a 16,313
notice of appeal with the clerk of the court of common pleas. 16,314
Such filing shall be the only act required to perfect the appeal 16,315
and vest jurisdiction in the court. Failure of an appellant to 16,316
take any step other than timely filing of a notice of appeal does 16,317
not affect the validity of the appeal, but is grounds only for 16,318
such action as the court deems appropriate, which may include 16,319
dismissal of the appeal. Such notice of appeal shall set forth 16,320
402
the decision appealed from. The appellant shall mail a copy of 16,321
the notice of appeal to the commission and to all interested 16,323
parties by certified mail to their last known post-office address 16,324
and proof of the mailing of the notice shall be filed with the 16,325
clerk within thirty days of filing the notice of appeal. All 16,326
interested parties shall be made appellees. The commission upon 16,328
receipt of the notice of appeal shall within thirty days file 16,329
with the clerk a certified transcript of the record of the 16,330
proceedings before the commission pertaining to the decision 16,332
complained of, and mail a copy of the transcript to the 16,333
appellant's attorney or to the appellant, if not represented by 16,334
counsel. The appellant shall file a statement of the assignments 16,335
of error presented for review within sixty days of the filing of 16,336
the notice of appeal with the court. The appeal shall be heard 16,337
upon such record certified by the commission. After an appeal 16,339
has been filed in the court, the commission may, by petition, be 16,341
made a party to such appeal. If the court finds that the 16,342
decision was unlawful, unreasonable, or against the manifest 16,343
weight of the evidence, it shall reverse and vacate such decision 16,344
or it may modify such decision and enter final judgment in 16,345
accordance with such modification; otherwise such court shall 16,346
affirm such decision. Any interested party shall have the right 16,347
to appeal from the decision of the court as in civil cases. 16,348
(2) If an appeal is filed after the thirty-day appeal 16,350
period established in division (O)(1) of this section, the court 16,351
of common pleas shall conduct a hearing to determine whether the 16,352
appeal was timely filed pursuant to division (R) of this section. 16,353
At the hearing, additional evidence may be introduced and oral 16,354
arguments may be presented regarding the timeliness of the filing 16,355
of the appeal. If the court of common pleas determines that the 16,356
time for filing the appeal is extended as provided in division 16,357
(R) of this section and that the appeal was filed within the 16,358
extended time provided in that division, the court shall 16,359
thereafter make its decision on the merits of the appeal. If the 16,360
403
court of common pleas determines that the time for filing the 16,361
appeal may not be extended as provided in division (R) of this 16,362
section, the court shall dismiss the appeal accordingly. The 16,363
determination on timeliness by the court of common pleas may be 16,364
appealed to the court of appeals as in civil cases, and such 16,365
appeal shall be consolidated with any appeal from the decision by 16,366
the court of common pleas on the merits of the appeal. 16,367
(P) Any application for reconsideration, any appeal from a 16,369
decision on reconsideration of the determination of the 16,370
administrator, application to institute a further appeal, and any 16,371
notice of intention to appeal the decision or order of the 16,372
commission to a court of common pleas may be executed in behalf 16,374
of any party or any group of claimants by an agent. 16,375
(Q)(1) The administrator, the administrator's deputy, the 16,377
referee, the review commission, or the court that has the 16,378
authority or jurisdiction pursuant to this section to hear an 16,380
application for reconsideration or an appeal that is timely filed 16,381
shall render a decision on the application for reconsideration or 16,382
the appeal and upon any further application for reconsideration 16,383
or appeal that is timely filed, whether or not the claimant meets 16,384
the able to work, available for suitable work, or the actively 16,385
seeking work requirements of division (A)(4)(a) of section 16,386
4141.29 of the Revised Code, if all of the following apply: 16,387
(a) The claimant's claim for benefits is allowed or denied 16,389
upon initial determination by the administrator or the 16,390
administrator's deputy or upon reconsideration, review, or appeal 16,392
by a decision of the administrator, the administrator's deputy, a 16,393
referee, the review commission, or a court. 16,394
(b) After the claim is allowed or disallowed, the claimant 16,396
is subjected to criminally injurious conduct, as defined in 16,397
section 2743.51 of the Revised Code. 16,398
(c) Pursuant to this section, any interested party timely 16,400
applies for reconsideration, or timely files an appeal, of the 16,401
determination or decision. 16,402
404
(d) The claimant files an application for an award of 16,404
reparations pursuant to sections 2743.51 to 2743.72 of the 16,405
Revised Code, for the loss of unemployment benefits. 16,406
(2) Any decision that is rendered pursuant to division 16,408
(Q)(1) of this section when a claimant fails to meet the able to 16,409
work, available for suitable work, or the actively seeking work 16,410
requirements of division (A)(4)(a) of section 4141.29 of the 16,411
Revised Code shall apply only for the purposes of any claim for 16,412
an award of reparations filed pursuant to sections 2743.51 to 16,413
2743.72 of the Revised Code and shall not enable a claimant who 16,414
does not meet the able to work, available for suitable work, or 16,415
the actively seeking work requirements of division (A)(4)(a) of 16,416
section 4141.29 of the Revised Code to obtain any benefits 16,417
pursuant to this chapter. 16,418
(R) The time for filing a request for reconsideration, an 16,420
appeal, an application to institute further appeal, or a court 16,421
appeal, under division (G), (H), (L), or (O) of this section 16,422
shall be extended as follows: 16,423
(1) When the last day of an appeal period is a Saturday, 16,425
Sunday, or legal holiday, the appeal period is extended to the 16,426
next work day after the Saturday, Sunday, or legal holiday; or 16,427
(2) When an interested party provides certified medical 16,429
evidence stating that the interested party's physical condition 16,430
or mental capacity prevented the interested party from filing a 16,431
request for reconsideration, an appeal, or an application to 16,432
institute further appeal pursuant to division (G), (H), or (L) of 16,433
this section within the appropriate twenty-one-day period, the 16,434
appeal period is extended to twenty-one days after the end of the 16,435
physical or mental condition and the request, appeal, or 16,436
application is considered timely filed if filed within that 16,437
extended period; 16,438
(3) When an interested party provides evidence, which 16,440
evidence may consist of testimony from the interested party, that 16,441
is sufficient to establish that the party did not actually 16,442
405
receive the determination or decision within the applicable 16,444
appeal period pursuant to division (G), (H), or (L) of this 16,445
section, and the administrator or the commission finds that the 16,446
interested party did not actually receive the determination or 16,448
decision within the applicable appeal period, then the appeal 16,449
period is extended to twenty-one days after the interested party 16,450
actually receives the determination or decision. 16,451
(4) When an interested party provides evidence, which 16,453
evidence may consist of testimony from the interested party, that 16,454
is sufficient to establish that the party did not actually 16,455
receive a decision within the thirty-day appeal period provided 16,456
in division (O)(1) of this section, and a court of common pleas 16,457
finds that the interested party did not actually receive the 16,458
decision within that thirty-day appeal period, then the appeal 16,459
period is extended to thirty days after the interested party 16,460
actually receives the decision. 16,461
(S) No finding of fact or law, decision, or order of the 16,463
administrator, referee, or the review commission, or a reviewing 16,465
court pursuant to this section, shall be given collateral 16,466
estoppel or res judicata effect in any separate or subsequent 16,467
judicial, administrative, or arbitration proceeding, other than a 16,468
proceeding arising under this chapter. 16,469
Sec. 5101.02. The director of human services is the 16,478
executive head of the department of human services. All duties 16,479
conferred on the various OFFICES, divisions, BUREAUS, SECTIONS, 16,481
and institutions of the department by law or by order of the 16,482
director shall be performed under such rules as the director 16,483
prescribes, and shall be under the director's control. 16,484
The director of human services may enter into agreements 16,486
with county boards of commissioners, as provided in section 16,487
329.05 of the Revised Code, to create a single administrative 16,488
unit within the county for the administration of the aid to 16,489
dependent children and disability assistance programs. 16,491
Any such agreement entered into shall provide, either in 16,493
406
specific terms or by prescribing a method for determining the 16,494
amounts, for any payments to be made into the county treasury in 16,495
consideration of the performance of the agreement, and may 16,496
provide for the transfer to the board of county commissioners of 16,497
any property, real or personal, used or useful in the performance 16,498
of functions or the rendering of services under such agreement. 16,499
Such transfer may limit the power of the board to dispose of such 16,500
property, and may provide for its return, disposition, division, 16,501
or distribution, in the event of the rescission or expiration of 16,502
the agreement. 16,503
To the extent provided by such agreement the functions and 16,505
duties of the department of human services shall be vested in the 16,506
board of county commissioners. 16,507
Payments authorized by the agreement shall be made by the 16,509
state not less than four times during each fiscal year on 16,510
vouchers prepared by the department of human services and may 16,511
include any funds appropriated or allocated to the department of 16,512
human services for carrying out the duties and responsibilities 16,513
which, under terms of the agreement, are transferred to the board 16,514
of county commissioners, including, but not limited to, funds for 16,515
personal service and maintenance. 16,516
Sec. 5101.06. The director of human services may establish 16,525
OFFICES, divisions, BUREAUS, AND SECTIONS and prescribe their 16,527
powers and duties.
Sec. 5101.07. Each OFFICE, division, BUREAU, AND SECTION 16,538
authorized by section 5101.06 of the Revised Code shall consist 16,539
of a chief and the officers and employees, including those in 16,540
institutions, necessary for the performance of the functions 16,541
assigned to it. The director of human services shall supervise 16,542
the work of each OFFICE, division, BUREAU, AND SECTION and SHALL 16,543
be responsible for the determination of general policies in the 16,544
exercise of powers vested in the department and powers assigned 16,545
to each OFFICE, division, BUREAU, AND SECTION. The chief of each 16,547
OFFICE, division, BUREAU, AND SECTION shall be responsible to the 16,549
407
director for the organization, direction, and supervision of the 16,550
work of the OFFICE, division, BUREAU, OR SECTION and the exercise 16,551
of the powers and the performance of the duties of the department 16,552
assigned to such OFFICE, division, BUREAU, OR SECTION, and, with 16,554
the approval of the director, may establish bureaus or other 16,555
administrative units therein. The director shall appoint the 16,556
chief of each OFFICE, division, BUREAU, AND SECTION, who, unless 16,558
placed in the unclassified service under section 124.11 of the 16,559
Revised Code, shall be in the classified service, and all other
employees of the department. The chief of each OFFICE, division, 16,561
BUREAU, AND SECTION shall be a person who has had special 16,562
training and experience in the type of work with the performance 16,563
of which the OFFICE, division, BUREAU, OR SECTION is charged. If 16,565
the director certifies that any such position can best be filled 16,566
under division (B) of section 124.30 of the Revised Code or 16,567
without regard to residence of the appointee, the department of 16,568
administrative services shall be governed by such certification. 16,569
Each chief of a AN OFFICE, division, BUREAU, OR SECTION, under 16,571
the director of human services, shall have entire executive 16,572
charge of the OFFICE, division, BUREAU, OR SECTION for which he 16,573
THE CHIEF is appointed. 16,574
All employees holding positions in the classified service 16,576
within the department on June 30, 1966, shall continue to hold 16,577
such positions and this section does not affect their civil 16,578
service status. 16,579
Employees of any division that is abolished by Amended 16,581
Substitute House Bill No. 376 of the 106th general assembly shall 16,582
be transferred to a comparable position in another division of 16,583
the department. 16,584
Sec. 5101.071. (A) Not later than ninety days after the 16,593
effective date of this section, the director of human services 16,594
shall develop and provide a training program to assist 16,595
caseworkers in county departments of human services and county 16,596
PUBLIC children services boards AGENCIES in understanding the 16,597
408
dynamics of domestic violence and the relationship domestic 16,598
violence has to child abuse. The program shall be coordinated 16,599
with other department programs regarding family violence. 16,600
(B) Not later than ninety days after the effective date of 16,602
this section, the director of human services shall adopt rules in 16,603
accordance with section 111.15 of the Revised Code establishing 16,604
policies for dealing with domestic violence and the victims of 16,605
domestic violence. The rules shall include all of the following: 16,606
(1) A rule designating types and categories of employees 16,608
of county departments of human services and employees of county 16,609
PUBLIC children services boards AGENCIES to receive training in 16,611
the handling of domestic violence cases and a policy for the 16,612
training of the designated types and categories of employees in 16,613
the handling of those cases.
(2) Guidelines directing how county departments of human 16,615
services and county children services boards shall respond to 16,616
identified domestic violence problems and to the needs of 16,617
children directly or indirectly involved in situations involving 16,618
domestic violence.
(C) Each county department of human services and each 16,620
county PUBLIC children services board AGENCY shall require its 16,622
employees to complete the training described in divisions (A) and 16,624
(B) of this section in accordance with the rules adopted by the 16,625
director of human services pursuant to division (B) of this
section.
Sec. 5101.10. The director of human services may expend 16,634
funds appropriated or available to the department of human 16,635
services to match federal funds that are or may become available 16,636
for the purposes of personnel THE ADMINISTRATION OF, AND 16,637
training, education, and research in, human services, and the 16,639
delivery of human services from public or private entities, 16,641
including other governmental agencies; public or private
institutions, organizations, agencies, and corporations; and 16,642
individuals. For purposes of this section, the director may 16,643
409
enter into contracts or agreements with public and private 16,644
entities and make grants to public and private entities. 16,645
THE DEPARTMENT MAY ADOPT RULES IN ACCORDANCE WITH SECTION 16,647
111.15 OF THE REVISED CODE TO DEFINE TERMS AND ADOPT PROCEDURES 16,648
AND OTHER PROVISIONS NECESSARY TO IMPLEMENT THIS SECTION. 16,649
Sec. 5101.14. (A) Within available funds, the department 16,658
of human services shall make payments to the counties within 16,659
thirty days after the beginning of each calendar quarter for a 16,660
part of their costs for services to children performed pursuant 16,661
to Chapter 5153. of the Revised Code. The 16,662
Funds provided to the county under this section shall be 16,664
deposited in a special fund in the county treasury, known as the 16,665
children services fund, and shall be used for no other purpose 16,666
than to meet expenses of the children services program. 16,667
(B) THE funds distributed under this section shall be used 16,669
to provide home-based services to children and families; to 16,670
provide protective services to children; to find, develop, and 16,671
approve adoptive homes; and to provide short-term, out-of-home 16,672
care and treatment for children. No funds shall be used for the 16,673
costs of maintaining a child in a children's home owned and 16,674
operated by the county. 16,675
In each fiscal year, the amount of funds available for 16,677
distribution under this section shall be allocated to counties as 16,679
follows:
(1) If the amount is less than the amount initially 16,681
appropriated for the immediately preceding fiscal year, each 16,682
county shall receive an amount equal to the percentage of the 16,683
funding it received in the immediately preceding fiscal year, 16,684
exclusive of any releases from or additions to the allocation or 16,685
any sanctions imposed under this section; 16,686
(2) If the amount is equal to the amount initially 16,688
appropriated for the immediately preceding fiscal year, each 16,689
county shall receive an amount equal to the amount it received in 16,691
the preceding fiscal year, exclusive of any releases from or
410
additions to the allocation or any sanctions imposed under this 16,692
section; 16,693
(3) If the amount is greater than the amount initially 16,695
appropriated for the immediately preceding fiscal year, each 16,696
county shall receive the amount determined under division (A)(2) 16,698
of this section as a base allocation, plus a percentage of the 16,699
amount that exceeds the amount initially appropriated for the 16,700
immediately preceding fiscal year. The amount exceeding the 16,701
amount initially appropriated in the immediately preceding fiscal 16,702
year shall be allocated to the counties as follows: 16,703
(a) Twelve per cent divided equally among all counties; 16,705
(b) Forty-eight per cent in the ratio that the number of 16,707
residents of the county under the age of eighteen bears to the 16,709
total number of such persons residing in this state; 16,710
(c) Forty per cent in the ratio that the number of 16,712
residents of the county with incomes under the federal poverty 16,713
line bears to the total number of such persons in this state. 16,714
As used in this division, "federal poverty guideline" means 16,716
the poverty guideline as defined by the United States office of 16,718
management and budget and revised by the United States secretary 16,719
of health and human services in accordance with section 673 of 16,720
the "Community Services Block Grant Act," 95 Stat. 511 (1981), 42 16,722
U.S.C.A. 9902, as amended.
(B)(C) The department may adopt rules as necessary for the 16,725
allocation of funds under this section. The rules shall be 16,726
adopted in accordance with section 111.15 of the Revised Code. 16,727
(C)(D)(1) As used in this division, "services to children" 16,729
includes only children's protective services, home-based services 16,730
to children and families, family foster home services, 16,731
residential treatment services, adoptive services, and 16,732
independent living services. 16,733
(2) Except as otherwise provided in this section, the 16,735
allocation of funds for a fiscal year to a county under this 16,736
section shall be reduced by the department if in the preceding 16,737
411
calendar year the total amount expended for services to children 16,738
from local funds and funds distributed to the county under 16,739
section 5101.462 5101.46 of the Revised Code was less than the 16,741
total expended from those sources in the second preceding 16,742
calendar year. The reduction shall be equal to the difference 16,743
between the total expended in the preceding calendar year and the 16,744
total expended in the second preceding calendar year. 16,745
The determination of whether the amount expended for 16,747
services to children was less in the preceding calendar year than 16,748
in the second preceding calendar year shall not include a 16,749
difference due to any of the following factors to the extent that 16,750
the difference does not exceed the amount attributable to that 16,751
factor: 16,752
(a) An across-the-board reduction in the county budget as 16,754
a whole; 16,755
(b) A reduced or failed levy specifically earmarked for 16,757
children services; 16,758
(c) A reduced allocation of funds to the county under 16,760
section 5101.462 5101.24 of the Revised Code; 16,761
(d) The closure of, or a reduction in the operating 16,763
capacity of, a children's home owned and operated by the county. 16,764
(3) Funds withheld under this division may be reallocated 16,766
by the department to other counties. The department may grant 16,767
whole or partial waivers of the provisions of this division. 16,768
(D)(E) No funds shall be paid to any county under this 16,770
section until the director of human services has approved a plan 16,771
for services to children submitted by the county department of 16,772
human services or the county PUBLIC children services board 16,774
AGENCY for the current calendar year. The department of human 16,775
services shall adopt rules prescribing the general content of the 16,776
county children services plan and the general content of the 16,777
evaluation required by division (B)(16) of section 5153.16 of the 16,778
Revised Code. 16,779
(E)(F) Children who are in the temporary or permanent 16,781
412
custody of a certified public or private nonprofit agency or 16,782
institution, or who are in adoptions subsidized under division 16,783
(B) of section 5153.163 of the Revised Code are eligible for 16,784
medical assistance through the medical assistance program 16,785
established under section 5111.01 of the Revised Code. 16,786
(F)(G) Within ninety days after the end of each fiscal 16,788
year, each county shall return any unspent funds to the 16,789
department.
(G)(H) The department shall prepare an annual report 16,791
detailing on a county-by-county basis the services provided with 16,792
funds distributed under this section. The report shall be 16,793
submitted to the general assembly by the thirtieth day of 16,794
September each year and also shall be made available to the 16,795
public. 16,796
(H)(I) In accordance with Chapter 119. of the Revised 16,798
Code, the director shall adopt, and may amend and rescind, rules 16,799
prescribing reports on expenditures to be submitted by the 16,800
counties as necessary for the implementation of this section. 16,801
Sec. 5101.141. (A) The state department of human services 16,810
shall act as the single state agency to administer federal 16,811
payments for foster care and adoption assistance made pursuant to 16,812
Title IV-E of the "Social Security Act," 94 Stat. 501, 42 16,813
U.S.C.A. 670 (1980), as amended, and shall adopt rules pursuant 16,814
to Chapter 119. of the Revised Code to implement this authority. 16,815
Title IV-E funds distributed by the state department to a county 16,816
PUBLIC children services board or county department of human 16,818
services that has assumed the administration of child welfare 16,819
AGENCY shall be administered by the board or county department 16,821
AGENCY in accordance with those rules. 16,823
(B)(1) The county shall, on behalf of each child eligible 16,825
for foster care maintenance payments under Title IV-E of the 16,826
"Social Security Act," make payments to cover the cost of 16,827
providing all of the following: 16,828
(a) The child's food, clothing, shelter, daily 16,830
413
supervision, and school supplies; 16,831
(b) The child's personal incidentals; 16,833
(c) Reasonable travel to the child's home for visitation. 16,835
(2) With respect to a child who is in a child-care 16,837
institution, including any type of group home designed for the 16,838
care of children or any privately operated program consisting of 16,839
two or more family foster homes operated by a common 16,840
administrative unit, the foster care maintenance payments made by 16,841
the county on behalf of the child shall include the reasonable 16,842
cost of the administration and operation of the institution, 16,843
group home, or program, as necessary to provide the items 16,844
described in division (B)(1) of this section. 16,845
(C) To the extent that either foster care maintenance 16,847
payments under division (B) of this section or Title IV-E 16,848
adoption assistance payments for maintenance costs require the 16,849
expenditure of county funds, the board of county commissioners 16,850
shall report the nature and amount of each expenditure of county 16,851
funds to the state department of human services. 16,852
(D) The state department shall distribute to counties that 16,854
incur and report such expenditures federal financial 16,855
participation received for administrative and training costs 16,856
incurred in the operation of foster care maintenance and adoption 16,857
assistance programs. The department may withhold not more than 16,858
two per cent of the federal financial participation received. The 16,860
funds withheld shall be in addition to any administration and
training cost for which the department is reimbursed through its 16,861
own cost allocation plan. 16,862
(E) All federal funds received by a county pursuant to 16,864
this section shall be deposited in the county's children services 16,865
fund created pursuant to division (A) of section 5101.14 of the 16,866
Revised Code and shall be used solely for services to children 16,867
under Chapter 5153. of the Revised Code. This requirement is 16,868
satisfied if, by clear audit trail, the county can demonstrate 16,869
that those funds were properly used to reimburse the county 16,870
414
general fund for children services expenditures made pursuant to 16,871
Chapter 5153. of the Revised Code. 16,872
(F) The department of human services shall periodically 16,874
publish and distribute the maximum amounts that the department 16,875
will reimburse county PUBLIC children services boards and county 16,877
departments of human services AGENCIES for making payments on 16,878
behalf of children eligible for foster care maintenance payments. 16,880
Sec. 5101.15. Within available funds the department of 16,889
human services may reimburse counties in accordance with this 16,890
section for a portion of the salaries paid to child welfare 16,891
workers employed under section 5153.12 of the Revised Code. No 16,892
county with a population of eighty thousand or less, according to 16,893
the latest census accepted by the department as official, shall 16,894
be entitled to reimbursement on the salaries of more than two 16,895
child welfare workers, and no county with a population of more 16,896
than eighty thousand, according to such census, shall be entitled 16,897
to reimbursement on the salaries of more than two child welfare 16,898
workers plus one additional child welfare worker for each one 16,899
hundred thousand of population in excess of eighty thousand. 16,900
The maximum reimbursement to which a county may be entitled 16,902
on any child welfare worker shall be as follows: 16,903
(A) Twenty-seven hundred dollars a year for a child 16,905
welfare worker who is a graduate of an accredited high school, 16,906
college, or university; 16,907
(B) Thirty-three hundred dollars a year for a child 16,909
welfare worker who has one year or more of graduate training in 16,910
social work or a field which the department finds to be related 16,911
to social work; 16,912
(C) Thirty-nine hundred dollars a year for a child welfare 16,914
worker who has completed two years of social work training. 16,915
The salary of the executive director, designated in 16,917
accordance with section 5153.10 of the Revised Code, shall be 16,918
subject to reimbursement under this section, provided that the 16,919
executive director qualifies under division (A), (B), or (C) of 16,920
415
this section. No funds shall be allocated under this section 16,921
until the director of human services has approved a plan of child 16,922
welfare services for the county submitted by the county 16,923
department of human services or county PUBLIC children services 16,924
board AGENCY. 16,925
Sec. 5101.16. (A) As used in this section and section 16,934
5101.161 of the Revised Code: 16,935
(1) "Aid to dependent children" means the program 16,937
established by Chapter 5107. of the Revised Code, excluding 16,938
publicly funded child day-care provided to aid to dependent 16,939
children recipients under Chapter 5104. of the Revised Code and 16,940
transitional child day-care provided to former aid to dependent 16,941
children recipients under section 5104.32 of the Revised Code. 16,942
(2) "Disability assistance" means financial and medical 16,944
assistance provided under Chapter 5115. of the Revised Code. 16,945
(3)(2) "Food stamps" means the program established by the 16,947
"Food Stamp Act of 1977," 92 Stat. 856, 7 U.S.C. 2026, as amended 16,949
ADMINISTERED BY THE DEPARTMENT OF HUMAN SERVICES PURSUANT TO 16,950
SECTION 5101.54 OF THE REVISED CODE.
(4)(3) "Medicaid" means the medical assistance program 16,952
established by Chapter 5111. of the Revised Code, excluding 16,955
transportation services provided under that chapter. 16,956
(5) "Public assistance expenditures" means expenditures 16,958
for all of the following: 16,959
(a) Aid to dependent children; 16,961
(b) County administration of aid to dependent children; 16,963
(c) Disability assistance; 16,965
(d) County administration of disability assistance; 16,967
(e) County administration of food stamps; 16,969
(f) County administration of medicaid. 16,971
(4) "OHIO WORKS FIRST" MEANS THE PROGRAM ESTABLISHED BY 16,974
CHAPTER 5107. OF THE REVISED CODE.
(B) Each BOARD OF county COMMISSIONERS shall pay the 16,976
county share of public assistance expenditures as specified in 16,978
416
this division. Payment of the county share shall be made as 16,979
provided FOR DISABILITY ASSISTANCE, OHIO WORKS FIRST, AND COUNTY 16,980
ADMINISTRATION OF DISABILITY ASSISTANCE, OHIO WORKS FIRST, FOOD 16,981
STAMPS, AND MEDICAID in ACCORDANCE WITH section 5101.161 of the 16,983
Revised Code.
(1). Except as provided in division (B)(2)(C) of this 16,986
section for calendar year 1997 and each calendar year thereafter, 16,987
a county's share of THOSE public assistance expenditures is the 16,988
sum of ALL OF the county's shares determined under divisions (C), 16,989
(D)(1), and (D)(2) of this section. 16,991
(2) A county's share of public assistance expenditures for 16,993
a calendar year shall not exceed one hundred ten per cent of the 16,995
county's share of public assistance expenditures for the
immediately preceding calendar year. If a county's share 16,996
determined under division (B)(1) of this section exceeds this 16,998
limit, the department of human services shall reduce each of the 16,999
county's shares determined under divisions (C), (D)(1), and 17,000
(D)(2) of this section so that the total of those county shares 17,003
equals one hundred ten per cent of the county's share of public 17,004
assistance expenditures for the immediately preceding calendar 17,005
year.
(C) For calendar FOLLOWING FOR STATE FISCAL year 1997 1998 17,008
and each calendar STATE FISCAL year thereafter, a county's share 17,010
of expenditures for aid to dependent children and county 17,012
administration of aid to dependent children, food stamps, and 17,013
medicaid is an amount equal to ten per cent, or other percentage 17,014
determined under division (E) of this section, of the amount of 17,016
such expenditures that is chargeable to the county for the state 17,017
fiscal year that ended in the previous calendar year less the 17,018
amount of federal reimbursement credited to the county for such 17,019
expenditures under division (F) of this section for the state 17,020
fiscal year that ended the previous calendar year. 17,021
(D)(1) For calendar year 1997 and each calendar year 17,023
thereafter, a county's share of expenditures for disability 17,024
417
assistance is an amount equal to: 17,026
(1) THE AMOUNT THAT IS twenty-five per cent of the amount 17,028
of such COUNTY'S TOTAL expenditures chargeable to the county for 17,031
DISABILITY ASSISTANCE AND COUNTY ADMINISTRATION OF DISABILITY 17,032
ASSISTANCE DURING the state fiscal year that ended ENDING in the 17,034
previous calendar year THAT THE DEPARTMENT OF HUMAN SERVICES
DETERMINES ARE ALLOWABLE. 17,035
(2) For calendar year 1997 and each calendar year 17,037
thereafter, a county's share of expenditures for county 17,039
administration of disability assistance is an THE amount equal to 17,041
twenty-five THAT IS TEN per cent, OR OTHER PERCENTAGE DETERMINED 17,042
UNDER DIVISION (D) OF THIS SECTION, of the COUNTY'S total amount 17,043
the county, EXPENDITURES FOR COUNTY ADMINISTRATION OF FOOD STAMPS 17,044
AND MEDICAID during the state fiscal year that ended ENDING in 17,045
the previous calendar year, spent for such expenditures that the 17,047
department determines are allowable administrative expenditures, 17,048
LESS THE AMOUNT OF FEDERAL REIMBURSEMENT CREDITED TO THE COUNTY 17,050
UNDER DIVISION (E) OF THIS SECTION FOR THE STATE FISCAL YEAR 17,051
ENDING IN THE PREVIOUS CALENDAR YEAR;
(3)(a) EXCEPT AS PROVIDED IN DIVISION (B)(3)(b) OF THIS 17,054
SECTION, THE ACTUAL AMOUNT, AS DETERMINED BY THE DEPARTMENT OF 17,055
HUMAN SERVICES FROM EXPENDITURE REPORTS SUBMITTED TO THE UNITED 17,056
STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES, OF THE COUNTY 17,057
SHARE OF PROGRAM AND ADMINISTRATIVE EXPENDITURES DURING FEDERAL 17,058
FISCAL YEAR 1994 FOR ASSISTANCE AND SERVICES, OTHER THAN CHILD 17,059
DAY-CARE, PROVIDED UNDER TITLES IV-A AND IV-F OF THE "SOCIAL 17,061
SECURITY ACT," 49 STAT. 620 (1935), 42 U.S.C. 301, AS THOSE 17,062
TITLES EXISTED PRIOR TO THE ENACTMENT OF THE "PERSONAL 17,064
RESPONSIBILITY AND WORK OPPORTUNITY RECONCILIATION ACT OF 1996," 17,065
110 STAT. 2105. 17,066
(b) FOR STATE FISCAL YEARS 1998 AND 1999, EIGHTY PER CENT 17,069
OF THE AMOUNT DETERMINED UNDER DIVISION (B)(3)(a) OF THIS 17,070
SECTION.
(C)(1) IF A COUNTY'S SHARE OF PUBLIC ASSISTANCE 17,072
418
EXPENDITURES DETERMINED UNDER DIVISION (B) OF THIS SECTION FOR A 17,074
STATE FISCAL YEAR EXCEEDS ONE HUNDRED TEN PER CENT OF THE 17,075
COUNTY'S SHARE FOR THOSE EXPENDITURES FOR THE IMMEDIATELY 17,076
PRECEDING STATE FISCAL YEAR, THE DEPARTMENT OF HUMAN SERVICES 17,077
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 17,078
SHARE FOR EXPENDITURES UNDER DIVISION (B) OF THIS SECTION EQUALS 17,079
ONE HUNDRED TEN PER CENT OF THE COUNTY'S SHARE OF THOSE 17,080
EXPENDITURES FOR THE IMMEDIATELY PRECEDING STATE FISCAL YEAR. 17,081
(2) A COUNTY'S SHARE OF PUBLIC ASSISTANCE EXPENDITURES 17,083
DETERMINED UNDER DIVISION (B) OF THIS SECTION MAY BE INCREASED 17,084
PURSUANT TO A SANCTION UNDER SECTION 5101.24 OF THE REVISED CODE. 17,086
(E)(D)(1) If the per capita tax duplicate of a county is 17,089
less than the per capita tax duplicate of the state as a whole 17,090
and division (E)(D)(2) of this section does not apply to the 17,091
county, the percentage to be used for the purpose of division 17,094
(C)(B)(2) of this section is the product of ten multiplied by a 17,095
fraction of which the numerator is the per capita tax duplicate 17,096
of the county and the denominator is the per capita tax duplicate 17,097
of the state as a whole. The department of human services shall 17,098
compute the per capita tax duplicate for the state and for each 17,099
county by dividing the tax duplicate for the most recent 17,100
available year by the current estimate of population prepared by 17,101
the department of development. 17,102
(2) If the percentage of families in a county with an 17,104
annual income of less than three thousand dollars is greater than 17,105
the percentage of such families in the state and division 17,107
(E)(D)(1) of this section does not apply to the county, the 17,108
percentage to be used for the purpose of division (C)(B)(2) of 17,109
this section is the product of ten multiplied by a fraction of 17,110
which the numerator is the percentage of families in the state 17,111
with an annual income of less than three thousand dollars a year 17,112
and the denominator is the percentage of such families in the 17,113
county. The department of human services shall compute the 17,114
419
percentage of families with an annual income of less than three 17,115
thousand dollars for the state and for each county by multiplying 17,118
the most recent estimate of such families published by the 17,119
department of development, by a fraction, the numerator of which 17,120
is the estimate of average annual personal income published by 17,121
the bureau of economic analysis of the United States department 17,122
of commerce for the year on which the census estimate is based 17,123
and the denominator of which is the most recent such estimate 17,124
published by the bureau.
(3) If divisions (E)(1) and (E)(2) of this section apply 17,127
to the PER CAPITA TAX DUPLICATE OF A county IS LESS THAN THE PER 17,128
CAPITA TAX DUPLICATE OF THE STATE AS A WHOLE AND THE PERCENTAGE 17,129
OF FAMILIES IN THE COUNTY WITH AN ANNUAL INCOME OF LESS THAN 17,130
THREE THOUSAND DOLLARS IS GREATER THAN THE PERCENTAGE OF SUCH
FAMILIES IN THE STATE, the percentage to be used for the purpose 17,132
of division (C)(B)(2) of this section shall be determined as 17,133
follows: 17,134
(a) Multiply ten by the fraction determined under division 17,138
(E)(D)(1) of this section;
(b) Multiply the product determined under division 17,142
(E)(D)(3)(a) of this section by the fraction determined under 17,143
division (E)(D)(2) of this section. 17,144
(4) The department of human services shall determine, for 17,146
each county, the percentage to be used for the purpose of 17,148
division (C)(B)(2) of this section not later than the first day 17,150
of July of the year preceding the calendar STATE FISCAL year for 17,151
which the percentage is used.
(F)(E) The department of human services shall credit to a 17,153
county the amount of federal reimbursement the department 17,155
receives from the United States department of health and human 17,156
services for the county's total gross expenditures for aid to 17,157
dependent children, less the amount of any canceled or voided 17,158
warrants for aid to dependent children. The department shall 17,159
credit to a county the amount of federal reimbursement the 17,160
420
department receives from the United States department DEPARTMENTS 17,162
of AGRICULTURE AND health and human services for the county's 17,164
expenditures for administration of aid to dependent children, 17,165
food stamps, and medicaid that the department determines are 17,166
allowable administrative expenditures. 17,167
(G)(F) The department of human services may SHALL adopt 17,170
rules in accordance with section 111.15 of the Revised Code to 17,173
implement this section. If the department adopts such rules, the 17,174
rules shall specify the ESTABLISH ALL OF THE FOLLOWING: 17,175
(1) THE method the department is to use to reduce CHANGE a 17,179
county's shares SHARE OF PUBLIC ASSISTANCE EXPENDITURES 17,180
determined under divisions (C), (D)(1), and (D)(2) DIVISION (B) 17,183
of this section for the purpose of AS PROVIDED IN division 17,185
(B)(2)(C) of this section; 17,186
(2) THE ALLOCATION METHODOLOGY AND FORMULA THE DEPARTMENT 17,188
WILL USE TO DETERMINE THE AMOUNT OF FUNDS TO CREDIT TO A COUNTY 17,189
UNDER THIS SECTION; 17,190
(3) THE METHOD THE DEPARTMENT WILL USE TO CHANGE THE 17,192
PAYMENT OF THE COUNTY SHARE OF PUBLIC ASSISTANCE EXPENDITURES 17,193
FROM A CALENDAR-YEAR BASIS TO A STATE FISCAL YEAR BASIS; 17,194
(4) OTHER PROCEDURES AND REQUIREMENTS NECESSARY TO 17,196
IMPLEMENT THIS SECTION. 17,197
Sec. 5101.161. Prior AS USED IN THIS SECTION, "PUBLIC 17,206
ASSISTANCE EXPENDITURES" MEANS EXPENDITURES FOR DISABILITY 17,208
ASSISTANCE, OHIO WORKS FIRST, AND COUNTY ADMINISTRATION OF 17,209
DISABILITY ASSISTANCE, OHIO WORKS FIRST, FOOD STAMPS, AND 17,210
MEDICAID.
PRIOR to the sixteenth day of December MAY annually, the 17,213
department of human services shall certify to the board of county 17,214
commissioners of each county the amount estimated by the 17,215
department to be needed in the following calendar STATE FISCAL 17,216
year to meet the county share, as determined under division (B) 17,218
of section 5101.16 of the Revised Code, of public assistance 17,219
expenditures. At the beginning of the calendar STATE FISCAL 17,220
421
year, the board of county commissioners shall appropriate the 17,222
amount certified by the department for the current calendar STATE 17,223
FISCAL year, reduced or increased by the amount of the adjusted 17,225
balance or deficit in the public assistance fund at the end of 17,226
the preceding calendar STATE FISCAL year as determined by 17,228
department of human services THE DEPARTMENT'S rules. The 17,229
attorney general shall bring mandamus proceedings IN THE FRANKLIN 17,230
COUNTY COURT OF APPEALS against any board which fails to make 17,232
such an appropriation and timely transfer to the public 17,233
assistance fund as directed by department of human services 17,234
rules.
The department of human services shall divide each calendar 17,237
year into quarterly or more frequent payment periods for the 17,239
purpose of paying counties the state and federal share of public 17,241
assistance expenditures. Before the beginning of each payment 17,243
period THE DEPARTMENT ESTABLISHES BY RULE, the department shall 17,244
pay a county the estimated state and federal share of the 17,246
county's public assistance expenditures for the payment period 17,248
about to begin increased or decreased by the amount the 17,250
department underpaid or overpaid the county for the most recent 17,251
payment period for which it is known that THE DEPARTMENT KNOWS an 17,253
underpayment or overpayment was made.
If the department establishes a maximum amount that IT WILL 17,255
REIMBURSE a county may spend for aid to dependent children or 17,256
county administration of aid to dependent children, food stamps, 17,257
or medicaid PUBLIC ASSISTANCE EXPENDITURES and a county spends 17,258
more for such an expenditure than is allowed REIMBURSABLE, the 17,259
department shall not pay the county a state OR FEDERAL share for 17,260
the amount of the expenditure that exceeds the maximum allowable 17,261
REIMBURSEMENT amount. COUNTY EXPENDITURES THAT EXCEED THE 17,262
MAXIMUM ALLOWABLE REIMBURSEMENT AMOUNT SHALL NOT BE CREDITED TO A 17,263
COUNTY'S SHARE OF PUBLIC ASSISTANCE EXPENDITURES UNDER SECTION 17,264
5101.16 OF THE REVISED CODE. The department also shall not pay a 17,265
county a state OR FEDERAL share for an administrative expenditure 17,266
422
that is not allowed by the department. 17,268
A county shall deposit all funds appropriated by a board of 17,270
county commissioners and received from the department of human 17,272
services under this section in a special fund in the county 17,274
treasury known as the public assistance fund. A county shall 17,276
make payments for public assistance expenditures from the public 17,277
assistance fund.
The department of human services may SHALL adopt INTERNAL 17,279
MANAGEMENT rules in accordance with section 111.15 of the Revised 17,281
Code to implement this section. If the department adopts such 17,283
rules, the rules shall do all of the following: 17,284
(A) Establish the method by which the department is to 17,287
make payments to counties under this section;
(B) Establish procedures for payment by counties of the 17,290
county share of PUBLIC ASSISTANCE expenditures for disability
assistance benefits; 17,291
(C) ESTABLISH THE METHOD BY WHICH THE DEPARTMENT WILL 17,293
DETERMINE THE AMOUNT OF THE ADJUSTED BALANCE OR DEFICIT IN A 17,294
COUNTY'S PUBLIC ASSISTANCE FUND AT THE END OF A STATE FISCAL 17,295
YEAR;
(D) ESTABLISH PAYMENT PERIODS FOR PAYING A COUNTY ITS 17,297
ESTIMATED STATE AND FEDERAL SHARE OF PUBLIC ASSISTANCE 17,298
EXPENDITURES; 17,299
(E) Allow county departments of human services to use the 17,301
public assistance fund for other purposes and programs similar to 17,302
the purposes and programs specified in this section. 17,303
THE DEPARTMENT MAY ADOPT INTERNAL MANAGEMENT RULES IN 17,305
ACCORDANCE WITH SECTION 111.15 OF THE REVISED CODE TO ESTABLISH A 17,307
MAXIMUM AMOUNT THAT IT WILL REIMBURSE A COUNTY FOR PUBLIC
ASSISTANCE EXPENDITURES. 17,308
Sec. 5101.18. (A) The director WHEN THE DEPARTMENT of 17,317
human services ADOPTS RULES UNDER SECTION 5107.13 REGARDING 17,318
INCOME REQUIREMENTS FOR THE WORK COMPONENT OF THE OHIO WORKS 17,320
FIRST PROGRAM AND UNDER SECTION 5115.05 OF THE REVISED CODE 17,323
423
REGARDING INCOME AND RESOURCE REQUIREMENTS FOR THE DISABILITY 17,324
ASSISTANCE PROGRAM, THE DEPARTMENT shall determine what payments 17,325
to any individual applying for or receiving aid under Chapter 17,327
5107. or 5115. of the Revised Code shall be regarded as income or 17,329
resources OR DISREGARDED. In making this determination, the 17,330
director DEPARTMENT shall consider:
(1) The source of the payment; 17,332
(2) The amount of the payment; 17,334
(3) The purpose for which the payment was made; 17,336
(4) Whether regarding the payment as income would be in 17,338
the public interest. 17,339
(B) The director also shall take into consideration 17,341
whether; 17,342
(5) WHETHER treating the payment as income would be 17,344
detrimental to any of the programs administered in whole or in 17,346
part by the department of human services and whether such 17,347
determination would jeopardize the receipt of any federal grant 17,348
or payment by the state or any receipt of aid under Chapter 5107. 17,349
of the Revised Code. The director shall establish such rules as 17,350
are necessary for carrying out this section and shall revise such 17,351
rules at such times as he finds it necessary. 17,352
(B) Any recipient of aid PARTICIPANT IN THE WORK COMPONENT 17,355
OF THE OHIO WORKS FIRST PROGRAM ESTABLISHED under Chapter 5107. 17,356
of the Revised Code or RECIPIENT OF AID UNDER Title XVI of the 17,357
"Social Security Act," 49 Stat. 620 (1935), 42 U.S.C. 301, as 17,359
amended, whose money payment is discontinued as the result of a 17,360
general increase in old-age, survivors, and disability insurance 17,361
benefits under such act, shall remain a PARTICIPANT OR recipient 17,362
of aid for the purpose of receiving medical assistance through 17,364
the medical assistance program established under section 5111.01 17,365
of the Revised Code.
Sec. 5101.181. (A) As used in this section and section 17,374
5101.182 of the Revised Code, "public assistance" includes, in 17,375
addition to aid to dependent children OHIO WORKS FIRST, medicaid, 17,376
424
and disability assistance, general assistance provided prior to 17,378
the effective date of this amendment JULY 17, 1995, under former 17,379
Chapter 5113. of the Revised Code. 17,380
(B) As part of the procedure for the determination of 17,383
overpayment to a recipient of public assistance under Chapter 17,384
5107., 5111., or 5115. of the Revised Code, the director of human 17,385
services shall furnish quarterly the name and social security 17,386
number of each individual who receives public assistance to the 17,387
director of administrative services, the administrator of the 17,388
bureau of workers' compensation, and each of the state's 17,389
retirement boards. Within fourteen days after receiving the name 17,390
and social security number of an individual who receives public 17,391
assistance, the director of administrative services, 17,392
administrator, or board shall inform the auditor of state as to 17,393
whether such individual is receiving wages or benefits, the 17,394
amount of any wages or benefits being received, the social 17,395
security number, and the address of the individual. The director 17,396
of administrative services, administrator, boards, and any agent 17,397
or employee of those officials and boards shall comply with the 17,398
rules of the department of human services restricting the 17,399
disclosure of information regarding recipients of public
assistance. Any person who violates this provision shall 17,400
thereafter be disqualified from acting as an agent or employee or 17,401
in any other capacity under appointment or employment of any 17,402
state board, commission, or agency. 17,403
(C) The auditor of state may enter into a reciprocal 17,405
agreement with the director of human services or comparable 17,406
officer of any other state for the exchange of names, current or 17,407
most recent addresses, or social security numbers of persons 17,408
receiving public assistance under part A of Title IV IV-A or 17,410
under Title XIX of the "Social Security Act," 49 Stat. 620 17,411
(1935), 42 U.S.C. 301, as amended. 17,412
(D)(1) The auditor of state shall retain, for not less 17,414
than two years, at least one copy of all information received 17,416
425
under this section and sections 145.27, 742.41, 3307.21, 3309.22, 17,417
4123.27, 5101.182, and 5505.04 of the Revised Code. The auditor 17,418
shall review the information to determine whether overpayments 17,419
were made to recipients of public assistance under Chapters 17,420
5107., 5111., and 5115. of the Revised Code. The auditor of 17,421
state shall initiate action leading to prosecution, where 17,422
warranted, of recipients who received overpayments by forwarding 17,423
the name of each recipient who received overpayment, together 17,424
with other pertinent information, to the director of human 17,425
services and the attorney general, to the district director of 17,426
human services of the district through which public assistance 17,427
was received, and to the county director of human services and 17,428
county prosecutor of the county through which public assistance 17,429
was received.
(2) The auditor of state and the attorney general or their 17,431
designees may examine any records, whether in computer or printed 17,432
format, in the possession of the director of human services or 17,433
any county director of human services. They shall provide 17,434
safeguards which restrict access to such records to purposes 17,435
directly connected with an audit or investigation, prosecution, 17,436
or criminal or civil proceeding conducted in connection with the 17,437
administration of the programs and shall comply with the rules of 17,438
the department of human services restricting the disclosure of 17,439
information regarding recipients of public assistance. Any 17,440
person who violates this provision shall thereafter be 17,441
disqualified from acting as an agent or employee or in any other 17,442
capacity under appointment or employment of any state board, 17,443
commission, or agency. 17,444
(3) Costs incurred by the auditor of state in carrying out 17,446
his THE AUDITOR OF STATE'S duties under this division shall be 17,447
borne by the auditor of state. 17,449
Sec. 5101.183. (A) The department of human services, in 17,458
accordance with section 111.15 of the Revised Code, may adopt 17,459
rules under which county departments of human services or county 17,460
426
PUBLIC children services boards AGENCIES shall take action to 17,462
recover the cost of social services provided to any of the 17,464
following:
(1) Persons who were not eligible for social services but 17,466
who secured social services through fraud or misrepresentation; 17,467
(2) Persons who were eligible for social services but who 17,469
intentionally diverted the services to other persons who were not 17,470
eligible for the services. 17,471
(B) A county department of human services or county PUBLIC 17,473
children services board AGENCY may bring a civil action against a 17,475
recipient of social services to recover any costs described in 17,476
division (A) of this section. In seeking to recover those costs, 17,477
the department or board shall not terminate or reduce social 17,478
services to any person who is entitled to them. 17,479
(C) A county department of human services or county PUBLIC 17,481
children services board AGENCY shall retain any money it recovers 17,483
under division (A) of this section and shall use the money for 17,484
the provision of social services, except that, if federal law 17,485
requires the state department of human services to return any 17,486
portion of the money so recovered to the federal government, the 17,487
county department or county board AGENCY shall pay that portion 17,488
to the state department. 17,489
Sec. 5101.21. (A) AS USED IN SECTIONS 5101.21 TO 5101.25 17,492
OF THE REVISED CODE, "COUNTY SOCIAL SERVICE AGENCY" AND "SOCIAL 17,493
SERVICE DUTY" HAVE THE SAME MEANINGS AS IN SECTION 307.981 OF THE 17,494
REVISED CODE.
(B) THE DIRECTOR OF HUMAN SERVICES SHALL ENTER INTO A 17,497
WRITTEN PARTNERSHIP AGREEMENT WITH EACH BOARD OF COUNTY 17,498
COMMISSIONERS REGARDING THE ADMINISTRATION AND DESIGN OF THE OHIO 17,499
WORKS FIRST PROGRAM ESTABLISHED UNDER CHAPTER 5107. OF THE 17,500
REVISED CODE, DUTIES ASSUMED BY A COUNTY DEPARTMENT OF HUMAN
SERVICES PURSUANT TO AN AGREEMENT ENTERED INTO UNDER SECTION 17,501
329.05 OF THE REVISED CODE, AND OTHER COUNTY DEPARTMENT OF HUMAN 17,503
SERVICES' DUTIES THAT THE DIRECTOR AND BOARD MUTUALLY AGREE TO 17,505
427
INCLUDE IN THE AGREEMENT. THE DIRECTOR AND BOARD MAY INCLUDE IN 17,506
THE PARTNERSHIP AGREEMENT PROVISIONS REGARDING THE ADMINISTRATION 17,507
AND DESIGN OF THE DUTIES OF CHILD SUPPORT ENFORCEMENT AGENCIES
AND PUBLIC CHILDREN SERVICES AGENCIES INCLUDED IN A PLAN OF 17,508
COOPERATION ENTERED INTO UNDER SECTION 307.983 OF THE REVISED 17,509
CODE THAT THE DIRECTOR AND BOARD MUTUALLY AGREE TO INCLUDE IN THE 17,510
AGREEMENT. SOCIAL SERVICE DUTIES INCLUDED IN THE AGREEMENT SHALL 17,511
BE VESTED IN THE BOARD. THE AGREEMENT SHALL COMPLY WITH FEDERAL 17,512
STATUTES AND REGULATIONS, STATE STATUTES, AND, EXCEPT AS PROVIDED
IN DIVISION (B)(9) OF THIS SECTION, STATE RULES GOVERNING THE 17,514
SOCIAL SERVICE DUTIES INCLUDED IN THE AGREEMENT. 17,515
A PARTNERSHIP AGREEMENT SHALL INCLUDE RESPONSIBILITIES THAT 17,518
THE STATE DEPARTMENT OF HUMAN SERVICES AND COUNTY SOCIAL SERVICE 17,519
AGENCIES ADMINISTERING SOCIAL SERVICE DUTIES INCLUDED IN THE 17,520
AGREEMENT MUST SATISFY. THE AGREEMENT SHALL ESTABLISH, SPECIFY, 17,521
OR PROVIDE FOR ALL OF THE FOLLOWING:
(1) REQUIREMENTS GOVERNING THE ADMINISTRATION AND DESIGN 17,523
OF, AND COUNTY SOCIAL SERVICE AGENCIES' COOPERATION TO ENHANCE, 17,524
SOCIAL SERVICE DUTIES INCLUDED IN THE AGREEMENT; 17,525
(2) OUTCOMES THAT COUNTY SOCIAL SERVICE AGENCIES ARE 17,527
EXPECTED TO ACHIEVE FROM THE ADMINISTRATION AND DESIGN OF SOCIAL 17,528
SERVICE DUTIES INCLUDED IN THE AGREEMENT AND ASSISTANCE, 17,529
SERVICES, AND TECHNICAL SUPPORT THE STATE DEPARTMENT WILL PROVIDE 17,531
THE COUNTY SOCIAL SERVICE AGENCIES TO AID THE AGENCIES IN 17,532
ACHIEVING THE EXPECTED OUTCOMES;
(3) PERFORMANCE STANDARDS COUNTY SOCIAL SERVICE AGENCIES 17,534
ARE REQUIRED TO MEET IN THE ADMINISTRATION AND DESIGN OF SOCIAL 17,535
SERVICE DUTIES INCLUDED IN THE AGREEMENT AND ASSISTANCE, 17,536
SERVICES, AND TECHNICAL SUPPORT THE STATE DEPARTMENT WILL PROVIDE 17,538
THE COUNTY SOCIAL SERVICE AGENCIES TO AID THE AGENCIES IN MEETING 17,539
THE PERFORMANCE STANDARDS;
(4) CRITERIA AND METHODOLOGY THE STATE DEPARTMENT WILL USE 17,542
TO EVALUATE WHETHER EXPECTED OUTCOMES ARE ACHIEVED AND
PERFORMANCE STANDARDS ARE MET AND COUNTY SOCIAL SERVICE AGENCIES 17,543
428
WILL USE TO EVALUATE WHETHER THE STATE DEPARTMENT IS PROVIDING 17,544
AGREED UPON ASSISTANCE, SERVICES, AND TECHNICAL SUPPORT; 17,545
(5) ANNUAL FINANCIAL, ADMINISTRATIVE, OR OTHER INCENTIVE 17,548
AWARDS, IF ANY, TO BE PROVIDED IN ACCORDANCE WITH SECTION 5101.23 17,550
OF THE REVISED CODE FOR EXCEEDING PERFORMANCE STANDARDS; 17,552
(6) THE STATE DEPARTMENT TAKING ACTION AGAINST A COUNTY 17,554
SOCIAL SERVICE AGENCY PURSUANT TO DIVISION (B) OF SECTION 5101.24 17,556
OF THE REVISED CODE IF DIVISION (A)(1), (2), OR (3) OF THAT 17,559
SECTION APPLIES TO THE AGENCY; 17,560
(7) THE FUNDING OF SOCIAL SERVICE DUTIES INCLUDED IN THE 17,562
AGREEMENT AND WHETHER THE STATE DEPARTMENT WILL PROVIDE FUNDING 17,563
FOR TWO OR MORE COUNTY DEPARTMENT OF HUMAN SERVICES' DUTIES 17,564
INCLUDED IN THE AGREEMENT PURSUANT TO A COMBINED FUNDING 17,565
ALLOCATION UNDER DIVISION (C) OF THIS SECTION. THE AGREEMENT 17,567
SHALL EITHER SPECIFY THE AMOUNT OF PAYMENTS TO BE MADE FOR THE 17,568
SOCIAL SERVICE DUTIES INCLUDED IN THE AGREEMENT OR THE METHOD 17,569
THAT WILL BE USED TO DETERMINE THE AMOUNT OF PAYMENTS. 17,570
(8) AUDITS REQUIRED BY FEDERAL STATUTES AND REGULATIONS 17,572
AND STATE LAW AND REQUIREMENTS FOR PROMPT RELEASE OF AUDIT 17,573
FINDINGS AND PROMPT ACTION TO CORRECT PROBLEMS IDENTIFIED IN AN 17,574
AUDIT; 17,575
(9) WHICH, IF ANY, OF THE STATE DEPARTMENT'S RULES WILL BE 17,578
WAIVED SO THAT A POLICY PROVIDED FOR IN THE AGREEMENT MAY BE
IMPLEMENTED; 17,579
(10) THE METHOD OF AMENDING OR TERMINATING THE AGREEMENT 17,581
AND AN EXPEDITED PROCESS FOR CORRECTING TERMS OR CONDITIONS OF 17,582
THE AGREEMENT THAT THE DIRECTOR AND BOARD AGREE ARE ERRONEOUS; 17,584
(11) DISPUTE RESOLUTION PROCEDURES FOR ANTICIPATED AND 17,586
UNANTICIPATED DISPUTES. THE AGREEMENT MAY ESTABLISH DIFFERENT 17,587
DISPUTE RESOLUTION PROCEDURES FOR DIFFERENT TYPES OF DISPUTES. 17,588
DISPUTE RESOLUTION PROCEDURES MAY INCLUDE NEGOTIATION, MEDIATION, 17,590
ARBITRATION, ADJUDICATION CONDUCTED BY A HEARING OFFICER OR 17,591
FACT-FINDING PANEL, AND OTHER PROCEDURES.
(12) THE DATE THE AGREEMENT IS TO COMMENCE OR END. AN 17,593
429
AGREEMENT MAY NOT COMMENCE BEFORE IT IS ENTERED INTO NOR END 17,594
LATER THAN THE LAST DAY OF THE STATE FISCAL BIENNIUM FOR WHICH IT 17,596
IS ENTERED INTO.
(13) OTHER PROVISIONS DETERMINED NECESSARY BY THE STATE 17,598
DEPARTMENT AND THE COUNTY SOCIAL SERVICES AGENCY. 17,599
(C) THE STATE DEPARTMENT SHALL MAKE PAYMENTS AUTHORIZED BY 17,602
A PARTNERSHIP AGREEMENT ON VOUCHERS IT PREPARES AND MAY INCLUDE 17,604
ANY FUNDS APPROPRIATED OR ALLOCATED TO IT FOR CARRYING OUT SOCIAL 17,605
SERVICE DUTIES VESTED IN THE BOARD OF COUNTY COMMISSIONERS UNDER 17,606
THE AGREEMENT, INCLUDING FUNDS FOR PERSONAL SERVICES AND 17,607
MAINTENANCE.
TO THE EXTENT PRACTICABLE AND NOT IN CONFLICT WITH FEDERAL 17,609
STATUTES OR REGULATIONS, STATE LAW, OR AN APPROPRIATION MADE BY 17,611
THE GENERAL ASSEMBLY, THE DEPARTMENT MAY ESTABLISH A CONSOLIDATED 17,612
FUNDING ALLOCATION FOR TWO OR MORE OF A COUNTY DEPARTMENT OF 17,613
HUMAN SERVICES' DUTIES INCLUDED IN THE AGREEMENT. A COUNTY 17,614
DEPARTMENT OF HUMAN SERVICES SHALL USE FUNDS AVAILABLE IN A 17,615
CONSOLIDATED FUNDING ALLOCATION ONLY FOR THE PURPOSE FOR WHICH
THE FUNDS WERE APPROPRIATED. 17,616
(D) THE DIRECTOR OF HUMAN SERVICES MAY ENTER INTO 17,619
PARTNERSHIP AGREEMENTS WITH ONE OR MORE BOARDS OF COUNTY 17,620
COMMISSIONERS AT A TIME BUT AN AGREEMENT MUST BE ENTERED INTO 17,621
WITH EACH BOARD NOT LATER THAN JANUARY 1, 2000. UNTIL A 17,622
PARTNERSHIP AGREEMENT WITH A BOARD IS ENTERED INTO AND 17,623
IMPLEMENTED, A COUNTY SOCIAL SERVICE AGENCY SERVING THE COUNTY 17,624
THAT THE BOARD SERVES SHALL PERFORM ITS SOCIAL SERVICE DUTIES IN 17,625
THE MANNER THEY ARE PERFORMED ON THE EFFECTIVE DATE OF THIS 17,626
SECTION WITH THE EXCEPTION THAT A COUNTY SOCIAL SERVICES AGENCY 17,627
MAY IMPLEMENT CHANGES AUTHORIZED BY FEDERAL STATUTES OR 17,628
REGULATIONS, STATE STATUTES, OR STATE DEPARTMENT RULES. 17,629
Sec. 5101.211. THE DIRECTOR OF HUMAN SERVICES MAY ENTER 17,631
INTO A WRITTEN AGREEMENT WITH ONE OR MORE STATE AGENCIES, AS 17,632
DEFINED IN SECTION 117.01 OF THE REVISED CODE, AND STATE 17,634
UNIVERSITIES AND COLLEGES TO ASSIST IN THE COORDINATION, 17,635
430
PROVISION, OR ENHANCEMENT OF THE SOCIAL SERVICE DUTIES OF A 17,636
COUNTY SOCIAL SERVICE AGENCY. THE DIRECTOR ALSO MAY ENTER INTO 17,637
WRITTEN AGREEMENTS OR CONTRACTS WITH, OR ISSUE GRANTS TO, PRIVATE 17,638
AND GOVERNMENT ENTITIES UNDER WHICH FUNDS ARE PROVIDED FOR THE 17,639
ENHANCEMENT OR INNOVATION OF HUMAN SERVICE ACTIVITIES ON THE 17,640
STATE OR LOCAL LEVEL. THE TERMS OF AN AGREEMENT, CONTRACT, OR 17,641
GRANT UNDER THIS SECTION MAY BE INCORPORATED INTO A PARTNERSHIP 17,642
AGREEMENT THE DIRECTOR ENTERS INTO WITH A BOARD OF COUNTY 17,643
COMMISSIONERS UNDER SECTION 5101.21 OF THE REVISED CODE, IF THE 17,646
DIRECTOR AND BOARD AND STATE AGENCY, STATE UNIVERSITY OR COLLEGE, 17,647
OR PRIVATE OR GOVERNMENT ENTITY AGREE. 17,648
Sec. 5101.212. IF THE DIRECTOR OF HUMAN SERVICES ENTERS 17,650
INTO AN AGREEMENT OR CONTRACTS WITH, OR ISSUES A GRANT TO, A 17,651
RELIGIOUS ORGANIZATION UNDER SECTION 5101.211 OF THE REVISED 17,654
CODE, THE RELIGIOUS ORGANIZATION SHALL COMPLY WITH SECTION 104 OF 17,655
THE PERSONAL RESPONSIBILITY AND WORK OPPORTUNITY AND 17,660
RECONCILIATION ACT OF 1996 (P.L. 104-193). 17,663
Sec. 5101.22. THE DEPARTMENT OF HUMAN SERVICES MAY 17,665
ESTABLISH PERFORMANCE STANDARDS FOR THE ADMINISTRATION OF SOCIAL 17,666
SERVICE DUTIES AND DETERMINE AT INTERVALS THE DEPARTMENT DECIDES 17,668
THE DEGREE TO WHICH A COUNTY SOCIAL SERVICE AGENCY COMPLIES WITH 17,669
A PERFORMANCE STANDARD. THE DEPARTMENT MAY USE STATISTICAL 17,670
SAMPLING, PERFORMANCE AUDITS, CASE REVIEWS, OR OTHER METHODS IT 17,671
DETERMINES NECESSARY AND APPROPRIATE TO DETERMINE COMPLIANCE WITH 17,672
PERFORMANCE STANDARDS.
A PERFORMANCE STANDARD ESTABLISHED UNDER THIS SECTION FOR A 17,675
SOCIAL SERVICE DUTY DOES NOT APPLY TO A COUNTY SOCIAL SERVICE
AGENCY ADMINISTERING THE DUTY IF A DIFFERENT PERFORMANCE STANDARD 17,677
IS SPECIFIED FOR THE AGENCY'S ADMINISTRATION OF THE DUTY PURSUANT 17,678
TO A PARTNERSHIP AGREEMENT ENTERED INTO UNDER SECTION 5101.21 OF 17,679
THE REVISED CODE. 17,680
Sec. 5101.23. SUBJECT TO THE AVAILABILITY OF FUNDS, THE 17,682
DEPARTMENT OF HUMAN SERVICES MAY PROVIDE ANNUAL FINANCIAL, 17,683
ADMINISTRATIVE, OR OTHER INCENTIVE AWARDS TO COUNTY SOCIAL 17,684
431
SERVICE AGENCIES THAT EXCEED PERFORMANCE STANDARDS SPECIFIED IN A 17,686
PARTNERSHIP AGREEMENT ENTERED INTO UNDER SECTION 5101.21 OR
ESTABLISHED UNDER SECTION 5101.22 OF THE REVISED CODE. THE 17,687
AMOUNT OF A FINANCIAL INCENTIVE AWARD SHALL BE BASED ON THE 17,688
DEGREE TO WHICH A COUNTY SOCIAL SERVICE AGENCY EXCEEDS A 17,689
PERFORMANCE STANDARD AND THE AMOUNT OF MONEY AVAILABLE IN THE 17,690
SOCIAL SERVICES INCENTIVE FUND ESTABLISHED UNDER THIS SECTION. A 17,691
COUNTY SOCIAL SERVICE AGENCY MAY SPEND FUNDS PROVIDED AS A 17,692
FINANCIAL INCENTIVE AWARD ONLY FOR THE PURPOSE FOR WHICH THE 17,693
FUNDS ARE APPROPRIATED.
THERE IS HEREBY CREATED IN THE STATE TREASURY THE SOCIAL 17,695
SERVICES INCENTIVE FUND. THE DIRECTOR OF HUMAN SERVICES MAY 17,696
REQUEST THAT THE DIRECTOR OF BUDGET AND MANAGEMENT TRANSFER FUNDS 17,698
IN THE OHIO WORKS FIRST RESERVE FUND CREATED UNDER SECTION
5107.06 OF THE REVISED CODE AND OTHER FUNDS APPROPRIATED FOR 17,699
SOCIAL SERVICE DUTIES INTO THE FUND. IF THE DIRECTOR OF BUDGET 17,701
AND MANAGEMENT DETERMINES THAT THE FUNDS IDENTIFIED BY THE 17,702
DIRECTOR OF HUMAN SERVICES ARE AVAILABLE AND APPROPRIATE FOR 17,703
TRANSFER, THE DIRECTOR OF BUDGET AND MANAGEMENT SHALL MAKE THE 17,704
TRANSFER. MONEY IN THE FUND SHALL BE USED TO PROVIDE INCENTIVE 17,705
AWARDS UNDER THIS SECTION.
Sec. 5101.24. (A) THE DEPARTMENT OF HUMAN SERVICES MAY 17,707
TAKE ACTION AGAINST A COUNTY SOCIAL SERVICE AGENCY UNDER DIVISION 17,709
(B) OF THIS SECTION IF THE DEPARTMENT DETERMINES ANY OF THE 17,710
FOLLOWING APPLY TO THE AGENCY AS REGARDS A SOCIAL SERVICE DUTY: 17,711
(1) THE AGENCY FAILS TO MEET A PERFORMANCE STANDARD 17,713
SPECIFIED IN A PARTNERSHIP AGREEMENT ENTERED INTO UNDER SECTION 17,714
5101.21 OR ESTABLISHED UNDER SECTION 5101.22 OF THE REVISED CODE; 17,715
(2) THE AGENCY FAILS TO COMPLY WITH A REQUIREMENT 17,717
ESTABLISHED BY FEDERAL STATUTE OR REGULATIONS, STATE STATUTE, OR 17,718
A DEPARTMENT RULE; 17,719
(3) THE AGENCY IS SOLELY OR PARTIALLY RESPONSIBLE FOR, OR 17,721
CONTRIBUTES TO, AN ADVERSE AUDIT OR QUALITY CONTROL FINDING, 17,722
FINAL DISALLOWANCE OF FEDERAL FINANCIAL PARTICIPATION, OR OTHER 17,723
432
SANCTION OR PENALTY. 17,724
(B) THE DEPARTMENT MAY TAKE ONE OR MORE OF THE FOLLOWING 17,728
ACTIONS AGAINST A COUNTY SOCIAL SERVICE AGENCY IF DIVISION 17,729
(A)(1), (2), OR (3) OF THIS SECTION APPLIES TO THE AGENCY: 17,730
(1) REQUIRE THE AGENCY TO SUBMIT TO AND COMPLY WITH A 17,732
CORRECTIVE ACTION PLAN PURSUANT TO A TIME SCHEDULE SPECIFIED BY 17,733
THE DEPARTMENT; 17,734
(2) IMPOSE A FINANCIAL OR ADMINISTRATIVE SANCTION AGAINST 17,736
THE AGENCY, WHICH MAY INCLUDE REQUIRING THE AGENCY TO SHARE WITH 17,737
THE DEPARTMENT A FINAL DISALLOWANCE OF FEDERAL FINANCIAL 17,738
PARTICIPATION OR OTHER SANCTION OR PENALTY. A SANCTION MAY BE 17,739
INCREASED IF THE DEPARTMENT HAS PREVIOUSLY TAKEN ACTION AGAINST 17,740
THE AGENCY UNDER THIS DIVISION. 17,741
(3) PERFORM A SOCIAL SERVICE DUTY FOR THE AGENCY UNTIL THE 17,744
DEPARTMENT IS SATISFIED THAT THE AGENCY WILL PERFORM THE DUTY 17,745
SATISFACTORILY. IF THE DEPARTMENT ADMINISTERS A SOCIAL SERVICE 17,746
DUTY UNDER DIVISION (B)(3) OF THIS SECTION, THE DEPARTMENT MAY 17,748
SPEND FUNDS IN THE COUNTY TREASURY APPROPRIATED FOR THE DUTY. 17,749
(4) REQUEST THAT THE ATTORNEY GENERAL BRING MANDAMUS 17,751
PROCEEDINGS TO COMPEL THE AGENCY TO TAKE OR CEASE THE ACTION THAT 17,753
CAUSES DIVISION (A)(1), (2), OR (3) OF THIS SECTION TO APPLY TO 17,754
THE AGENCY. THE ATTORNEY GENERAL SHALL BRING MANDAMUS 17,755
PROCEEDINGS IN THE FRANKLIN COUNTY COURT OF APPEALS AT THE 17,757
DEPARTMENT'S REQUEST.
(C) IF THE DEPARTMENT DECIDES TO TAKE ACTION AGAINST A 17,760
COUNTY SOCIAL SERVICE AGENCY UNDER DIVISION (B) OF THIS SECTION, 17,762
THE DEPARTMENT SHALL NOTIFY THE AGENCY, BOARD OF COUNTY
COMMISSIONERS, AND COUNTY AUDITOR IN WRITING. 17,763
THE COUNTY SOCIAL SERVICE AGENCY MAY REQUEST AN 17,765
ADMINISTRATIVE REVIEW OF THE PROPOSED ACTION BY SENDING A WRITTEN 17,767
REQUEST TO THE DEPARTMENT NOT LATER THAN FORTY-FIVE DAYS AFTER 17,768
THE DEPARTMENT MAILS THE NOTICE TO THE AGENCY. IF AN
ADMINISTRATIVE REVIEW IS REQUESTED, THE DEPARTMENT AND AGENCY MAY 17,770
ENTER INTO A WRITTEN AGREEMENT SETTING FORTH THE DISPUTE
433
RESOLUTION PROCEDURES TO BE USED TO RESOLVE THE DISPUTE AND ANY 17,771
OTHER PROCEDURAL MATTERS THE DEPARTMENT AND AGENCY AGREE WILL 17,772
ASSIST IN REACHING A PROMPT, FAIR, AND EQUITABLE RESOLUTION. IF 17,773
THE DEPARTMENT AND AGENCY FAIL TO ENTER INTO SUCH AN AGREEMENT 17,774
NOT LATER THAN SIXTY DAYS AFTER THE AGENCY REQUESTS THE 17,775
ADMINISTRATIVE REVIEW, THE DEPARTMENT SHALL CONDUCT A HEARING IN 17,776
ACCORDANCE WITH CHAPTER 119. OF THE REVISED CODE, EXCEPT THAT THE 17,779
DEPARTMENT, NOTWITHSTANDING SECTION 119.07 OF THE REVISED CODE, 17,782
IS NOT REQUIRED TO SCHEDULE THE HEARING WITHIN FIFTEEN DAYS OF 17,783
THE AGENCY'S REQUEST. 17,784
Sec. 5101.25. THE DEPARTMENT OF HUMAN SERVICES, IN 17,786
CONSULTATION WITH COUNTY REPRESENTATIVES, SHALL DEVELOP ANNUAL 17,787
TRAINING GOALS AND MODEL TRAINING CURRICULUM FOR EMPLOYEES OF 17,788
COUNTY SOCIAL SERVICES AGENCIES AND IDENTIFY A VARIETY OF STATE 17,790
FUNDED TRAINING OPPORTUNITIES TO MEET THE PROPOSED GOALS. 17,791
Sec. 5101.26. AS USED IN SECTIONS 5101.26 TO 5101.30 OF 17,793
THE REVISED CODE:
(A) "COUNTY AGENCY" MEANS A COUNTY DEPARTMENT OF HUMAN 17,796
SERVICES OR A PUBLIC CHILDREN SERVICES AGENCY. 17,797
(B) "INFORMATION" MEANS RECORDS AS DEFINED IN SECTION 17,800
149.011 OF THE REVISED CODE, ANY OTHER DOCUMENTS IN ANY FORMAT, 17,801
AND DATA DERIVED FROM RECORDS AND DOCUMENTS THAT ARE GENERATED, 17,802
ACQUIRED, OR MAINTAINED BY THE STATE DEPARTMENT OF HUMAN 17,803
SERVICES, A COUNTY AGENCY, OR AN ENTITY PERFORMING DUTIES ON 17,804
BEHALF OF THE STATE DEPARTMENT OR A COUNTY AGENCY.
(C) "LAW ENFORCEMENT AGENCY" MEANS THE STATE HIGHWAY 17,807
PATROL, AN AGENCY THAT EMPLOYS PEACE OFFICERS AS DEFINED IN 17,808
SECTION 109.71 OF THE REVISED CODE, A PROSECUTING ATTORNEY, THE 17,809
ADULT PAROLE AUTHORITY, A COUNTY DEPARTMENT OF PROBATION, THE
ATTORNEY GENERAL, SIMILAR AGENCIES OF OTHER STATES, FEDERAL LAW 17,811
ENFORCEMENT AGENCIES, AND POSTAL INSPECTORS. "LAW ENFORCEMENT 17,812
AGENCY" INCLUDES THE PEACE OFFICERS AND OTHER LAW ENFORCEMENT 17,813
OFFICERS EMPLOYED BY THE AGENCY. 17,814
(D) "PUBLIC ASSISTANCE" MEANS FINANCIAL ASSISTANCE, 17,817
434
MEDICAL ASSISTANCE, OR SOCIAL SERVICES PROVIDED UNDER A PROGRAM 17,818
ADMINISTERED BY THE STATE DEPARTMENT OR A COUNTY AGENCY PURSUANT 17,819
TO CHAPTER 329., 5101., 5104., 5107., 5111., OR 5115. OF THE 17,821
REVISED CODE. "PUBLIC ASSISTANCE" DOES NOT INCLUDE CHILD SUPPORT 17,822
ENFORCEMENT SERVICES OR CHILD PROTECTIVE SERVICES. 17,823
(E) "PUBLIC ASSISTANCE RECIPIENT" MEANS AN APPLICANT FOR 17,826
OR RECIPIENT OR FORMER RECIPIENT OF PUBLIC ASSISTANCE OR 17,827
PARTICIPANT OR FORMER PARTICIPANT IN OHIO WORKS FIRST. 17,828
Sec. 5101.27. (A) EXCEPT AS PERMITTED BY THIS SECTION, 17,831
SECTION 5101.28 OR 5101.29 OF THE REVISED CODE, OR THE RULES 17,832
ADOPTED UNDER DIVISION (A) OF SECTION 5101.30 OF THE REVISED 17,834
CODE, OR REQUIRED BY FEDERAL LAW, NO PERSON OR GOVERNMENT ENTITY 17,835
SHALL SOLICIT, DISCLOSE, RECEIVE, USE, OR KNOWINGLY PERMIT, OR 17,836
PARTICIPATE IN THE USE OF ANY INFORMATION REGARDING A PUBLIC 17,837
ASSISTANCE RECIPIENT FOR ANY PURPOSE NOT DIRECTLY CONNECTED WITH 17,838
THE ADMINISTRATION OF A PUBLIC ASSISTANCE PROGRAM. 17,839
(B)(1) TO THE EXTENT PERMITTED BY FEDERAL LAW, THE STATE 17,842
DEPARTMENT OF HUMAN SERVICES AND COUNTY AGENCIES SHALL RELEASE 17,843
INFORMATION REGARDING A PUBLIC ASSISTANCE RECIPIENT FOR PURPOSES 17,844
DIRECTLY CONNECTED TO THE ADMINISTRATION OF THE PROGRAM TO A 17,845
GOVERNMENT ENTITY RESPONSIBLE FOR ADMINISTERING A PUBLIC 17,846
ASSISTANCE PROGRAM OR ANY OTHER STATE, FEDERAL, OR FEDERALLY 17,847
ASSISTED PROGRAM THAT PROVIDES CASH OR IN-KIND ASSISTANCE OR 17,848
SERVICES DIRECTLY TO INDIVIDUALS BASED ON NEED OR FOR THE PURPOSE 17,849
OF PROTECTING CHILDREN TO A GOVERNMENT ENTITY RESPONSIBLE FOR 17,850
ADMINISTERING A CHILDREN'S PROTECTIVE SERVICES PROGRAM. 17,851
(2) TO THE EXTENT PERMITTED BY FEDERAL LAW, THE STATE 17,853
DEPARTMENT AND COUNTY AGENCIES SHALL PROVIDE INFORMATION 17,854
REGARDING A PUBLIC ASSISTANCE RECIPIENT TO A LAW ENFORCEMENT 17,855
AGENCY FOR THE PURPOSE OF ANY INVESTIGATION, PROSECUTION, OR 17,856
CRIMINAL OR CIVIL PROCEEDING RELATING TO THE ADMINISTRATION OF A 17,857
PUBLIC ASSISTANCE PROGRAM. 17,858
(C) TO THE EXTENT PERMITTED BY FEDERAL LAW AND SECTION 17,861
1347.08 OF THE REVISED CODE, THE STATE DEPARTMENT AND COUNTY 17,862
435
AGENCIES SHALL PROVIDE ACCESS TO INFORMATION REGARDING A PUBLIC 17,863
ASSISTANCE RECIPIENT TO ALL OF THE FOLLOWING: 17,864
(1) THE RECIPIENT; 17,866
(2) THE AUTHORIZED REPRESENTATIVE, AS DEFINED IN RULES 17,868
ADOPTED UNDER SECTION 5101.30 OF THE REVISED CODE, OF THE 17,869
RECIPIENT;
(3) THE PARENT OR GUARDIAN OF THE RECIPIENT; 17,871
(4) THE ATTORNEY OF THE RECIPIENT, IF THE ATTORNEY HAS 17,873
WRITTEN AUTHORIZATION FROM THE RECIPIENT. 17,874
(D) TO THE EXTENT PERMITTED BY FEDERAL LAW, THE STATE 17,877
DEPARTMENT AND COUNTY AGENCIES MAY RELEASE INFORMATION ABOUT A 17,878
PUBLIC ASSISTANCE RECIPIENT IF THE RECIPIENT GIVES VOLUNTARY, 17,879
WRITTEN CONSENT THAT SPECIFICALLY IDENTIFIES THE PERSONS OR 17,880
GOVERNMENT ENTITIES TO WHICH THE INFORMATION MAY BE RELEASED. 17,881
THE STATE DEPARTMENT OR COUNTY AGENCY SHALL RELEASE THE 17,883
INFORMATION ONLY TO THE PERSONS OR GOVERNMENT ENTITIES SPECIFIED 17,884
IN THE DOCUMENT EVIDENCING CONSENT. CONSENT MAY BE TIME-LIMITED 17,885
OR ONGOING, AT THE DISCRETION OF THE INDIVIDUAL GIVING IT, AND 17,886
MAY BE RESCINDED AT ANY TIME; HOWEVER, AN INDIVIDUAL CANNOT 17,887
RESCIND CONSENT RETROACTIVELY. THE DOCUMENT EVIDENCING CONSENT 17,888
MUST STATE THAT CONSENT MAY BE RESCINDED. 17,889
THE STATE DEPARTMENT OR A COUNTY AGENCY MAY RELEASE 17,891
INFORMATION UNDER THIS DIVISION CONCERNING A RECEIPT OF MEDICAL 17,892
ASSISTANCE UNDER CHAPTER 5111. OF THE REVISED CODE ONLY IF BOTH 17,894
OF THE FOLLOWING ARE THE CASE: 17,895
(1) THE RELEASE OF INFORMATION IS FOR PURPOSES DIRECTLY 17,897
CONNECTED TO THE ADMINISTRATION OF PROGRAMS CREATED UNDER CHAPTER 17,899
5111. OF THE REVISED CODE OR SERVICES PROVIDED UNDER PROGRAMS 17,900
CREATED UNDER THAT CHAPTER;
(2) THE INFORMATION IS RELEASED TO PERSONS OR GOVERNMENT 17,902
ENTITIES THAT ARE SUBJECT TO STANDARDS OF CONFIDENTIALITY AND 17,903
SAFEGUARDING INFORMATION SUBSTANTIALLY COMPARABLE TO THOSE 17,904
ESTABLISHED FOR PROGRAMS CREATED UNDER CHAPTER 5111. OF THE 17,906
REVISED CODE.
436
Sec. 5101.28. TO THE EXTENT PERMITTED BY FEDERAL LAW, THE 17,909
STATE DEPARTMENT OF HUMAN SERVICES, COUNTY DEPARTMENTS OF HUMAN 17,910
SERVICES, AND EMPLOYEES OF THE DEPARTMENTS MAY REPORT TO A PUBLIC 17,911
CHILDREN SERVICES AGENCY OR OTHER APPROPRIATE AGENCY INFORMATION 17,912
ON KNOWN OR SUSPECTED PHYSICAL OR MENTAL INJURY, SEXUAL ABUSE OR 17,913
EXPLOITATION, OR NEGLIGENT TREATMENT OR MALTREATMENT, OF A CHILD 17,914
RECEIVING PUBLIC ASSISTANCE, IF CIRCUMSTANCES INDICATE THAT THE 17,915
CHILD'S HEALTH OR WELFARE IS THREATENED. 17,916
Sec. 5101.29. WHEN CONTAINED IN A RECORD HELD BY THE STATE 17,919
DEPARTMENT OF HUMAN SERVICES OR A COUNTY AGENCY, THE FOLLOWING 17,920
ARE NOT PUBLIC RECORDS FOR PURPOSES OF SECTION 149.43 OF THE 17,921
REVISED CODE:
(A) NAMES AND OTHER IDENTIFYING INFORMATION REGARDING 17,924
CHILDREN ENROLLED IN OR ATTENDING A CHILD DAY-CARE CENTER OR HOME 17,925
SUBJECT TO LICENSURE, CERTIFICATION, OR REGISTRATION UNDER 17,926
CHAPTER 5104. OF THE REVISED CODE;
(B) NAMES AND OTHER IDENTIFYING INFORMATION REGARDING A 17,929
PERSON WHO MAKES AN ORAL OR WRITTEN COMPLAINT REGARDING A CHILD 17,930
DAY-CARE CENTER OR HOME SUBJECT TO LICENSURE, CERTIFICATION, OR 17,931
REGISTRATION TO THE STATE DEPARTMENT OR OTHER STATE OR COUNTY 17,933
ENTITY RESPONSIBLE FOR ENFORCING CHAPTER 5104. OF THE REVISED 17,934
CODE.
Sec. 5101.30. (A) THE STATE DEPARTMENT OF HUMAN SERVICES 17,937
SHALL ADOPT RULES IN ACCORDANCE WITH CHAPTER 119. OF THE REVISED 17,938
CODE IMPLEMENTING SECTIONS 5101.26 TO 5101.30 OF THE REVISED CODE 17,939
AND GOVERNING THE CUSTODY, USE, AND PRESERVATION OF THE 17,940
INFORMATION GENERATED OR RECEIVED BY THE STATE DEPARTMENT, COUNTY 17,941
AGENCIES, OTHER STATE AND COUNTY ENTITIES, CONTRACTORS, GRANTEES, 17,942
PRIVATE ENTITIES, OR OFFICIALS PARTICIPATING IN THE 17,943
ADMINISTRATION OF PUBLIC ASSISTANCE PROGRAMS. THE RULES SHALL 17,944
SPECIFY CONDITIONS AND PROCEDURES FOR THE RELEASE OF INFORMATION. 17,945
THE RULES SHALL COMPLY WITH APPLICABLE FEDERAL STATUTES AND 17,946
REGULATIONS. TO THE EXTENT PERMITTED BY FEDERAL LAW: 17,947
(1) THE RULES MAY PERMIT PROVIDERS OF SERVICES OR 17,949
437
ASSISTANCE UNDER PUBLIC ASSISTANCE PROGRAMS LIMITED ACCESS TO 17,950
INFORMATION THAT IS ESSENTIAL FOR THE PROVIDERS TO RENDER 17,951
SERVICES OR ASSISTANCE OR TO BILL FOR SERVICES OR ASSISTANCE 17,952
RENDERED. THE DEPARTMENT OF AGING, WHEN INVESTIGATING A 17,953
COMPLAINT UNDER SECTION 173.20 OF THE REVISED CODE, SHALL BE 17,954
GRANTED ANY LIMITED ACCESS PERMITTED IN THE RULES PURSUANT TO 17,955
DIVISION (A)(1) OF THIS SECTION. 17,956
(2) THE RULES MAY PERMIT A CONTRACTOR, GRANTEE, OR OTHER 17,958
STATE OR COUNTY ENTITY LIMITED ACCESS TO INFORMATION THAT IS 17,959
ESSENTIAL FOR THE CONTRACTOR, GRANTEE, OR ENTITY TO PERFORM 17,960
ADMINISTRATIVE OR OTHER DUTIES ON BEHALF OF THE STATE DEPARTMENT 17,961
OR COUNTY AGENCY. A CONTRACTOR, GRANTEE, OR ENTITY GIVEN ACCESS 17,962
TO INFORMATION PURSUANT TO DIVISION (A)(2) OF THIS SECTION IS 17,964
BOUND BY THE STATE DEPARTMENT'S RULES, AND DISCLOSURE OF THE 17,965
INFORMATION BY THE CONTRACTOR, GRANTEE, OR ENTITY IN A MANNER NOT 17,967
AUTHORIZED BY THE RULES IS A VIOLATION OF SECTION 5101.27 OF THE
REVISED CODE.
(B) WHENEVER NAMES, ADDRESSES, OR OTHER INFORMATION 17,970
RELATING TO PUBLIC ASSISTANCE RECIPIENTS IS HELD BY ANY AGENCY 17,971
OTHER THAN THE STATE DEPARTMENT OR A COUNTY AGENCY, THAT OTHER 17,972
AGENCY SHALL ADOPT RULES CONSISTENT WITH SECTIONS 5101.26 TO 17,973
5101.30 OF THE REVISED CODE TO PREVENT THE PUBLICATION OR 17,974
DISCLOSURE OF NAMES, LISTS, OR OTHER INFORMATION CONCERNING THOSE 17,975
RECIPIENTS.
Sec. 5101.31. (A) As used in this section: 17,984
(1) Child support enforcement agency" means an agency 17,986
designated as a child support enforcement agency under section 17,987
2301.25 of the Revised Code. 17,988
(2) "Law, "LAW enforcement entity" means a public entity 17,991
that employs a law enforcement officer. 17,992
(B) The division of child support is hereby created in the 17,995
department of human services. The division shall establish and 17,996
administer a program of child support enforcement, which program 17,997
shall meet the requirements of Title IV-D of the "Social Security 17,998
438
Act," 88 Stat. 2351 (1975), 42 U.S.C. 651, as amended, and any 17,999
rules promulgated under Title IV-D. The program of child support 18,000
enforcement shall include, but not be limited to, the location of 18,001
absent parents, the establishment of parentage, the establishment 18,002
and modification of child support orders and medical support 18,003
orders, the enforcement of support orders, and the collection of 18,004
support obligations.
The department shall charge an application fee of up to 18,006
twenty-five dollars, as determined by rule adopted by the 18,007
department pursuant to Chapter 119. of the Revised Code, for 18,008
furnishing services under Title IV-D of the "Social Security 18,009
Act," 88 Stat. 2351 (1975), 42 U.S.C. 651, as amended, to persons 18,010
not receiving aid to dependent children PARTICIPATING IN OHIO 18,012
WORKS FIRST UNDER CHAPTER 5107. OF THE REVISED CODE. The 18,013
department shall adopt rules pursuant to Chapter 119. of the 18,014
Revised Code authorizing counties, at their option, to waive the 18,015
payment of the fee. The application fee, unless waived pursuant 18,016
to rules adopted by the department pursuant to this section, 18,017
shall be paid by those persons. 18,018
(C) The division of child support shall establish, by rule 18,020
adopted pursuant to Chapter 119. of the Revised Code, a program 18,021
of spousal support enforcement in conjunction with child support 18,022
enforcement. The program shall conform, to the extent 18,023
practicable, to the program for child support enforcement 18,024
established pursuant to division (B) of this section. 18,025
(D) The department of human services shall enter into an 18,027
agreement with the secretary of health and human services, as 18,028
authorized by the "Parental Kidnapping Prevention Act of 1980," 18,029
94 Stat. 3572, 42 U.S.C. 663, as amended, under which the 18,030
services of the parent locater service established pursuant to 18,031
Title IV-D of the "Social Security Act," 88 Stat. 2351 (1975), 42 18,032
U.S.C. 651, as amended, shall be made available to this state for 18,033
the purpose of determining the whereabouts of any absent parent 18,034
or child in order to enforce a law with respect to the unlawful 18,035
439
taking or restraint of a child, or to make or enforce a 18,036
determination as to the allocation, between the parents of a 18,037
child, of the parental rights and responsibilities for the care 18,038
of a child and the designation of the residential parent and 18,039
legal custodian of a child or otherwise as to the custody of a 18,040
child. 18,041
(E) The division of child support shall not use any social 18,043
security number made available to it under section 3705.07 of the 18,044
Revised Code for any purpose other than child support 18,045
enforcement. 18,046
(F) Except as provided by the rules adopted pursuant to 18,048
this division, no person shall disclose information concerning 18,049
applicants for and recipients of Title IV-D support enforcement 18,050
program services provided by a child support enforcement agency. 18,051
The department of human services shall adopt rules governing 18,052
access to, and use and disclosure of, information concerning 18,053
applicants for and recipients of Title IV-D support enforcement 18,054
program services provided by a child support enforcement agency. 18,055
The rules shall be consistent with the requirements of Title IV-D 18,056
of the "Social Security Act," 88 Stat. 2351 (1975), 42 U.S.C.
651, as amended, and any rules adopted under Title IV-D. 18,057
(G)(1) Except as provided in division (G)(2) of this 18,060
section, the department of human services shall have access to 18,061
any information in the possession of any officer, board,
commission, or agency of the state that would aid the department 18,062
in locating an absent parent or child pursuant to division (D) of 18,064
this section, unless release of the information is prohibited by 18,065
federal law.
(2) The department of taxation, the bureau of motor 18,067
vehicles, and a law enforcement entity shall provide information 18,068
the division of child support requests from the department, 18,069
bureau, or entity that will enable the division to locate a 18,070
parent the division or a child support enforcement agency is 18,071
seeking pursuant to child support enforcement activities. The 18,072
440
department, bureau, or entity may provide such information to a 18,073
child support enforcement agency at the agency's request or 18,074
require the agency to request that the division of child support 18,075
request the information for the agency. The division shall 18,076
request the information from the department, bureau, or entity on 18,078
the request of a child support enforcement agency.
The only information the department shall provide the 18,080
division or an agency under this section is the name and address 18,081
of a parent the division or agency is seeking. The information 18,082
the bureau or entity shall provide to the division or an agency 18,083
under this section is the information Title IV-D of the "Social 18,084
Security Act" requires the division or agency be able to receive. 18,085
The division or agency shall reimburse the department, 18,087
bureau, or entity for the cost of providing the information. If 18,089
the division requests the information for an agency, the agency 18,090
shall reimburse the division for reimbursing the department, 18,091
bureau, or entity.
Sec. 5101.323. (A)(1) The division of child support in 18,101
the department of human services shall establish a program to 18,102
increase child support collections by publishing and distributing 18,103
a series of posters displaying child support obligors who are 18,104
delinquent in their support payments. Each poster shall display 18,105
photographs of, and information about, ten obligors who are 18,106
liable for support arrearages and whose whereabouts are unknown 18,107
to child support enforcement agencies. Each poster shall list a 18,108
toll-free telephone number for the division of child support that 18,109
may be called to report information regarding the whereabouts of 18,110
any of the obligors displayed on a poster. The division may 18,111
include any other information on the poster that it considers 18,112
appropriate. 18,113
(2) Any child support enforcement agency that chooses to 18,115
participate in the poster program established under division 18,116
(A)(1) of this section may submit names of obligors that meet the 18,117
criteria in division (B) of this section to the division. The 18,118
441
division shall select obligors to be displayed on a poster from 18,119
the names submitted by the agencies. 18,120
(3) The division shall send notice to each obligor whose 18,122
name was submitted to be displayed on the poster. The notice 18,123
shall be sent by regular mail to the obligor's last known address 18,124
and shall state that the obligor may avoid being included on the 18,125
poster by doing all of the following within ninety days after 18,126
receipt of the notice: 18,127
(a) Make a payment to the child support enforcement agency 18,129
that is at least equal to the amount of support the obligor is 18,130
required to pay each month under the support order; 18,131
(b) Provide the agency with the obligor's current address; 18,133
(c) Provide the agency with evidence from each of the 18,135
obligor's current employers of the obligor's current wages, 18,136
salary, and other compensation; 18,137
(d) Provide the agency with evidence that the obligor has 18,139
arranged for withholding from the obligor's wages, salary, or 18,140
other compensation to pay support and for payment of arrearages. 18,141
(4) The child support enforcement agency shall determine 18,143
whether any obligor whose name was submitted to be displayed on a 18,144
poster has met all the conditions of division (A)(3) of this 18,145
section. If it determines that an obligor has done so, it shall 18,146
give the division notice of its determination. On receipt of the 18,147
notice from the agency, the division shall remove the obligor 18,148
from the list of obligors submitted by that agency before making 18,149
the final selection of obligors for the poster. 18,150
(5) The division shall publish and distribute the first 18,152
set of posters throughout the state not later than October 1, 18,153
1992. The division shall publish and distribute subsequent sets 18,154
of posters not less than twice annually. 18,155
(B) A child support enforcement agency may submit the name 18,157
of a delinquent obligor to the division for inclusion on a poster 18,158
only if all of the following apply: 18,159
(1) The obligor is subject to a support order and there 18,161
442
has been an attempt to enforce the order through a public notice, 18,162
a wage withholding order, a lien on property, a financial 18,163
institution deduction order, or other court-ordered procedures. 18,164
(2) The department of human services reviewed the 18,166
obligor's records and confirms the child support enforcement 18,167
agency's finding that the obligor's name and photograph may be 18,168
submitted to be displayed on a poster. 18,169
(3) The agency does not know or is unable to verify the 18,171
obligor's whereabouts. 18,172
(4) The obligor is not a recipient of aid to dependent 18,174
children, PARTICIPANT IN OHIO WORKS FIRST OR RECIPIENT OF 18,175
disability assistance, supplemental security income, or food 18,176
stamps.
(5) The child support enforcement agency does not have 18,178
evidence that the obligor has filed for protection under the 18,179
federal Bankruptcy Code, 11 U.S.C.A. 101, as amended. 18,180
(6) The obligee gave written authorization to the agency 18,182
to display the obligor on a poster. 18,183
(7) A legal representative of the agency and a child 18,185
support enforcement administrator reviewed the case. 18,186
(8) The agency is able to submit to the department a 18,188
description and photograph of the obligor, a statement of the 18,189
possible locations of the obligor, and any other information 18,190
required by the department. 18,191
(C) When the agency submits the name of an obligor to the 18,193
division, it also shall submit the photograph and information 18,194
described in division (B)(8) of this section. It shall not 18,195
submit to the division the address of the obligee or any other 18,196
personal information about the obligee. 18,197
(D) In accordance with Chapter 119. of the Revised Code, 18,199
the division shall adopt rules for the operation of the poster 18,200
program under this section. The rules shall specify the 18,201
following: 18,202
(1) Criteria and procedures for the division to use in 18,204
443
reviewing the names of obligors submitted by child support 18,205
enforcement agencies to be displayed on a poster and selecting 18,206
the delinquent obligors to be included on a poster; 18,207
(2) Procedures for providing the notice specified in 18,209
division (A)(3) of this section; 18,210
(3) Any other procedures necessary for the operation of 18,212
the poster program. 18,213
(E) The division shall use funds appropriated by the 18,215
general assembly for child support administration to conduct the 18,216
poster program under this section. 18,217
Sec. 5101.35. (A) As used in this section: 18,226
(1) "AGENCY" MEANS THE FOLLOWING ENTITIES THAT ADMINISTER 18,228
A HUMAN SERVICES PROGRAM: 18,229
(a) THE DEPARTMENT OF HUMAN SERVICES; 18,231
(b) A COUNTY DEPARTMENT OF HUMAN SERVICES; 18,233
(c) A PUBLIC CHILDREN SERVICES AGENCY; 18,235
(d) A PRIVATE OR GOVERNMENT ENTITY ADMINISTERING, IN WHOLE 18,237
OR IN PART, A HUMAN SERVICES PROGRAM FOR OR ON BEHALF OF THE 18,238
DEPARTMENT OF HUMAN SERVICES OR A COUNTY DEPARTMENT OF HUMAN 18,239
SERVICE OR PUBLIC CHILDREN SERVICES AGENCY. 18,240
(2) "Appellant" means an applicant, participant, former 18,242
participant, recipient, or former recipient of any of the 18,243
following A HUMAN SERVICES PROGRAM who is entitled by federal or 18,244
state law to a hearing regarding a decision or order of the state 18,246
department, a county department, or the department of aging: 18,247
(a) Aid to dependent children; 18,249
(b) Disability assistance; 18,251
(c) Food stamps; 18,253
(d) Publicly funded child day-care; 18,255
(e) Residential state supplement payments; 18,257
(f) Assistance under Title IV-E, XIX, or XX of the "Social 18,259
Security Act," 49 Stat. 620 (1935), 42 U.S.C. 301, as amended; 18,260
(g) Assistance under the "Child Care and Development Block 18,262
Grant Act of 1990," established in section 5082 of the "Omnibus 18,263
444
Budget Reconciliation Act of 1990," 104 Stat. 1388-236 (1990), 42 18,264
U.S.C. 9858, as amended; 18,265
(h) Assistance under section 5081 of the "Omnibus Budget 18,267
Reconciliation Act of 1990," 104 Stat. 1388-233 (1990), 42 U.S.C. 18,268
602(i), as amended; 18,269
(i) The job opportunities and basic skills training 18,271
program. 18,272
(2) "State department" means the Ohio department of human 18,274
services. 18,275
(3) "County department" means a county department of human 18,277
services or a county children services board. 18,278
(4) "Designated county department" means the county 18,280
department responsible for compliance with a state hearing 18,281
decision or an administrative appeal decision AGENCY THAT 18,283
ADMINISTERS THE PROGRAM.
(3) "HUMAN SERVICES PROGRAM" MEANS ASSISTANCE PROVIDED 18,285
UNDER CHAPTER 5104., 5107., 5111., OR 5115. OR SECTION 173.35, 18,286
5101.141, 5101.46, 5101.54, 5153.163, OR 5153.165 OF THE REVISED 18,288
CODE, OTHER THAN ASSISTANCE PROVIDED UNDER SECTION 5101.46 OF THE 18,289
REVISED CODE BY THE DEPARTMENT OF MENTAL HEALTH, THE DEPARTMENT 18,291
OF MENTAL RETARDATION AND DEVELOPMENTAL DISABILITIES, A BOARD OF 18,292
ALCOHOL, DRUG ADDICTION, AND MENTAL HEALTH SERVICES, OR A COUNTY 18,293
BOARD OF MENTAL RETARDATION AND DEVELOPMENTAL DISABILITIES. 18,294
(B) An appellant who appeals under federal or state law a 18,296
decision or order of the state department, a county department, 18,297
or the department of aging AN AGENCY ADMINISTERING A HUMAN 18,298
SERVICES PROGRAM shall, at his THE APPELLANT'S request, be 18,300
granted a STATE hearing by the state department OF HUMAN 18,301
SERVICES. This state hearing shall be conducted in accordance 18,303
with rules adopted by the state department pursuant to UNDER THIS 18,304
section 119.03 of the Revised Code. The state hearing shall be 18,306
tape-recorded, but neither the recording nor a transcript of the 18,307
recording shall be part of the official record of the proceeding. 18,308
A state hearing decision is binding upon the state AGENCY AND 18,309
445
department, the designated county department, and the department 18,311
of aging, unless it is reversed or modified on appeal to the 18,312
director of human services or a court of common pleas. 18,313
(C) An appellant who disagrees with a state hearing 18,315
decision may make an administrative appeal to the director of the 18,316
state department HUMAN SERVICES in accordance with rules adopted 18,317
by that department pursuant to UNDER THIS section 119.03 of the 18,319
Revised Code. This administrative appeal does not require a 18,321
hearing, but the director of the state department or his THE 18,322
DIRECTOR'S designee shall review the state hearing decision and 18,325
previous administrative action and may affirm, modify, remand, or 18,326
reverse the state hearing decision. Any person designated to make 18,327
an administrative appeal decision on behalf of the director shall 18,328
have been admitted to the practice of law in this state. An 18,329
administrative appeal decision is the final decision of the state 18,330
department and is binding upon the state department, the 18,331
designated county department, and the department of aging AGENCY, 18,333
unless it is reversed or modified on appeal to the court of 18,335
common pleas.
(D) The designated county department and the department of 18,337
aging AN AGENCY shall comply with a decision issued pursuant to 18,338
division (B) or (C) of this section within the time limits 18,340
established by rule by the state department RULES ADOPTED UNDER 18,341
THIS SECTION. If the designated county department A COUNTY 18,343
DEPARTMENT OF HUMAN SERVICES OR A PUBLIC CHILDREN SERVICES AGENCY 18,344
fails to comply within these time limits, the state department 18,346
may withhold from the designated county department monetary 18,347
advances for county administrative expenses and impose other 18,348
fiscal sanctions. The withholding of any such monetary advance 18,349
or the imposition of any other fiscal sanction shall be in 18,350
accordance with rules adopted by the state department pursuant to 18,351
TAKE ACTION PURSUANT TO section 119.03 5101.24 of the Revised 18,352
Code. IF ANOTHER AGENCY FAILS TO COMPLY WITHIN THE TIME LIMITS, 18,353
THE DEPARTMENT MAY FORCE COMPLIANCE BY WITHHOLDING FUNDS DUE THE
446
AGENCY OR IMPOSING ANOTHER SANCTION ESTABLISHED BY RULES ADOPTED 18,354
UNDER THIS SECTION. 18,355
(E) An appellant who disagrees with an administrative 18,357
appeal decision of the state department DIRECTOR OF HUMAN 18,358
SERVICES OR THE DIRECTOR'S DESIGNEE issued under division (C) of 18,360
this section may appeal from the decision to the court of common 18,361
pleas pursuant to section 119.12 of the Revised Code. The appeal 18,362
shall be governed by section 119.12 of the Revised Code except 18,363
that:
(1) The person may appeal to the court of common pleas of 18,365
the county in which he THE PERSON resides, or to the court of 18,366
common pleas of Franklin county if he THE PERSON does not reside 18,368
in this state. 18,369
(2) The person may apply to the court for designation as 18,371
an indigent and, if the court grants this application, the 18,372
appellant shall not be required to furnish the costs of the 18,373
appeal. 18,374
(3) The appellant shall mail his THE notice of appeal to 18,376
the state department OF HUMAN SERVICES and file notice of appeal 18,377
with the court within thirty days after the state department 18,380
mails the administrative appeal decision to the appellant. For 18,381
good cause shown, the court may extend the time for mailing and 18,382
filing notice of appeal, but such time shall not exceed six 18,383
months from the date the state department mails the 18,384
administrative appeal decision. Filing notice of appeal with the 18,385
court shall be the only act necessary to vest jurisdiction in the 18,386
court.
(4) The state department shall be required to file a 18,388
transcript of the testimony of the state hearing with the court 18,389
only if the court orders the department to file the transcript. 18,390
The court shall make such an order only if it finds that the 18,391
department and the appellant are unable to stipulate to the facts 18,392
of the case and that the transcript is essential to a 18,393
determination of the appeal. The state department shall file the 18,394
447
transcript not later than thirty days after the day such an order 18,395
is issued. 18,396
(F) THE DEPARTMENT OF HUMAN SERVICES SHALL ADOPT RULES IN 18,399
ACCORDANCE WITH CHAPTER 119. OF THE REVISED CODE TO IMPLEMENT 18,400
THIS SECTION, INCLUDING RULES GOVERNING THE FOLLOWING: 18,401
(1) STATE HEARINGS UNDER DIVISION (B) OF THIS SECTION; 18,403
(2) ADMINISTRATIVE APPEALS UNDER DIVISION (C) OF THIS 18,405
SECTION; 18,406
(3) TIME LIMITS FOR COMPLYING WITH A DECISION ISSUED UNDER 18,408
DIVISION (B) OR (C) OF THIS SECTION; 18,409
(4) SANCTIONS THAT MAY BE APPLIED AGAINST AN AGENCY UNDER 18,411
DIVISION (D) OF THIS SECTION. 18,412
Sec. 5101.36. Any application for public assistance gives 18,421
a right of subrogation to the department of human services for 18,422
any workers' compensation benefits payable to a person who is 18,423
subject to a support order, as defined in section 2301.34 of the 18,424
Revised Code or to an administrative support order, as defined in 18,425
section 3111.20 of the Revised Code, on behalf of the applicant, 18,426
to the extent of any public assistance payments made on the 18,427
applicant's behalf. If the director of human services, in 18,428
consultation with a child support enforcement agency and the 18,429
administrator of the bureau of workers' compensation, determines 18,430
that a person responsible for support payments to a recipient of 18,431
public assistance is receiving workers' compensation, he THE 18,432
DIRECTOR shall notify the administrator of the amount of the 18,433
benefit to be paid to the department of human services. 18,434
For purposes of this section, "public assistance" means 18,436
medical assistance provided through the medical assistance 18,437
program established under section 5111.01 of the Revised Code, 18,438
aid to dependent children OHIO WORKS FIRST provided under Chapter 18,440
5107. of the Revised Code, or disability assistance provided 18,441
under Chapter 5115. of the Revised Code. 18,442
Sec. 5101.37. (A) The department of human services and 18,452
each COUNTY DEPARTMENT OF HUMAN SERVICES AND child support 18,453
448
enforcement agency may make any investigations that are necessary 18,455
in the performance of its THEIR duties, and to that end they 18,456
shall have the same power as a judge of a county court to 18,457
administer oaths and to enforce the attendance and testimony of 18,458
witnesses and the production of books or papers.
The department and each child support enforcement COUNTY 18,460
DEPARTMENT AND agency shall keep a record of its THEIR 18,462
investigations stating the time, place, charges or subject, 18,463
witnesses summoned and examined, and its THEIR conclusions. 18,464
In matters involving the conduct of an officer, a 18,466
stenographic report of the evidence shall be taken and a copy of 18,467
the report, with all documents introduced, kept on file at the 18,468
office of the department, COUNTY DEPARTMENT, or the agency. 18,470
The fees of witnesses for attendance and travel shall be 18,472
the same as in the court of common pleas, but no officer or 18,473
employee of the institution under investigation is entitled to 18,474
such fees. 18,475
(B) In conducting hearings pursuant to sections 3113.21 to 18,477
3113.217 or pursuant to division (B) of section 5101.35 of the 18,478
Revised Code, the department and each child support enforcement 18,479
agency have the same power as a judge of a county court to 18,480
administer oaths and to enforce the attendance and testimony of 18,481
witnesses and the production of books or papers. The department 18,482
and each agency shall keep a record of those hearings stating the 18,483
time, place, charges or subject, witnesses summoned and examined, 18,484
and its THEIR conclusions. 18,485
The issuance of a subpoena by the department or a child 18,487
support enforcement agency to enforce attendance and testimony of 18,488
witnesses and the production of books or papers at a hearing is 18,489
discretionary and the department or agency is not required to pay 18,490
the fees of witnesses for attendance and travel. 18,491
(C) Any judge of the probate court or ANY DIVISION of the 18,493
court of common pleas, upon application of the department or a 18,495
COUNTY DEPARTMENT OR child support enforcement agency, may compel 18,497
449
the attendance of witnesses, the production of books or papers, 18,498
and the giving of testimony before the department, COUNTY 18,499
DEPARTMENT, or agency, by a judgment for contempt or otherwise, 18,501
in the same manner as in cases before those courts. 18,502
Sec. 5101.46. (A) The AS USED IN THIS SECTION: 18,511
(1) "TITLE XX" MEANS TITLE XX OF THE "SOCIAL SECURITY 18,514
ACT," 88 STAT. 2337 (1974), 42 U.S.C.A. 1397, AS AMENDED. 18,516
(2) "RESPECTIVE LOCAL AGENCY" MEANS, WITH RESPECT TO THE 18,519
DEPARTMENT OF HUMAN SERVICES, A COUNTY DEPARTMENT OF HUMAN
SERVICES; WITH RESPECT TO THE DEPARTMENT OF MENTAL HEALTH, A 18,520
BOARD OF ALCOHOL, DRUG ADDICTION, AND MENTAL HEALTH SERVICES; AND 18,522
WITH RESPECT TO THE DEPARTMENT OF MENTAL RETARDATION AND
DEVELOPMENTAL DISABILITIES, A COUNTY BOARD OF MENTAL RETARDATION 18,523
AND DEVELOPMENTAL DISABILITIES. 18,524
(3) "FEDERAL POVERTY GUIDELINE" MEANS THE OFFICIAL POVERTY 18,527
GUIDELINE AS REVISED ANNUALLY BY THE UNITED STATES SECRETARY OF 18,528
HEALTH AND HUMAN SERVICES IN ACCORDANCE WITH SECTION 673 OF THE 18,530
"COMMUNITY SERVICES BLOCK GRANT ACT," 95 STAT. 511 (1981), 42 18,532
U.S.C.A. 9902, AS AMENDED, FOR A FAMILY SIZE EQUAL TO THE SIZE OF 18,533
THE FAMILY OF THE PERSON WHOSE INCOME IS BEING DETERMINED. 18,534
(B) THE departments of human services, mental health, and 18,537
mental retardation and developmental disabilities, WITH THEIR 18,538
RESPECTIVE LOCAL AGENCIES, shall administer the program for the 18,539
provision of social services authorized by FUNDED THROUGH GRANTS 18,540
MADE UNDER Title XX of the "Social Security Act," 88 Stat. 2337, 18,542
42 U.S.C. 1397, as amended. The departments may assign their 18,543
administrative responsibilities to their respective county 18,544
departments of human services; boards of alcohol, drug addiction, 18,545
and mental health services; and county boards of mental 18,546
retardation and developmental disabilities. The departments may 18,547
adopt rules establishing sanctions against their respective 18,548
departments and boards for noncompliance with the terms of any 18,549
assignment of administrative responsibilities.
(B) The department of human services is responsible for 18,551
450
the preparation and revision of a biennial comprehensive social 18,552
services program plan that meets all the requirements of 18,553
applicable state and federal laws and regulations. The 18,554
departments of mental health and of mental retardation and 18,555
developmental disabilities shall prepare portions of the plan 18,556
that apply to mental health and to mental retardation and 18,557
developmental disabilities services for inclusion in the plan 18,558
prepared by the department of human services. The plan shall 18,559
constitute the report on the intended use of Title XX funds that 18,560
is required by federal law, and shall comply with all federal 18,561
requirements for such report. 18,562
(C) The department of human services shall provide at 18,564
least one service under the social services program to achieve 18,565
each of SOCIAL SERVICES FURNISHED WITH TITLE XX FUNDS SHALL BE 18,567
DIRECTED AT the following goals:
(1) Achieving or maintaining economic self-support to 18,569
prevent, reduce, or eliminate dependency; 18,570
(2) Achieving or maintaining self-sufficiency, including 18,572
reduction or prevention of dependency; 18,573
(3) Preventing or remedying neglect, abuse, or 18,575
exploitation of children and adults unable to protect their own 18,576
interests, or preserving, rehabilitating, or reuniting families; 18,577
(4) Preventing or reducing inappropriate institutional 18,579
care by providing for community-based care, home-based care, or 18,580
other forms of less intensive care; 18,581
(5) Securing referral or admission for institutional care 18,583
when other forms of care are not appropriate, or providing 18,584
services to individuals in institutions. 18,585
(D) The plan shall: 18,587
(1) Authorize the provision or the purchase of any service 18,589
on a multicounty basis when considerations relating to the nature 18,590
of the service, accessibility factors, characteristics of persons 18,591
to receive the service, and ongoing programs or planning areas 18,592
for other programs lead to the reasonable conclusion that the 18,593
451
larger geographic area constitutes a more efficient basis for 18,594
furnishing the service; 18,595
(2) Require that whenever federal laws and regulations 18,597
with respect to children who are receiving aid under Title IV-A 18,598
of the "Social Security Act," 49 Stat. 627, 42 U.S.C.A. 601, as 18,599
amended, permit the implementation of such a policy, the income 18,600
of stepparents who reside in the same household shall be 18,601
considered available to their stepchildren in determining the 18,602
eligibility of children for services; 18,603
(3) Include the formula or schedule establishing the fees 18,605
or other charges to be imposed by each county department of human 18,606
services under division (E)(2) of this section; 18,607
(4) Establish uniformly applied service descriptions and 18,609
definitions of units of service; 18,610
(5) Present in the section of the plan specifically 18,612
designated for such purpose, for each service category, 18,613
eligibility category, and geographic area: 18,614
(a) The estimated number of individuals to be served, 18,616
counting each individual no more than once in any service 18,617
category; 18,618
(b) The estimated expenditures; 18,620
(c) Any other information required by state law or federal 18,622
law or regulations. 18,623
(6) List the scheduled times, dates, and locations of 18,625
local public hearings to be held on the proposed state plan and 18,626
the dates in which the public comment period shall be held. 18,627
(E) Services other than child day-care shall be provided 18,629
under the social services program as follows: 18,630
(1) Without fees or other charges to: 18,632
(a) Recipients of aid to dependent children; 18,634
(b) Recipients of disability assistance provided under 18,636
Chapter 5115. of the Revised Code; 18,637
(c) Recipients of supplemental security income under Title 18,639
XVI of the Social Security Act; 18,640
452
(d) Recipients of medical assistance under Chapter 5111. 18,642
of the Revised Code; 18,643
(e) Individuals sixty years of age and over; 18,645
(f) Families and individuals whose income and resources 18,647
are less than one hundred fifty per cent of the minimum standard 18,648
of need. 18,649
Services provided without charge on the basis of 18,651
eligibility under division (E)(1)(e) of this section shall be 18,652
limited to home-delivered meals, congregate meals, homemaker and 18,653
home health aide services, transportation, chore services, 18,654
health-related services, and community-based care. Providers of 18,655
these services shall post for public display the average per unit 18,656
cost of each service. Persons who are eligible for services 18,657
under division (E)(1)(e) or (3) of this section may voluntarily 18,658
contribute a portion of the cost of service. 18,659
(2) To persons other than those eligible under division 18,661
(E)(1) of this section for day-care services to adults, homemaker 18,662
and home health aide services, and for any other services 18,663
designated by the county department to be provided for a fee, 18,664
upon the payment of fees or other charges established by the 18,665
formula or schedule in the plan to individuals and families whose 18,666
income and resources exceed one hundred fifty per cent of the 18,667
minimum standard of need but are less than the statewide median 18,668
income. 18,669
(3) The following services shall be provided without 18,671
regard to income or resources and without the payment of fees or 18,672
other charges to persons in need of such services: 18,673
(a) Information and referral; 18,675
(b) Protective services for children; 18,677
(c) Protective services for adults, unless a county 18,679
department of human services determines that an adult in need of 18,680
protective services has sufficient financial means to pay for the 18,681
services or if a court orders an adult to pay for court-ordered 18,682
protective services as provided for under section 5101.70 of the 18,683
453
Revised Code. 18,684
(F) Child day-care provided under the social services 18,686
program shall be provided in accordance with Chapter 5104. of the 18,687
Revised Code. 18,688
(G) As used in this section: 18,690
(1) "Minimum standard of need" means the minimum amounts 18,692
of income and resources necessary for an individual or a family 18,693
of the same size to maintain health and decency as determined and 18,694
updated annually by the department under section 5107.02 of the 18,695
Revised Code. 18,696
(2) "Median income" means the median income for an 18,698
individual or a family of the same size in this state, as 18,699
determined by the United States department of labor. 18,700
(3) "Protective services" means services for the 18,702
prevention or remedying of the neglect, abuse, or exploitation of 18,703
children or adults who are unable to protect their own interests. 18,704
(C)(1) ALL FEDERAL FUNDS RECEIVED UNDER TITLE XX SHALL BE 18,707
APPROPRIATED AS FOLLOWS:
(a) SEVENTY-TWO AND ONE-HALF PER CENT TO THE DEPARTMENT OF 18,710
HUMAN SERVICES;
(b) TWELVE AND NINETY-THREE ONE-HUNDRETHS PER CENT TO THE 18,713
DEPARTMENT OF MENTAL HEALTH;
(c) FOURTEEN AND FIFTY-SEVEN ONE-HUNDRETHS PER CENT TO THE 18,716
DEPARTMENT OF MENTAL RETARDATION AND DEVELOPMENTAL DISABILITIES. 18,717
(2) EACH STATE DEPARTMENT SHALL, SUBJECT TO THE APPROVAL 18,720
OF THE CONTROLLING BOARD, DEVELOP FORMULAS FOR THE DISTRIBUTION 18,721
OF THEIR TITLE XX APPROPRIATIONS TO THEIR RESPECTIVE LOCAL 18,723
AGENCIES. THE FORMULAS SHALL TAKE INTO ACCOUNT THE TOTAL 18,724
POPULATION OF THE AREA THAT IS SERVED BY THE AGENCY, THE 18,725
PERCENTAGE OF THE POPULATION IN THE AREA THAT FALLS BELOW THE 18,726
FEDERAL POVERTY GUIDELINE, AND THE AGENCY'S HISTORY OF AND
ABILITY TO UTILIZE TITLE XX FUNDS. 18,727
(3) EACH OF THE STATE DEPARTMENTS SHALL EXPEND NO MORE 18,730
THAN THREE PER CENT OF ITS TITLE XX APPROPRIATION FOR STATE 18,731
454
ADMINISTRATIVE COSTS. EACH OF THE DEPARTMENT'S RESPECTIVE LOCAL 18,732
AGENCIES SHALL EXPEND NO MORE THAN FOURTEEN PER CENT OF ITS TITLE 18,734
XX APPROPRIATION FOR LOCAL ADMINISTRATIVE COSTS.
(4) THE DEPARTMENT OF HUMAN SERVICES SHALL EXPEND NO MORE 18,736
THAN TWO PER CENT OF ITS TITLE XX APPROPRIATION FOR THE TRAINING 18,739
OF THE FOLLOWING:
(a) EMPLOYEES OF COUNTY DEPARTMENTS OF HUMAN SERVICES; 18,742
(b) PROVIDERS OF SERVICES UNDER CONTRACT WITH THE STATE 18,745
DEPARTMENTS' RESPECTIVE LOCAL AGENCIES;
(c) EMPLOYEES OF A PUBLIC CHILDREN SERVICES AGENCY 18,747
DIRECTLY ENGAGED IN PROVIDING TITLE XX SERVICES. 18,750
(D) THE DEPARTMENT OF HUMAN SERVICES SHALL PREPARE A 18,753
BIENNIAL COMPREHENSIVE TITLE XX SOCIAL SERVICES PLAN ON THE 18,754
INTENDED USE OF TITLE XX FUNDS. THE DEPARTMENT SHALL DEVELOP A 18,755
METHOD FOR OBTAINING PUBLIC COMMENT DURING THE DEVELOPMENT OF THE 18,756
PLAN AND FOLLOWING ITS COMPLETION. 18,757
FOR EACH STATE FISCAL YEAR, THE DEPARTMENT OF HUMAN 18,759
SERVICES SHALL PREPARE A REPORT ON THE ACTUAL USE OF TITLE XX 18,761
FUNDS. THE DEPARTMENT SHALL MAKE THE REPORT AVAILABLE FOR PUBLIC 18,762
INSPECTION.
THE DEPARTMENTS OF MENTAL HEALTH AND MENTAL RETARDATION AND 18,765
DEVELOPMENTAL DISABILITIES SHALL PREPARE AND SUBMIT TO THE
DEPARTMENT OF HUMAN SERVICES THE PORTIONS OF EACH BIENNIAL PLAN 18,766
AND ANNUAL REPORT THAT APPLY TO SERVICES FOR MENTAL HEALTH AND 18,767
MENTAL RETARDATION AND DEVELOPMENTAL DISABILITIES. EACH 18,768
RESPECTIVE LOCAL AGENCY OF THE THREE STATE DEPARTMENTS SHALL 18,769
SUBMIT INFORMATION AS NECESSARY FOR THE PREPARATION OF BIENNIAL 18,770
PLANS AND ANNUAL REPORTS. 18,771
(E) EACH COUNTY DEPARTMENT SHALL ADOPT A COUNTY PROFILE 18,774
FOR THE ADMINISTRATION AND PROVISION OF TITLE XX SOCIAL SERVICES 18,775
IN THE COUNTY. IN DEVELOPING ITS COUNTY PROFILE, THE COUNTY 18,776
DEPARTMENT SHALL TAKE INTO CONSIDERATION THE COMMENTS AND 18,777
RECOMMENDATIONS RECEIVED FROM THE PUBLIC BY THE COUNTY HUMAN 18,778
SERVICES PLANNING COMMITTEE PURSUANT TO SECTION 329.06 OF THE 18,779
455
REVISED CODE. AS PART OF ITS PREPARATION OF THE COUNTY PROFILE, 18,781
THE COUNTY DEPARTMENT MAY PREPARE A LOCAL NEEDS REPORT ANALYZING 18,782
THE NEED FOR TITLE XX SOCIAL SERVICES. 18,783
THE COUNTY DEPARTMENT SHALL SUBMIT THE COUNTY PROFILE TO 18,786
THE BOARD OF COUNTY COMMISSIONERS FOR ITS REVIEW. ONCE THE
COUNTY PROFILE HAS BEEN APPROVED BY THE BOARD, THE COUNTY 18,787
DEPARTMENT SHALL FILE A COPY OF THE COUNTY PROFILE WITH THE STATE 18,789
DEPARTMENT OF HUMAN SERVICES. THE STATE DEPARTMENT SHALL APPROVE 18,790
THE COUNTY PROFILE IF IT MEETS THE STANDARDS FOR APPROVAL 18,791
ESTABLISHED IN RULES ADOPTED UNDER THIS SECTION.
(F) ANY OF THE THREE STATE DEPARTMENTS AND THEIR 18,794
RESPECTIVE LOCAL AGENCIES MAY REQUIRE THAT AN ENTITY UNDER 18,795
CONTRACT TO PROVIDE SOCIAL SERVICES WITH TITLE XX FUNDS SUBMIT TO 18,796
AN AUDIT ON THE BASIS OF ALLEGED MISUSE OR IMPROPER ACCOUNTING OF 18,797
FUNDS. THE THREE STATE DEPARTMENTS AND THEIR RESPECTIVE LOCAL 18,798
AGENCIES MAY TERMINATE OR REFUSE TO ENTER INTO A TITLE XX 18,799
CONTRACT WITH A PROVIDER OF SOCIAL SERVICES IF THERE ARE ADVERSE 18,800
FINDINGS IN AN AUDIT THAT ARE THE RESPONSIBILITY OF THE PROVIDER. 18,801
THE AMOUNT OF ANY ADVERSE FINDINGS SHALL NOT BE REIMBURSED WITH 18,802
TITLE XX FUNDS. THE COST OF CONDUCTING AN AUDIT SHALL BE 18,803
REIMBURSED UNDER A SUBSEQUENT OR AMENDED TITLE XX CONTRACT WITH 18,804
THE PROVIDER. 18,805
(G) IF FEDERAL FUNDS RECEIVED BY THE DEPARTMENT OF HUMAN 18,808
SERVICES FOR USE UNDER CHAPTER 5107. OF THE REVISED CODE ARE 18,810
TRANSFERRED BY THE CONTROLLING BOARD FOR USE IN PROVIDING SOCIAL 18,811
SERVICES UNDER THIS SECTION, THE DEPARTMENT SHALL DISTRIBUTE THE 18,812
FUNDS SOLELY TO THE COUNTY DEPARTMENTS OF HUMAN SERVICES. 18,813
(H) The department of human services may adopt rules under 18,815
Chapter 119. of the Revised Code necessary to carry out the 18,816
purposes of this section. RULES ADOPTED UNDER THIS DIVISION 18,817
SHALL BE ADOPTED IN ACCORDANCE WITH CHAPTER 119. OF THE REVISED 18,820
CODE, UNLESS THEY ARE INTERNAL MANAGEMENT RULES GOVERNING FISCAL 18,821
AND ADMINISTRATIVE MATTERS. INTERNAL MANAGEMENT RULES MAY BE 18,822
ADOPTED IN ACCORDANCE WITH SECTION 111.15 OF THE REVISED CODE. 18,824
456
Sec. 5101.54. (A) The department of human services shall 18,833
administer THE food stamp assistance under PROGRAM IN ACCORDANCE 18,835
WITH the "Food Stamp Act of 1977," 78 91 Stat. 703 958, 7 18,836
U.S.C.A. 2011, as amended. The department may: 18,838
(1) Prepare and submit to the secretary of the United 18,840
States department of agriculture a plan for the administration of 18,841
the food stamp program; 18,842
(2) Prescribe forms for applications, certificates, 18,844
reports, records, and accounts of county departments of human 18,845
services, and other matters; 18,846
(3) Require such reports and information from each county 18,848
department of human services as may be necessary and advisable; 18,849
(4) Administer and expend any sums appropriated by the 18,851
general assembly for the purposes of this section and all sums 18,852
paid to the state by the United States as authorized by the Food 18,853
Stamp Act of 1977; 18,854
(5) Conduct such investigations as are necessary; 18,856
(6) Enter into interagency agreements and cooperate with 18,858
investigations conducted by the department of public safety, 18,859
including providing information for investigative purposes, 18,860
exchanging property and records, passing through federal 18,861
financial participation, modifying any agreements with the United 18,862
States department of agriculture, providing for the supply, 18,863
security, and accounting of food stamp coupons for investigative 18,864
purposes, and meeting any other requirements necessary for the
detection and deterrence of illegal activities in the state food 18,865
stamp program; 18,866
(7) Adopt rules for participation by IN ACCORDANCE WITH 18,869
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 18,874
BENEFITS, INCLUDING RULES SPECIFYING WHICH RECIPIENTS ARE SUBJECT 18,875
TO THE REQUIREMENTS AND ESTABLISHING SANCTIONS FOR FAILURE TO 18,876
SATISFY THE REQUIREMENTS. THE RULES SHALL BE CONSISTENT WITH 7 18,877
457
U.S.C.A. 2015 AND, TO THE EXTENT PRACTICABLE, MAY PROVIDE FOR 18,878
FOOD STAMP BENEFIT RECIPIENTS TO PARTICIPATE IN WORK ACTIVITIES, 18,879
DEVELOPMENTAL ACTIVITIES, AND ALTERNATIVE WORK ACTIVITIES 18,880
ESTABLISHED UNDER SECTIONS 5107.40 TO 5107.68 of the Revised Code 18,882
as required by the "Food Security Act," 99 Stat. 1354 (1985), 18,883
THAT ARE COMPARABLE TO PROGRAMS AUTHORIZED BY 7 U.S.C.A. 2011, as 18,884
amended; 2015(d)(4). THE RULES MAY REFERENCE RULES ADOPTED UNDER 18,885
SECTION 5107.13 OF THE REVISED CODE GOVERNING WORK ACTIVITIES, 18,886
DEVELOPMENTAL ACTIVITIES, AND ALTERNATIVE WORK ACTIVITIES
ESTABLISHED UNDER SECTIONS 5107.40 TO 5107.68 OF THE REVISED 18,887
CODE.
(8) Provide, by rule or otherwise, for procedures to carry 18,889
out ADOPT RULES IN ACCORDANCE WITH SECTION 111.15 OF THE REVISED 18,891
CODE THAT ARE CONSISTENT WITH THE FOOD STAMP ACT OF 1977, AS 18,892
AMENDED, AND REGULATIONS PROMULGATED THEREUNDER GOVERNING THE 18,893
FOLLOWING:
(a) ELIGIBILITY REQUIREMENTS FOR THE FOOD STAMP PROGRAM; 18,895
(b) SANCTIONS FOR FAILURE TO COMPLY WITH ELIGIBILITY 18,897
REQUIREMENTS; 18,898
(c) ALLOTMENT OF FOOD STAMP COUPONS; 18,900
(d) TO THE EXTENT PERMITTED UNDER FEDERAL STATUTES AND 18,902
REGULATIONS, A SYSTEM UNDER WHICH SOME OR ALL RECIPIENTS OF FOOD 18,903
STAMP BENEFITS SUBJECT TO EMPLOYMENT AND TRAINING REQUIREMENTS 18,904
ESTABLISHED BY RULES ADOPTED UNDER DIVISION (A)(7) OF THIS 18,906
SECTION RECEIVE FOOD STAMP BENEFITS AFTER SATISFYING THE
REQUIREMENTS; 18,907
(e) ADMINISTRATION OF THE PROGRAM BY COUNTY DEPARTMENTS OF 18,909
HUMAN SERVICES; 18,910
(f) OTHER REQUIREMENTS NECESSARY FOR THE efficient 18,912
administration of the program by county departments of human 18,914
services.
(9) SUBMIT A PLAN TO THE UNITED STATES SECRETARY OF 18,917
AGRICULTURE FOR THE DEPARTMENT TO OPERATE A SIMPLIFIED FOOD STAMP 18,918
PROGRAM PURSUANT TO 7 U.S.C.A. 2035 UNDER WHICH REQUIREMENTS 18,920
458
GOVERNING THE WORK COMPONENT OF THE OHIO WORKS FIRST PROGRAM 18,921
ESTABLISHED UNDER SECTION 5107.03 OF THE REVISED CODE ALSO GOVERN 18,922
THE FOOD STAMP PROGRAM IN THE CASE OF HOUSEHOLDS RECEIVING FOOD 18,923
STAMP BENEFITS AND PARTICIPATING IN THE WORK COMPONENT. 18,924
(B) Except while in the custody of the United States 18,926
postal service, food stamps and any document necessary to obtain 18,927
food stamps are the property of the department of human services 18,928
from the time they are received in accordance with federal 18,929
regulations by the department from the federal agency responsible 18,930
for such delivery until they are received by a household entitled 18,931
to receive them or by the authorized representative of the 18,932
household. 18,933
(C) A household that is entitled to receive food stamps 18,935
under the "Food Stamp Act of 1977," 78 91 Stat. 703 958, 7 18,938
U.S.C.A. 2011, as amended, and that is determined to be in
immediate need of food assistance, shall receive certification of 18,939
eligibility for program benefits, pending verification, within 18,941
twenty-four hours, OR, IF MITIGATING CIRCUMSTANCES OCCUR, WITHIN 18,942
SEVENTY-TWO HOURS, after application, if:
(1) The results of the application interview indicate that 18,944
the household will be eligible upon full verification; 18,945
(2) Information sufficient to confirm the statements in 18,947
the application has been obtained from at least one additional 18,948
source, not a member of the applicant's household. Such 18,949
information shall be recorded in the case file, and shall 18,950
include: 18,951
(a) The name of the person who provided the name of the 18,953
information source; 18,954
(b) The name and address of the information source; 18,956
(c) A summary of the information obtained. 18,958
The period of temporary eligibility shall not exceed one 18,960
month from the date of certification of temporary eligibility. 18,961
If eligibility is established by full verification, benefits 18,962
shall continue without interruption as long as eligibility 18,963
459
continues. 18,964
AT THE TIME OF APPLICATION, THE COUNTY DEPARTMENT OF HUMAN 18,966
SERVICES SHALL PROVIDE TO A HOUSEHOLD DESCRIBED IN THIS DIVISION 18,967
A LIST OF COMMUNITY ASSISTANCE PROGRAMS THAT PROVIDE EMERGENCY 18,968
FOOD.
(D) All applications shall be approved or denied through 18,970
full verification within thirty days from receipt of the 18,971
application by the county department of human services. 18,972
(E) Nothing in this section shall be construed to prohibit 18,974
the certification of households that qualify under federal 18,975
regulations to receive food stamps without charge under the "Food 18,976
Stamp Act of 1964 1977," 78 91 Stat. 703 958, 7 U.S.C.A. 2011, as 18,978
amended. 18,979
(F) Any person who applies for food stamps under this 18,981
section shall receive a voter registration application under 18,982
section 3503.10 of the Revised Code.
Sec. 5101.544. Subject to the terms and conditions of IF 18,992
THE BENEFITS OF A HOUSEHOLD ARE REDUCED UNDER A FEDERAL, STATE, 18,993
OR LOCAL MEANS-TESTED PUBLIC ASSISTANCE PROGRAM FOR FAILURE OF A 18,994
MEMBER OF THE HOUSEHOLD TO PERFORM AN ACTION REQUIRED UNDER THE 18,995
PROGRAM, THE HOUSEHOLD MAY NOT RECEIVE, FOR THE DURATION OF THE 18,996
REDUCTION, AN INCREASED ALLOTMENT OF FOOD STAMP BENEFITS AS THE 18,997
RESULT OF A DECREASE IN THE INCOME OF THE HOUSEHOLD TO THE EXTENT 18,998
THAT THE DECREASE IS THE RESULT OF THE REDUCTION. TO THE EXTENT 18,999
FEDERAL LAW AND REGULATIONS OR A federal waivers granted pursuant 19,001
to an application made under section 5101.09 of the Revised Code, 19,002
a sanction or WAIVER PERMIT, AN incentive payment under the LEAP 19,003
program established under section 5107.30 5107.33 of the Revised 19,004
Code and a sanction under the JOBS program established under 19,005
sections 5101.80 to 5101.94 of the Revised Code shall not change 19,007
the amount RESULT IN A DECREASE IN THE ALLOTMENT of food stamps a 19,009
food stamps recipient is eligible to receive STAMP BENEFITS A 19,010
HOUSEHOLD RECEIVES. 19,011
If any provision of this section conflicts with the terms 19,013
460
and conditions of a federal waiver granted pursuant to an 19,014
application made under section 5101.09 THE DEPARTMENT OF HUMAN 19,015
SERVICES SHALL ADOPT RULES IN ACCORDANCE WITH CHAPTER 119. of the 19,017
Revised Code, TO IMPLEMENT THIS SECTION. THE RULES SHALL BE
CONSISTENT WITH 7 U.S.C.A. 2017(d), FEDERAL REGULATIONS, AND the 19,019
terms and conditions of the federal waiver prevail AUTHORIZING 19,020
THE LEAP PROGRAM.
Sec. 5101.58. The AS USED IN THIS SECTION AND SECTION 19,029
5101.59 OF THE REVISED CODE, "PUBLIC ASSISTANCE" MEANS AID 19,031
PROVIDED UNDER CHAPTER 5111. OR 5115. OF THE REVISED CODE AND 19,033
PARTICIPATION IN THE WORK COMPONENT OF THE OHIO WORKS FIRST 19,035
PROGRAM ESTABLISHED UNDER SECTION 5107.03 OF THE REVISED CODE. 19,036
THE acceptance of aid pursuant to Chapter 5107., 5111., or 19,039
5115. of the Revised Code PUBLIC ASSISTANCE gives a right of 19,041
subrogation to the department of human services and the A COUNTY 19,042
department of human services of any county against the liability 19,043
of a third party for the cost of medical services and care
arising out of injury, disease, or disability of the PUBLIC 19,044
ASSISTANCE recipient OR PARTICIPANT. When an action or claim is 19,045
brought against a third party by a PUBLIC ASSISTANCE recipient of 19,047
aid under Chapter 5107., 5111., or 5115. of the Revised Code 19,049
PARTICIPANT, the entire amount of any settlement or compromise of 19,050
the action or claim, or any court award or judgment, is subject 19,051
to the subrogation right of the department of human services or 19,052
the COUNTY department of human services of any county. The 19,053
department's OR COUNTY DEPARTMENT'S subrogated claim shall not 19,054
exceed the amount of medical expenses paid by the departments on 19,055
behalf of the recipient OR PARTICIPANT. Any settlement, 19,056
compromise, judgment, or award that excludes the cost of medical 19,058
services or care shall not preclude the departments from 19,059
enforcing their rights under this section. 19,060
Prior to initiating any recovery action, the recipient or 19,062
his PARTICIPANT, OR THE RECIPIENT'S OR PARTICIPANT'S 19,063
representative, shall disclose the identity of any third party 19,065
461
against whom the recipient OR PARTICIPANT has or may have a right 19,066
of recovery. Disclosure shall be made to the department of human 19,068
services when medical expenses have been paid pursuant to Chapter 19,069
5107., 5111., or 5115. of the Revised Code. Disclosure shall be 19,070
made to both the department of human services and the appropriate 19,071
county department of human services when medical expenses have 19,072
been paid pursuant to Chapter 5115. of the Revised Code. No 19,073
settlement, compromise, judgment, or award or any recovery in any 19,074
action or claim by a recipient OR PARTICIPANT where the 19,075
departments have a right of subrogation shall be made final 19,076
without first giving the appropriate departments notice and a 19,077
reasonable opportunity to perfect their rights of subrogation. 19,078
If the departments are not given appropriate notice, the 19,079
recipient OR PARTICIPANT is liable to reimburse the departments 19,080
for the recovery received to the extent of medical payments made 19,081
by the departments. The departments shall be permitted to 19,082
enforce their subrogation rights against the third party even 19,083
though they accepted prior payments in discharge of their rights 19,084
under this section if, at the time the departments received such 19,085
payments, they were not aware that additional medical expenses 19,086
had been incurred but had not yet been paid by the departments. 19,087
The third party becomes liable to the department of human 19,088
services or county department of human services as soon as the 19,089
third party is notified in writing of the valid claims for 19,090
subrogation under this section.
Subrogation does not apply to that portion of any judgment, 19,092
award, settlement, or compromise of a claim, to the extent of 19,093
attorneys' fees, costs, or other expenses incurred by a recipient 19,094
OR PARTICIPANT in securing the judgment, award, settlement, or 19,095
compromise, or to the extent of medical, surgical, and hospital 19,097
expenses paid by such recipient OR PARTICIPANT from his THE 19,098
RECIPIENT'S OR PARTICIPANT'S own resources. Attorney fees and 19,100
costs or other expenses in securing any recovery shall not be 19,101
assessed against any subrogated claims of the departments. 19,102
462
To enforce their subrogation rights, the departments may do 19,104
any of the following: 19,105
(A) Intervene or join in any action or proceeding brought 19,107
by the recipient or PARTICIPANT OR on his THE RECIPIENT'S OR 19,108
PARTICIPANT'S behalf against any third party who may be liable 19,111
for the cost of medical services and care arising out of the 19,112
recipient's OR PARTICIPANT'S injury, disease, or disability;
(B) Institute and pursue legal proceedings against any 19,114
third party who may be liable for the cost of medical services 19,115
and care arising out of the recipient's OR PARTICIPANT'S injury, 19,116
disease, or disability; 19,117
(C) Initiate legal proceedings in conjunction with the 19,119
injured, diseased, or disabled recipient or his PARTICIPANT OR 19,120
THE RECIPIENT'S OR PARTICIPANT'S legal representative. 19,121
Subrogation rights created by this section may be enforced 19,123
separately or jointly by the department of human services and the 19,124
county department of human services. 19,125
The right of subrogation given to the department under this 19,127
section does not include rights to support from any other person 19,128
assigned to the state under sections 5107.07 5107.25 and 5115.13 19,130
of the Revised Code, but includes payments made by a third party 19,131
under contract with a person having a duty to support. 19,132
Sec. 5101.59. (A) The application for or acceptance of 19,141
aid under Chapter 5107., 5111., or 5115. of the Revised Code 19,143
PUBLIC ASSISTANCE constitutes an automatic assignment of certain 19,144
rights to the department of human services. This assignment 19,145
includes the rights of the applicant or, recipient, OR 19,146
PARTICIPANT and also the rights of any other member of the 19,148
assistance group for whom the applicant or, recipient, OR 19,149
PARTICIPANT can legally make an assignment.
Pursuant to this section, the applicant or, recipient, OR 19,152
PARTICIPANT assigns to the department any rights to medical
support available to him THE APPLICANT, RECIPIENT, OR PARTICIPANT 19,153
or for other members of the assistance group under an order of a 19,155
463
court or administrative agency, and any rights to payments from 19,156
any third party liable to pay for the cost of medical care and 19,157
services arising out of injury, disease, or disability of the 19,158
applicant or, recipient, PARTICIPANT, or other members of the 19,159
assistance group. 19,160
Medicare benefits shall not be assigned pursuant to this 19,162
section. Benefits assigned to the department by operation of 19,163
this section are directly reimbursable to the department by 19,164
liable third parties. 19,165
(B) Refusal by the applicant or, recipient, OR PARTICIPANT 19,168
to cooperate in obtaining medical support and payments for 19,169
himself SELF or any other member of the assistance group renders 19,170
the applicant or, recipient, OR PARTICIPANT ineligible for PUBLIC 19,171
assistance, unless cooperation is waived by the department. 19,172
Eligibility shall continue for any individual who cannot legally 19,173
assign his THE INDIVIDUAL'S own rights and who would have been 19,174
eligible for PUBLIC assistance but for the refusal to assign his 19,175
THE INDIVIDUAL'S rights or to cooperate as required by this 19,177
section by another person legally able to assign his THE 19,178
INDIVIDUAL'S rights.
If the applicant or, recipient, OR PARTICIPANT or any 19,181
member of the assistance group becomes ineligible for aid under 19,182
Chapter 5107., 5111., or 5115. of the Revised Code PUBLIC 19,184
ASSISTANCE, the department shall restore to him THE APPLICANT, 19,185
RECIPIENT, PARTICIPANT, OR MEMBER OF THE ASSISTANCE GROUP any 19,186
future rights to benefits assigned under this section. 19,187
The rights of assignment given to the department under this 19,189
section do not include rights to support assigned under section 19,190
5107.07 5107.25 or 5115.13 of the Revised Code. 19,191
(C) THE DEPARTMENT MAY ADOPT RULES IN ACCORDANCE WITH 19,194
CHAPTER 119. OF THE REVISED CODE TO IMPLEMENT THIS SECTION,
INCLUDING RULES THAT SPECIFY WHAT CONSTITUTES COOPERATING WITH 19,195
EFFORTS TO OBTAIN MEDICAL SUPPORT AND PAYMENTS AND WHEN THE 19,196
COOPERATION REQUIREMENT MAY BE WAIVED.
464
Sec. 5101.93. (A) There is hereby established a welfare 19,206
oversight council consisting of ten EIGHT VOTING members, four of 19,207
whom shall be members of the house of representatives, two 19,208
appointed by the speaker and two appointed by the minority leader 19,209
of the house of representatives, not more than two of whom shall 19,210
be members of the same political party, and four of whom shall be 19,211
members of the senate, two appointed by the president and two 19,212
appointed by the minority leader of the senate, not more than two 19,213
of whom shall be members of the same political party. The 19,214
director of administrative services, the administrator of the 19,215
bureau of employment services, and the director of human services 19,216
shall be ex officio nonvoting members, and two representatives of 19,217
the general public appointed by the governor shall be nonvoting 19,218
members of the council. The council may, by a majority vote, add 19,220
other nonvoting members to the council. A vacancy on the council 19,222
shall be filled in the same manner as the original appointment. 19,223
(B) The speaker of the house of representatives shall 19,225
designate the initial chairperson of the welfare oversight 19,226
council and the president of the senate shall designate the 19,227
initial vice-chairperson of the council. Thereafter, the 19,228
authority to designate the chairperson and the vice-chairperson 19,229
shall alternate between the speaker of the house and the 19,230
president of the senate. The chairperson and vice-chairperson 19,231
and other members of the council shall serve one-year terms. The 19,232
THE council shall meet at least once every three months. 19,235
The TWICE A YEAR IN COLUMBUS OR OTHER LOCATIONS SELECTED BY THE 19,236
CHAIRPERSON TO MONITOR AND REVIEW THE OHIO WORKS FIRST PROGRAM 19,238
ESTABLISHED UNDER CHAPTER 5107. OF THE REVISED CODE AND THE 19,241
DEPARTMENT OF HUMAN SERVICES, COUNTY DEPARTMENTS OF HUMAN 19,242
SERVICES, CHILD SUPPORT ENFORCEMENT AGENCIES, AND PUBLIC CHILDREN 19,243
SERVICES AGENCIES. THE COUNCIL MAY VISIT THE DEPARTMENT, COUNTY 19,244
DEPARTMENTS, AND AGENCIES. 19,245
THE chairperson of the council shall determine the agenda 19,248
for each meeting of the council, except that if at least four 19,249
465
legislative members of the council submit a written request to 19,250
the chairperson to consider an item, the chairperson shall place 19,251
the item on the agenda of the council's next regularly scheduled 19,252
meeting occurring more than ten days after the written request is 19,253
submitted to the chairperson.
(C) The members of the welfare oversight council shall 19,255
serve without compensation but shall be reimbursed for their 19,256
actual and necessary expenses incurred in the discharge of their 19,257
official duties. In the discharge of its duties the council may 19,259
issue subpoenas compelling the attendance of witnesses and the 19,260
production of any records of the state department OF HUMAN
SERVICES or local agencies. The council shall adopt rules to 19,261
implement this section. 19,262
(D) The welfare oversight council shall monitor and review 19,265
the department of human services and county departments of human 19,266
services in their implementation of sections 5101.80 to 5101.94 19,267
of the Revised Code and the implementation of other programs 19,268
within the jurisdiction of the state and county departments. The 19,269
council shall advise the general assembly on the performance of 19,270
the state and DEPARTMENT OF HUMAN SERVICES, county departments 19,271
with regard to the requirements of sections 5101.80 to 5101.94 of 19,272
the Revised Code and such other programs OF HUMAN SERVICES, CHILD 19,273
SUPPORT ENFORCEMENT AGENCIES, AND PUBLIC CHILDREN SERVICES 19,274
AGENCIES. The council shall also submit recommendations to the 19,276
general assembly for any changes in law that the council 19,277
considers necessary or appropriate.
Sec. 5101.97. (A)(1) Not later than January 1, 1996 1998, 19,287
and the first day of each July and January thereafter, the 19,288
department of human services shall submit four reports, one for 19,289
each of COMPLETE A REPORT ON THE CHARACTERISTICS OF THE 19,290
INDIVIDUALS WHO PARTICIPATE IN OR RECEIVE SERVICES THROUGH THE 19,291
PROGRAMS OPERATED BY THE DEPARTMENT AND THE OUTCOMES OF THE 19,292
INDIVIDUALS' PARTICIPATION IN OR RECEIPT OF SERVICES THROUGH THE 19,293
PROGRAMS. THE REPORT SHALL INCLUDE INFORMATION ON the following: 19,295
466
(A) The job opportunities and basic skills training 19,297
program (a) WORK ACTIVITIES, DEVELOPMENTAL ACTIVITIES, AND 19,298
ALTERNATIVE WORK ACTIVITIES established under section 5101.81 19,300
SECTIONS 5107.40 TO 5107.68 of the Revised Code; 19,301
(B)(b) Programs of publicly funded child day-care, as 19,303
defined in section 5104.01 of the Revised Code; 19,304
(C)(c) Child support enforcement programs; 19,306
(D)(d) Births to recipients of the medical assistance 19,308
program established under Chapter 5111. of the Revised Code. 19,309
(2) NOT LATER THAN JULY 1, 1999, AND THE FIRST DAY OF EACH 19,313
JULY THEREAFTER, THE DEPARTMENT SHALL COMPLETE A PROGRESS REPORT 19,314
ON THE PARTNERSHIP AGREEMENTS BETWEEN THE DIRECTOR OF HUMAN 19,315
SERVICES AND BOARDS OF COUNTY COMMISSIONERS UNDER SECTION 5101.21 19,316
OF THE REVISED CODE. THE REPORT SHALL INCLUDE A REVIEW OF 19,318
WHETHER THE COUNTY SOCIAL SERVICE AGENCIES SATISFIED PERFORMANCE 19,319
STANDARDS INCLUDED IN THE AGREEMENTS.
(3) The department shall submit the four semiannual 19,321
reports REQUIRED UNDER DIVISIONS (A)(1) AND (2) OF THIS SECTION 19,323
to the speaker and minority leader of the house of
representatives, the president and minority leader of the senate, 19,325
the legislative budget officer, the director of budget and 19,326
management, and each board of county commissioners. Each report 19,327
shall address the six-month period that ended six months prior to 19,328
the deadline for the report to be submitted. The department 19,329
shall provide copies of each report to any person or government 19,330
entity on request.
In designing the format for each report, the department 19,332
shall consult with individuals, organizations, and government 19,333
entities interested in the operation of the program to which the 19,334
report will pertain PROGRAMS OPERATED BY THE DEPARTMENT, so that 19,335
it is THE REPORTS ARE designed to enable the general assembly and 19,337
the public to evaluate the program's effectiveness OF THE 19,338
PROGRAMS and identify any needs THAT the program is PROGRAMS ARE 19,339
not meeting. The department shall complete the format for each 19,340
467
of the four reports no later than September 30, 1995.
(B) WHENEVER THE FEDERAL GOVERNMENT REQUIRES THAT THE 19,343
DEPARTMENT SUBMIT A REPORT ON A PROGRAM THAT IS OPERATED BY THE 19,344
DEPARTMENT OR IS OTHERWISE UNDER THE DEPARTMENT'S JURISDICTION, 19,345
THE DEPARTMENT SHALL PREPARE AND SUBMIT THE REPORT IN ACCORDANCE 19,346
WITH THE FEDERAL REQUIREMENTS APPLICABLE TO THAT REPORT. TO THE 19,347
EXTENT POSSIBLE, THE DEPARTMENT MAY COORDINATE THE PREPARATION 19,348
AND SUBMISSION OF A PARTICULAR REPORT WITH ANY OTHER REPORT, 19,349
PLAN, OR OTHER DOCUMENT REQUIRED TO BE SUBMITTED TO THE FEDERAL 19,350
GOVERNMENT, AS WELL AS WITH ANY REPORT REQUIRED TO BE SUBMITTED 19,351
TO THE GENERAL ASSEMBLY. THE REPORTS REQUIRED BY THE PERSONAL 19,353
RESPONSIBILITY AND WORK OPPORTUNITY RECONCILIATION ACT OF 1996 19,355
(P.L. 104-193) MAY BE SUBMITTED AS AN ANNUAL SUMMARY. 19,356
Sec. 5101.971. (A) THE DEPARTMENT OF HUMAN SERVICES SHALL 19,358
PREPARE AN ANNUAL REPORT ON INDIVIDUAL DEVELOPMENT ACCOUNT 19,359
PROGRAMS ESTABLISHED BY COUNTY DEPARTMENTS OF HUMAN SERVICES 19,361
BASED ON THE INFORMATION PROVIDED PURSUANT TO DIVISION (E) OF 19,362
SECTION 329.12 OF THE REVISED CODE AND FILE THE REPORT WITH THE 19,365
GOVERNOR, PRESIDENT AND MINORITY LEADER OF THE SENATE, AND
SPEAKER AND MINORITY LEADER OF THE HOUSE OF REPRESENTATIVES. THE 19,367
DEPARTMENT SHALL FILE THE REPORT ON THE FIRST DAY OF OCTOBER OF
EACH YEAR, BEGINNING IN 1998. 19,368
(B) THE DEPARTMENT SHALL ADOPT RULES IN ACCORDANCE WITH 19,371
CHAPTER 119. OF THE REVISED CODE TO GOVERN THE IMPLEMENTATION OF 19,373
INDIVIDUAL DEVELOPMENT ACCOUNT PROGRAMS UNDER SECTIONS 329.11 TO 19,374
329.14 OF THE REVISED CODE BY COUNTY DEPARTMENTS OF HUMAN 19,377
SERVICES, WHICH SHALL INCLUDE RULES COVERING ALL OF THE
FOLLOWING: 19,378
(1) IMPOSING A PENALTY FOR UNAUTHORIZED USE OF MATCHING 19,380
CONTRIBUTIONS;
(2) SPECIFYING THE INFORMATION THAT MUST BE INCLUDED IN 19,382
THE COUNTY DEPARTMENT'S REPORT TO THE DEPARTMENT UNDER SECTION 19,383
329.12 OF THE REVISED CODE; 19,384
(3) SPECIFYING THE RESPONSIBILITIES OF A FIDUCIARY 19,386
468
ORGANIZATION UNDER AN INDIVIDUAL DEVELOPMENT ACCOUNT PROGRAM 19,387
ESTABLISHED UNDER SECTION 329.12 OF THE REVISED CODE. THE RULES 19,388
SHALL BE CONSISTENT WITH SECTION 404(h) OF THE "SOCIAL SECURITY 19,392
ACT" AS AMENDED BY THE "PERSONAL RESPONSIBILITY AND WORK 19,396
OPPORTUNITY RECONCILIATION ACT OF 1996," 110 STAT. 2105, 42 19,400
U.S.C. 604(h). 19,401
THE RESPONSIBILITIES OF A FIDUCIARY ORGANIZATION MAY 19,403
INCLUDE MARKETING; SOLICITING MATCHING CONTRIBUTIONS; COUNSELING 19,404
ACCOUNT HOLDERS; CONDUCTING VERIFICATION, COMPLIANCE, AND 19,405
EVALUATION ACTIVITIES; AND ANY OTHER RESPONSIBILITIES CONSIDERED 19,406
APPROPRIATE BY THE STATE DEPARTMENT.
Sec. 5101.99. (A) Except as provided under section 19,416
5101.88 or 5101.881 of the Revised Code, any person, other than 19,419
an employer of persons under sections 5101.80 to 5101.94 of the 19,420
Revised Code, who violates section 5101.94 of the Revised Code 19,422
shall be denied assistance under Chapter 5107. of the Revised 19,424
Code for six months following the determination of such 19,425
violation.
(B) Any employer who violates section 5101.94 of the 19,427
Revised Code shall be subject to a fine of one thousand dollars 19,428
and imprisonment for six months. 19,429
(C) Whoever violates division (A) or (B) of section 19,431
5101.61 of the Revised Code shall be fined not more than five 19,433
hundred dollars.
(D)(B) Whoever violates division (F) of section 5101.31 of 19,436
the Revised Code shall be fined not more than five hundred
dollars, or imprisoned not more than six months, or both. 19,438
(C) WHOEVER VIOLATES DIVISION (A) OF SECTION 5101.27 OF 19,441
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 19,450
the Revised Code: 19,451
(A) "Institution" or "association" includes any 19,453
incorporated or unincorporated organization, society, 19,454
association, or agency, public or private, that receives or cares 19,455
469
for children for two or more consecutive weeks; any individual 19,457
who, for hire, gain, or reward, receives or cares for children 19,458
for two or more consecutive weeks, unless the individual is
related to them by blood or marriage; and any individual not in 19,459
the regular employ of a court, or of an institution or 19,461
association certified in accordance with section 5103.03 of the 19,462
Revised Code, who in any manner becomes a party to the placing of 19,463
children in foster homes, unless the individual is related to 19,464
such children by blood or marriage, or is the appointed guardian
of such children; provided, that any organization, society, 19,465
association, school, agency, child guidance center, detention or 19,466
rehabilitation facility, or children's clinic licensed, 19,467
regulated, approved, operated under the direction of, or 19,468
otherwise certified by the department of education, a local board 19,469
of education, the department of youth services, the department of 19,470
mental health, or the department of mental retardation and 19,471
developmental disabilities, or any individual who provides care 19,472
for only a single-family group, placed there by their parents or 19,473
other relative having custody, shall not be considered as being 19,474
within the purview of these sections. 19,475
(B) "Family foster home," "foster home," "private child 19,478
placing agency," "private noncustodial agency," "public children 19,479
services agency," and "treatment foster home" have HAS the same 19,480
meanings MEANING as in section 2151.011 of the Revised Code. 19,481
(C) "TREATMENT FOSTER HOME" MEANS A FAMILY FOSTER HOME 19,483
THAT INCORPORATES SPECIAL PSYCHOLOGICAL OR MEDICAL TREATMENT 19,484
DESIGNED TO CARE FOR THE SPECIFIC NEEDS OF THE CHILDREN RECEIVED 19,485
IN THE FAMILY FOSTER HOME AND THAT RECEIVES AND CARES FOR 19,486
CHILDREN WHO ARE EMOTIONALLY OR BEHAVIORALLY DISTURBED, MEDICALLY 19,487
FRAGILE REQUIRING SPECIAL MEDICAL TREATMENT DUE TO PHYSICAL
AILMENT OR CONDITION, MENTALLY RETARDED, OR DEVELOPMENTALLY 19,488
DISABLED.
Sec. 5103.154. (A) Information concerning all children 19,498
who are, pursuant to section 2151.353 or 5103.15 of the Revised 19,499
470
Code, in the permanent custody of an institution or association 19,500
certified by the department of human services under section
5103.03 of the Revised Code shall be listed with the department 19,501
of human services within ninety days after permanent custody is 19,503
effective, unless the child has been placed for adoption or 19,504
unless an application for placement was initiated under section 19,505
5103.16 of the Revised Code.
(B) All persons who wish to adopt children, and are 19,507
approved by an agency so empowered under this chapter, shall be 19,508
listed with the department of human services within ninety days 19,509
of approval, unless a person requests in writing that that 19,510
person's name not be so listed, or has had a child placed in that 19,512
person's home in preparation for adoption, or has filed a 19,513
petition for adoption.
(C) All persons who wish to adopt a child with special 19,515
needs as defined in rules adopted under section 5153.163 of the 19,516
Revised Code, and who are approved by an agency so empowered 19,517
under this chapter, shall be listed separately by the department 19,518
of human services within ninety days of approval, unless a person 19,519
requests in writing that that person's name not be so listed, or 19,520
has had a child with special needs placed in that person's home 19,521
in preparation for adoption, or has filed a petition for 19,523
adoption.
(D) The department shall forward information on such 19,525
children and listed persons at least quarterly, to all county 19,526
departments of human services, county PUBLIC children services 19,527
boards, AGENCIES and all certified agencies. 19,528
(E) The appropriate listed names shall be removed when a 19,530
child is placed in an adoptive home or when a person withdraws an 19,531
application for adoption. 19,532
(F) No later than six months after the end of each fiscal 19,534
year, the department of human services shall compile a report of 19,535
its conclusions regarding the effectiveness of its actions 19,536
pursuant to this section and of the restrictions on placement 19,537
471
under division (E) of section 5153.163 of the Revised Code in 19,539
increasing adoptive placements of children with special needs,
together with its recommendations, and shall submit a copy of the 19,540
report to the chairpersons of the principal committees of the 19,541
senate and the house of representatives who consider welfare 19,542
legislation.
Sec. 5104.01. As used in this chapter: 19,551
(A) "ADMINISTRATOR" MEANS THE PERSON RESPONSIBLE FOR THE 19,553
DAILY OPERATION OF A CENTER OR TYPE A HOME. THE ADMINISTRATOR 19,554
AND THE OWNER MAY BE THE SAME PERSON. 19,555
(B) "APPROVED CHILD DAY CAMP" MEANS A CHILD DAY CAMP 19,557
APPROVED PURSUANT TO SECTION 5104.22 OF THE REVISED CODE. 19,558
(C) "AUTHORIZED PROVIDER" MEANS A PERSON AUTHORIZED BY A 19,560
COUNTY DIRECTOR OF HUMAN SERVICES TO OPERATE A CERTIFIED TYPE B 19,561
FAMILY DAY-CARE HOME. 19,562
(D) "CARETAKER PARENT" MEANS THE FATHER OR MOTHER OF A 19,564
CHILD WHOSE PRESENCE IN THE HOME IS NEEDED AS THE CARETAKER OF 19,565
THE CHILD, A PERSON WHO HAS LEGAL CUSTODY OF A CHILD AND WHOSE 19,566
PRESENCE IN THE HOME IS NEEDED AS THE CARETAKER OF THE CHILD, A 19,567
GUARDIAN OF A CHILD WHOSE PRESENCE IN THE HOME IS NEEDED AS THE 19,568
CARETAKER OF THE CHILD, AND ANY OTHER PERSON WHO STANDS IN LOCO 19,569
PARENTIS WITH RESPECT TO THE CHILD AND WHOSE PRESENCE IN THE HOME 19,570
IS NEEDED AS THE CARETAKER OF THE CHILD. 19,571
(E) "CERTIFIED TYPE B FAMILY DAY-CARE HOME" AND "CERTIFIED 19,574
TYPE B HOME" MEAN A TYPE B FAMILY DAY-CARE HOME THAT IS CERTIFIED 19,575
BY THE DIRECTOR OF THE COUNTY DEPARTMENT OF HUMAN SERVICES
PURSUANT TO SECTION 5104.11 OF THE REVISED CODE TO RECEIVE PUBLIC 19,576
FUNDS FOR PROVIDING CHILD DAY-CARE PURSUANT TO THIS CHAPTER AND 19,577
ANY RULES ADOPTED UNDER IT. 19,578
(F) "CHARTERED NONPUBLIC SCHOOL" MEANS A SCHOOL THAT MEETS 19,581
STANDARDS FOR NONPUBLIC SCHOOLS PRESCRIBED BY THE STATE BOARD OF 19,582
EDUCATION FOR NONPUBLIC SCHOOLS PURSUANT TO SECTION 3301.07 OF 19,583
THE REVISED CODE.
(G) "CHILD" INCLUDES AN INFANT, TODDLER, PRESCHOOL CHILD, 19,585
472
OR SCHOOL CHILD. 19,586
(H) "CHILD CARE BLOCK GRANT ACT" MEANS THE "CHILD CARE AND 19,589
DEVELOPMENT BLOCK GRANT ACT OF 1990," ESTABLISHED IN SECTION 5082 19,590
OF THE "OMNIBUS BUDGET RECONCILIATION ACT OF 1990," 104 STAT. 19,592
1388-236 (1990), 42 U.S.C. 9858, AS AMENDED.
(I) "CHILD DAY CAMP" MEANS A PROGRAM IN WHICH ONLY SCHOOL 19,594
CHILDREN ATTEND OR PARTICIPATE, THAT OPERATES FOR NO MORE THAN 19,595
SEVEN HOURS PER DAY, THAT OPERATES ONLY DURING ONE OR MORE PUBLIC 19,596
SCHOOL DISTRICT'S REGULAR VACATION PERIODS OR FOR NO MORE THAN 19,597
FIFTEEN WEEKS DURING THE SUMMER, AND THAT OPERATES OUTDOOR 19,598
ACTIVITIES FOR EACH CHILD WHO ATTENDS OR PARTICIPATES IN THE 19,599
PROGRAM FOR A MINIMUM OF FIFTY PER CENT OF EACH DAY THAT CHILDREN 19,600
ATTEND OR PARTICIPATE IN THE PROGRAM, EXCEPT FOR ANY DAY WHEN 19,601
HAZARDOUS WEATHER CONDITIONS PREVENT THE PROGRAM FROM OPERATING 19,602
OUTDOOR ACTIVITIES FOR A MINIMUM OF FIFTY PER CENT OF THAT DAY. 19,603
FOR PURPOSES OF THIS DIVISION, THE MAXIMUM SEVEN HOURS OF 19,604
OPERATION TIME DOES NOT INCLUDE TRANSPORTATION TIME FROM A 19,605
CHILD'S HOME TO A CHILD DAY CAMP AND FROM A CHILD DAY CAMP TO A 19,606
CHILD'S HOME. 19,607
(J) "Child day-care" means administering to the needs of 19,609
infants, toddlers, pre-school PRESCHOOL children, and school 19,610
children outside of school hours by persons other than their 19,611
parents or guardians, custodians, or relatives by blood, 19,612
marriage, or adoption for any part of the twenty-four-hour day in 19,613
a place or residence other than a child's own home. 19,614
(B)(K) "CHILD DAY-CARE CENTER" AND "CENTER" MEAN ANY PLACE 19,616
IN WHICH CHILD DAY-CARE OR PUBLICLY FUNDED CHILD DAY-CARE IS 19,617
PROVIDED FOR THIRTEEN OR MORE CHILDREN AT ONE TIME OR ANY PLACE 19,618
THAT IS NOT THE PERMANENT RESIDENCE OF THE LICENSEE OR 19,619
ADMINISTRATOR IN WHICH CHILD DAY-CARE OR PUBLICLY FUNDED CHILD 19,620
DAY-CARE IS PROVIDED FOR SEVEN TO TWELVE CHILDREN AT ONE TIME. 19,621
IN COUNTING CHILDREN FOR THE PURPOSES OF THIS DIVISION, ANY 19,622
CHILDREN UNDER SIX YEARS OF AGE WHO ARE RELATED TO A LICENSEE, 19,623
ADMINISTRATOR, OR EMPLOYEE AND WHO ARE ON THE PREMISES OF THE 19,624
473
CENTER SHALL BE COUNTED. "CHILD DAY-CARE CENTER" AND "CENTER" DO 19,625
NOT INCLUDE ANY OF THE FOLLOWING: 19,626
(1) A PLACE LOCATED IN AND OPERATED BY A HOSPITAL, AS 19,628
DEFINED IN SECTION 3727.01 OF THE REVISED CODE, IN WHICH THE 19,629
NEEDS OF CHILDREN ARE ADMINISTERED TO, IF ALL THE CHILDREN WHOSE 19,630
NEEDS ARE BEING ADMINISTERED TO ARE MONITORED UNDER THE ON-SITE 19,631
SUPERVISION OF A PHYSICIAN LICENSED UNDER CHAPTER 4731. OF THE 19,632
REVISED CODE OR A REGISTERED NURSE LICENSED UNDER CHAPTER 4723. 19,633
OF THE REVISED CODE, AND THE SERVICES ARE PROVIDED ONLY FOR 19,634
CHILDREN WHO, IN THE OPINION OF THE CHILD'S PARENT, GUARDIAN, OR 19,635
CUSTODIAN, ARE EXHIBITING SYMPTOMS OF A COMMUNICABLE DISEASE OR 19,636
OTHER ILLNESS OR ARE INJURED; 19,637
(2) A CHILD DAY CAMP; 19,639
(3) A PLACE LOCATED AT A CHILD DAY CAMP THAT PROVIDES 19,641
CHILD DAY-CARE, BUT NOT PUBLICLY FUNDED CHILD DAY-CARE, IF ALL OF 19,642
THE FOLLOWING APPLY: 19,643
(a) AN ORGANIZED RELIGIOUS BODY PROVIDES THE CHILD 19,646
DAY-CARE;
(b) A PARENT, CUSTODIAN, OR GUARDIAN OF AT LEAST ONE CHILD 19,649
RECEIVING CHILD DAY-CARE IS ON THE PREMISES AND READILY 19,650
ACCESSIBLE AT ALL TIMES;
(c) THE CHILD DAY-CARE IS NOT PROVIDED FOR MORE THAN 19,652
THIRTY DAYS A YEAR; 19,653
(d) THE CHILD DAY-CARE IS PROVIDED ONLY FOR PRESCHOOL AND 19,655
SCHOOL CHILDREN. 19,656
(L) "CHILD DAY-CARE RESOURCE AND REFERRAL SERVICE 19,658
ORGANIZATION" MEANS A COMMUNITY-BASED NONPROFIT ORGANIZATION THAT 19,659
PROVIDES CHILD DAY-CARE RESOURCE AND REFERRAL SERVICES BUT NOT 19,660
CHILD DAY-CARE.
(M) "CHILD DAY-CARE RESOURCE AND REFERRAL SERVICES" MEANS 19,662
ALL OF THE FOLLOWING SERVICES: 19,663
(1) MAINTENANCE OF A UNIFORM DATA BASE OF ALL CHILD 19,665
DAY-CARE PROVIDERS IN THE COMMUNITY THAT ARE IN COMPLIANCE WITH 19,666
THIS CHAPTER, INCLUDING CURRENT OCCUPANCY AND VACANCY DATA; 19,667
474
(2) PROVISION OF INDIVIDUALIZED CONSUMER EDUCATION TO 19,669
FAMILIES SEEKING CHILD DAY-CARE; 19,670
(3) PROVISION OF TIMELY REFERRALS OF AVAILABLE CHILD 19,672
DAY-CARE PROVIDERS TO FAMILIES SEEKING CHILD DAY-CARE; 19,673
(4) RECRUITMENT OF CHILD DAY-CARE PROVIDERS; 19,675
(5) ASSISTANCE IN THE DEVELOPMENT, CONDUCT, AND 19,677
DISSEMINATION OF TRAINING FOR CHILD DAY-CARE PROVIDERS AND 19,679
PROVISION OF TECHNICAL ASSISTANCE TO CURRENT AND POTENTIAL CHILD 19,680
DAY-CARE PROVIDERS, EMPLOYERS, AND THE COMMUNITY;
(6) COLLECTION AND ANALYSIS OF DATA ON THE SUPPLY OF AND 19,682
DEMAND FOR CHILD DAY-CARE IN THE COMMUNITY; 19,683
(7) TECHNICAL ASSISTANCE CONCERNING LOCALLY, STATE, AND 19,685
FEDERALLY FUNDED CHILD DAY-CARE AND EARLY CHILDHOOD EDUCATION 19,686
PROGRAMS;
(8) STIMULATION OF EMPLOYER INVOLVEMENT IN MAKING CHILD 19,688
DAY-CARE MORE AFFORDABLE, MORE AVAILABLE, SAFER, AND OF HIGHER 19,689
QUALITY FOR THEIR EMPLOYEES AND FOR THE COMMUNITY; 19,690
(9) PROVISION OF WRITTEN EDUCATIONAL MATERIALS TO 19,692
CARETAKER PARENTS AND INFORMATIONAL RESOURCES TO CHILD DAY-CARE 19,693
PROVIDERS; 19,694
(10) COORDINATION OF SERVICES AMONG CHILD DAY-CARE 19,696
RESOURCE AND REFERRAL SERVICE ORGANIZATIONS TO ASSIST IN 19,697
DEVELOPING AND MAINTAINING A STATEWIDE SYSTEM OF CHILD DAY-CARE 19,698
RESOURCE AND REFERRAL SERVICES IF REQUIRED BY THE DEPARTMENT OF 19,699
HUMAN SERVICES;
(11) COOPERATION WITH THE COUNTY DEPARTMENT OF HUMAN 19,701
SERVICES IN ENCOURAGING THE ESTABLISHMENT OF PARENT COOPERATIVE 19,702
CHILD DAY-CARE CENTERS AND PARENT COOPERATIVE TYPE A FAMILY 19,704
DAY-CARE HOMES.
(N) "CHILD-CARE STAFF MEMBER" MEANS AN EMPLOYEE OF A CHILD 19,707
DAY-CARE CENTER OR TYPE A FAMILY DAY-CARE HOME WHO IS PRIMARILY 19,708
RESPONSIBLE FOR THE CARE AND SUPERVISION OF CHILDREN. THE 19,709
ADMINISTRATOR MAY BE A PART-TIME CHILD-CARE STAFF MEMBER WHEN NOT 19,710
INVOLVED IN OTHER DUTIES.
475
(O) "DROP-IN CHILD DAY-CARE CENTER," "DROP-IN CENTER," 19,712
"DROP-IN TYPE A FAMILY DAY-CARE HOME," AND "DROP-IN TYPE A HOME" 19,714
MEAN A CENTER OR TYPE A HOME THAT PROVIDES CHILD DAY-CARE OR
PUBLICLY FUNDED CHILD DAY-CARE FOR CHILDREN ON A TEMPORARY, 19,715
IRREGULAR BASIS. 19,716
(P) "EMPLOYEE" MEANS A PERSON WHO EITHER: 19,718
(1) RECEIVES COMPENSATION FOR DUTIES PERFORMED IN A CHILD 19,720
DAY-CARE CENTER OR TYPE A FAMILY DAY-CARE HOME; 19,721
(2) IS ASSIGNED SPECIFIC WORKING HOURS OR DUTIES IN A 19,723
CHILD DAY-CARE CENTER OR TYPE A FAMILY DAY-CARE HOME. 19,724
(Q) "EMPLOYER" MEANS A PERSON, FIRM, INSTITUTION, 19,726
ORGANIZATION, OR AGENCY THAT OPERATES A CHILD DAY-CARE CENTER OR 19,727
TYPE A FAMILY DAY-CARE HOME SUBJECT TO LICENSURE UNDER THIS 19,728
CHAPTER.
(R) "FEDERAL POVERTY LINE" MEANS THE OFFICIAL POVERTY 19,730
GUIDELINE AS REVISED ANNUALLY IN ACCORDANCE WITH SECTION 673(2) 19,731
OF THE "OMNIBUS BUDGET RECONCILIATION ACT OF 1981," 95 STAT. 511, 19,733
42 U.S.C. 9902, AS AMENDED, FOR A FAMILY SIZE EQUAL TO THE SIZE 19,734
OF THE FAMILY OF THE PERSON WHOSE INCOME IS BEING DETERMINED. 19,735
(S) "HEAD START PROGRAM" MEANS A COMPREHENSIVE CHILD 19,737
DEVELOPMENT PROGRAM THAT RECEIVES FUNDS DISTRIBUTED UNDER THE 19,739
"HEAD START ACT," 95 STAT. 499 (1981), 42 U.S.C. 9831, AS 19,740
AMENDED, OR UNDER SECTION 3301.31 OF THE REVISED CODE.
(T) "INCOME" MEANS GROSS INCOME, AS DEFINED IN SECTION 19,742
5107.03 OF THE REVISED CODE, LESS ANY AMOUNTS REQUIRED BY FEDERAL 19,743
STATUTES OR REGULATIONS TO BE DISREGARDED. 19,744
(U) "INDICATOR CHECKLIST" MEANS AN INSPECTION TOOL, USED 19,746
IN CONJUNCTION WITH AN INSTRUMENT-BASED PROGRAM MONITORING 19,747
INFORMATION SYSTEM, THAT CONTAINS SELECTED LICENSING REQUIREMENTS 19,748
THAT ARE STATISTICALLY RELIABLE INDICATORS OR PREDICTORS OF A 19,749
CHILD DAY-CARE CENTER OR TYPE A FAMILY DAY-CARE HOME'S COMPLIANCE 19,750
WITH LICENSING REQUIREMENTS.
(V) "INFANT" MEANS A CHILD WHO IS LESS THAN EIGHTEEN 19,753
MONTHS OF AGE.
476
(W) "IN-HOME AIDE" MEANS A PERSON CERTIFIED BY A COUNTY 19,755
DIRECTOR OF HUMAN SERVICES PURSUANT TO SECTION 5104.12 OF THE 19,756
REVISED CODE TO PROVIDE PUBLICLY FUNDED CHILD DAY-CARE TO A CHILD 19,757
IN A CHILD'S OWN HOME PURSUANT TO THIS CHAPTER AND ANY RULES 19,758
ADOPTED UNDER IT. 19,759
(X) "INSTRUMENT-BASED PROGRAM MONITORING INFORMATION 19,761
SYSTEM" MEANS A METHOD TO ASSESS COMPLIANCE WITH LICENSING 19,762
REQUIREMENTS FOR CHILD DAY-CARE CENTERS AND TYPE A FAMILY 19,763
DAY-CARE HOMES IN WHICH EACH LICENSING REQUIREMENT IS ASSIGNED A 19,764
WEIGHT INDICATIVE OF THE RELATIVE IMPORTANCE OF THE REQUIREMENT 19,765
TO THE HEALTH, GROWTH, AND SAFETY OF THE CHILDREN THAT IS USED TO 19,766
DEVELOP AN INDICATOR CHECKLIST.
(Y) "LICENSE CAPACITY" MEANS THE MAXIMUM NUMBER IN EACH 19,768
AGE CATEGORY OF CHILDREN WHO MAY BE CARED FOR IN A CHILD DAY-CARE 19,769
CENTER OR TYPE A FAMILY DAY-CARE HOME AT ONE TIME AS DETERMINED 19,770
BY THE DIRECTOR OF HUMAN SERVICES CONSIDERING BUILDING OCCUPANCY 19,771
LIMITS ESTABLISHED BY THE DEPARTMENT OF COMMERCE, NUMBER OF 19,772
AVAILABLE CHILD-CARE STAFF MEMBERS, AMOUNT OF AVAILABLE INDOOR 19,773
FLOOR SPACE AND OUTDOOR PLAY SPACE, AND AMOUNT OF AVAILABLE PLAY 19,774
EQUIPMENT, MATERIALS, AND SUPPLIES.
(Z) "LICENSED PRESCHOOL PROGRAM" OR "LICENSED SCHOOL CHILD 19,777
PROGRAM" MEANS A PRESCHOOL PROGRAM OR SCHOOL CHILD PROGRAM, AS 19,778
DEFINED IN SECTION 3301.52 OF THE REVISED CODE, THAT IS LICENSED 19,779
BY THE DEPARTMENT OF EDUCATION PURSUANT TO SECTIONS 3301.52 TO 19,780
3301.59 OF THE REVISED CODE.
(AA) "LICENSEE" MEANS THE OWNER OF A CHILD DAY-CARE CENTER 19,782
OR TYPE A FAMILY DAY-CARE HOME THAT IS LICENSED PURSUANT TO THIS 19,783
CHAPTER AND WHO IS RESPONSIBLE FOR ENSURING ITS COMPLIANCE WITH 19,784
THIS CHAPTER AND RULES PROMULGATED PURSUANT TO THIS CHAPTER. 19,785
(BB) "OPERATE A CHILD DAY CAMP" MEANS TO OPERATE, 19,787
ESTABLISH, MANAGE, CONDUCT, OR MAINTAIN A CHILD DAY CAMP. 19,788
(CC) "OWNER" INCLUDES A PERSON, AS DEFINED IN SECTION 1.59 19,790
OF THE REVISED CODE, OR GOVERNMENT ENTITY. 19,791
(DD) "PARENT COOPERATIVE CHILD DAY-CARE CENTER," "PARENT 19,793
477
COOPERATIVE CENTER," "PARENT COOPERATIVE TYPE A FAMILY DAY-CARE 19,794
HOME," AND "PARENT COOPERATIVE TYPE A HOME" MEAN A CORPORATION OR 19,795
ASSOCIATION ORGANIZED FOR PROVIDING EDUCATIONAL SERVICES TO THE 19,796
CHILDREN OF MEMBERS OF THE CORPORATION OR ASSOCIATION, WITHOUT 19,797
GAIN TO THE CORPORATION OR ASSOCIATION AS AN ENTITY, IN WHICH THE 19,798
SERVICES OF THE CORPORATION OR ASSOCIATION ARE PROVIDED ONLY TO 19,799
CHILDREN OF THE MEMBERS OF THE CORPORATION OR ASSOCIATION, 19,800
OWNERSHIP AND CONTROL OF THE CORPORATION OR ASSOCIATION RESTS 19,801
SOLELY WITH THE MEMBERS OF THE CORPORATION OR ASSOCIATION, AND AT 19,802
LEAST ONE PARENT-MEMBER OF THE CORPORATION OR ASSOCIATION IS ON 19,803
THE PREMISES OF THE CENTER OR TYPE A HOME DURING ITS HOURS OF 19,804
OPERATION. 19,805
(EE) "PART-TIME CHILD DAY-CARE CENTER," "PART-TIME 19,807
CENTER," "PART-TIME TYPE A FAMILY DAY-CARE HOME," AND "PART-TIME 19,808
TYPE A HOME" MEAN A CENTER OR TYPE A HOME THAT PROVIDES CHILD 19,809
DAY-CARE OR PUBLICLY FUNDED CHILD DAY-CARE FOR NO MORE THAN FOUR 19,810
HOURS A DAY FOR ANY CHILD. 19,811
(FF) "PLACE OF WORSHIP" MEANS A BUILDING WHERE ACTIVITIES 19,813
OF AN ORGANIZED RELIGIOUS GROUP ARE CONDUCTED AND INCLUDES THE 19,814
GROUNDS AND ANY OTHER BUILDINGS ON THE GROUNDS USED FOR SUCH 19,815
ACTIVITIES. 19,816
(GG) "PRESCHOOL CHILD" MEANS A CHILD WHO IS THREE YEARS 19,818
OLD OR OLDER BUT IS NOT A SCHOOL CHILD. 19,819
(HH) "PROTECTIVE DAY-CARE" MEANS PUBLICLY FUNDED CHILD 19,821
DAY-CARE FOR THE DIRECT CARE AND PROTECTION OF A CHILD TO WHOM 19,822
EITHER OF THE FOLLOWING APPLIES: 19,823
(1) A CASE PLAN PREPARED AND MAINTAINED FOR THE CHILD 19,825
PURSUANT TO SECTION 2151.412 OF THE REVISED CODE INDICATES A NEED 19,826
FOR PROTECTIVE DAY-CARE AND THE CHILD RESIDES WITH A PARENT, 19,827
STEPPARENT, GUARDIAN, OR ANOTHER PERSON WHO STANDS IN LOCO 19,828
PARENTIS AS DEFINED IN RULES ADOPTED UNDER SECTION 5104.38 OF THE 19,829
REVISED CODE;
(2) THE CHILD AND THE CHILD'S CARETAKER EITHER TEMPORARILY 19,831
RESIDE IN A FACILITY PROVIDING EMERGENCY SHELTER FOR HOMELESS 19,833
478
FAMILIES OR ARE DETERMINED BY THE COUNTY DEPARTMENT OF HUMAN 19,834
SERVICES TO BE HOMELESS, AND ARE OTHERWISE INELIGIBLE FOR 19,835
PUBLICLY FUNDED CHILD DAY-CARE. 19,836
(II) "Publicly funded child day-care" means administering 19,838
to the needs of infants, toddlers, pre-school PRESCHOOL children, 19,840
and school children during any part of the twenty-four-hour day
by persons other than their caretaker parents for remuneration 19,841
wholly or in part with federal or state funds distributed by the 19,842
department of human services. 19,843
(C) "Child day-care center" and "center" mean any place in 19,845
which child day-care or publicly funded child day-care is 19,846
provided for thirteen or more children at one time or any place 19,847
that is not the permanent residence of the licensee or 19,848
administrator in which child day-care or publicly funded child 19,849
day-care is provided for seven to twelve children at one time. 19,850
In counting children for the purposes of this division, any 19,851
children under six years of age who are related to a licensee, 19,852
administrator, or employee and who are on the premises of the 19,853
center shall be counted. "Child day-care center" and "center" do 19,854
not include any of the following: 19,855
(1) A place located in and operated by a hospital, as 19,857
defined in section 3727.01 of the Revised Code, in which the 19,858
needs of children are administered to, if all the children whose 19,859
needs are being administered to are monitored under the on-site 19,860
supervision of a physician licensed under Chapter 4731. of the 19,861
Revised Code or a registered nurse licensed under Chapter 4723. 19,862
of the Revised Code, and the services are provided only for 19,863
children who, in the opinion of the child's parent, guardian, or 19,864
custodian, are exhibiting symptoms of a communicable disease or 19,865
other illness or are injured; 19,866
(2) A child day camp; 19,868
(3) A place located at a child day camp that provides 19,870
child day-care, but not publicly funded child day-care, to 19,871
pre-school children if all of the following apply: 19,872
479
(a) An organized religious body operates the child day 19,874
camp and provides the child day-care; 19,875
(b) The child day camp is registered with the department 19,877
of human services under section 5104.21 of the Revised Code; 19,878
(c) A parent, custodian, or guardian of at least one 19,880
pre-school child receiving child day-care at the child day camp 19,881
is on the premises and readily accessible at all times; 19,882
(d) The child day-care is not provided for more than 19,884
thirty days a year; 19,885
(e) The child day-care is provided while school children 19,887
attend the child day camp. 19,888
(D)(JJ) "RELIGIOUS ACTIVITIES" MEANS ANY OF THE FOLLOWING: 19,890
WORSHIP OR OTHER RELIGIOUS SERVICES; RELIGIOUS INSTRUCTION; 19,891
SUNDAY SCHOOL CLASSES OR OTHER RELIGIOUS CLASSES CONDUCTED DURING 19,892
OR PRIOR TO WORSHIP OR OTHER RELIGIOUS SERVICES; YOUTH OR ADULT 19,893
FELLOWSHIP ACTIVITIES; CHOIR OR OTHER MUSICAL GROUP PRACTICES OR 19,894
PROGRAMS; MEALS; FESTIVALS; OR MEETINGS CONDUCTED BY AN ORGANIZED 19,895
RELIGIOUS GROUP. 19,896
(KK) "SCHOOL CHILD" MEANS A CHILD WHO IS ENROLLED IN OR IS 19,898
ELIGIBLE TO BE ENROLLED IN A GRADE OF KINDERGARTEN OR ABOVE BUT 19,899
IS LESS THAN FIFTEEN YEARS OLD. 19,900
(LL) "SCHOOL CHILD DAY-CARE CENTER," "SCHOOL CHILD 19,902
CENTER," "SCHOOL CHILD TYPE A FAMILY DAY-CARE HOME," AND "SCHOOL 19,903
CHILD TYPE A FAMILY HOME" MEAN A CENTER OR TYPE A HOME THAT 19,904
PROVIDES CHILD DAY-CARE FOR SCHOOL CHILDREN ONLY AND THAT DOES 19,906
EITHER OR BOTH OF THE FOLLOWING: 19,907
(1) OPERATES ONLY DURING THAT PART OF THE DAY THAT 19,909
IMMEDIATELY PRECEDES OR FOLLOWS THE PUBLIC SCHOOL DAY OF THE 19,910
SCHOOL DISTRICT IN WHICH THE CENTER OR TYPE A HOME IS LOCATED; 19,911
(2) OPERATES ONLY WHEN THE PUBLIC SCHOOLS IN THE SCHOOL 19,913
DISTRICT IN WHICH THE CENTER OR TYPE A HOME IS LOCATED ARE NOT 19,914
OPEN FOR INSTRUCTION WITH PUPILS IN ATTENDANCE. 19,915
(MM) "SPECIAL NEEDS DAY-CARE" MEANS PUBLICLY FUNDED CHILD 19,917
DAY-CARE THAT IS PROVIDED FOR A CHILD WHO IS PHYSICALLY OR 19,918
480
DEVELOPMENTALLY HANDICAPPED, MENTALLY RETARDED, OR MENTALLY ILL. 19,919
(NN) "STATE MEDIAN INCOME" MEANS THE STATE MEDIAN INCOME 19,921
CALCULATED BY THE DEPARTMENT OF DEVELOPMENT PURSUANT TO DIVISION 19,922
(A)(1)(g) OF SECTION 5709.61 OF THE REVISED CODE. 19,923
(OO) "TODDLER" MEANS A CHILD WHO IS AT LEAST EIGHTEEN 19,925
MONTHS OF AGE BUT LESS THAN THREE YEARS OF AGE. 19,926
(PP) "Type A family day-care home" and "type A home" mean 19,928
a permanent residence of the administrator in which child 19,929
day-care or publicly funded child day-care is provided for seven 19,930
to twelve children at one time or a permanent residence of the 19,931
administrator in which child day-care is provided for four to 19,932
twelve children at one time if four or more children at one time 19,933
are under two years of age. In counting children for the 19,934
purposes of this division, any children under six years of age 19,935
who are related to a licensee, administrator, or employee and who 19,936
are on the premises of the type A home shall be counted. "Type A 19,937
family day-care home" does not include a residence in which the 19,938
needs of children are administered to, if all of the children 19,939
whose needs are being administered to are siblings of the same 19,940
immediate family and the residence is the home of the siblings. 19,941
"Type A family day-care home" and "type A home" do not include 19,942
any child day camp. 19,943
(E)(QQ) "Type B family day-care home" and "type B home" 19,945
mean a permanent residence of the provider in which child 19,946
day-care is provided for one to six children at one time and in 19,947
which no more than three children are under two years of age at 19,948
one time. In counting children for the purposes of this 19,949
division, any children under six years of age who are related to 19,950
the provider and who are on the premises of the type B home shall 19,951
be counted. "Type B family day-care home" does not include a 19,952
residence in which the needs of children are administered to, if 19,953
all of the children whose needs are being administered to are 19,954
siblings of the same immediate family and the residence is the 19,955
home of the siblings. "Type B family day-care home" and "type B 19,956
481
home" do not include any child day camp. 19,957
(F) "Certified type B family day-care home" and "certified 19,959
type B home" mean a type B family day-care home that is certified 19,960
by the director of the county department of human services 19,961
pursuant to section 5104.11 of the Revised Code to receive public 19,962
funds for providing child day-care pursuant to this chapter and 19,963
any rules adopted under it. 19,964
(G) "Infant" means a child who is less than twelve months 19,966
of age, or a child who is at least twelve months of age but is 19,967
less than eighteen months of age. 19,968
(H) "Toddler" means a child who is at least eighteen 19,970
months of age but less than thirty months of age, or a child who 19,971
is at least thirty months of age but less than three years of 19,972
age. 19,973
(I) "Pre-school child" means a child who is three years 19,975
old, or is four or five years old but is not a school child. 19,976
(J) "School child" means a child who is enrolled in or is 19,978
eligible to be enrolled in a grade of kindergarten or above but 19,979
is less than eleven years old, or a child who is at least eleven 19,980
years old but is less than fifteen years old. 19,981
(K) "Child" includes an infant, toddler, pre-school child, 19,983
or school child. 19,984
(L) "Administrator" means the person responsible for the 19,986
daily operation of the center or type A home. The administrator 19,987
and the owner may be the same person. 19,988
(M) "Owner" includes a person, firm, organization, 19,990
institution, or agency. 19,991
(N) "Child-care staff member" means any employee of a 19,993
child day-care center or type A family day-care home who is 19,994
primarily responsible for the care and supervision of children. 19,995
The administrator may be a part-time child-care staff member when 19,996
not involved in other duties. 19,997
(O) "Authorized provider" means a person authorized by a 19,999
county director of human services to operate a certified type B 20,000
482
family day-care home. 20,001
(P) "License capacity" means the maximum number in each 20,003
age category of children, as established in divisions (G) to (J) 20,004
of this section, who may be cared for in a child day-care center 20,005
or type A family day-care home at one time as determined by the 20,006
director of human services considering building occupancy limits 20,007
established by the department of commerce, number of available 20,008
child-care staff members, amount of available indoor floor space 20,010
and outdoor play space, and amount of available play equipment, 20,011
materials, and supplies. The license capacity specified on the 20,012
provisional license or license issued under section 5104.03 of 20,013
the Revised Code shall be the maximum number of children in each 20,014
age category of children who may be cared for in the center or 20,015
type A home at one time.
(Q) "Employee" means a person who either: 20,017
(1) Receives compensation for duties performed in a child 20,019
day-care center or type A family day-care home; 20,020
(2) Is assigned specific working hours or duties in a 20,022
child day-care center or type A family day-care home. 20,023
(R) "Employer" means a person, firm, institution, 20,025
organization, or agency that operates a child day-care center or 20,026
type A family day-care home that is subject to licensure pursuant 20,027
to this chapter. 20,028
(S) "In-home aide" means a person certified by a county 20,030
director of human services pursuant to section 5104.12 of the 20,031
Revised Code to provide publicly funded child day-care to a child 20,032
in a child's own home pursuant to this chapter and any rules 20,033
adopted under it. 20,034
(T) "Parent cooperative child day-care center," "parent 20,036
cooperative center," "parent cooperative type A family day-care 20,037
home," and "parent cooperative type A home" mean a corporation or 20,038
association organized for providing educational services to the 20,039
children of members of the corporation or association, without 20,040
gain to the corporation or association as an entity, in which the 20,041
483
services of the corporation or association are provided only to 20,042
children of the members of the corporation or association, 20,043
ownership and control of the corporation or association rests 20,044
solely with the members of the corporation or association, and at 20,045
least one parent-member of the corporation or association is on 20,046
the premises of the center or type A home during its hours of 20,047
operation. 20,048
(U) "Part-time child day-care center," "part-time center," 20,050
"part-time type A family day-care home," and "part-time type A 20,051
home" mean a center or type A home that provides child day-care 20,052
or publicly funded child day-care for no more than four hours a 20,053
day for any child. 20,054
(V) "Drop-in child day-care center," "drop-in center," 20,056
"drop-in type A family day-care home," and "drop-in type A home" 20,057
mean a center or type A home that provides child day-care or 20,058
publicly funded child day-care for children on a temporary, 20,059
irregular basis. 20,060
(W) "School child day-care center," "school child center," 20,062
"school child type A family day-care home," and "school child 20,063
type A family home" mean a center or type A home that provides 20,064
child day-care for school children only and that does either or 20,065
both of the following: 20,066
(1) Operates only during that part of the day that 20,068
immediately precedes or follows the public school day of the 20,069
school district in which the center or type A home is located; 20,070
(2) Operates only when the public schools in the school 20,072
district in which the center or type A home is located are not 20,073
open for instruction with pupils in attendance. 20,074
(X) "Place of worship" means a cathedral, chapel, church, 20,076
mosque, synagogue, temple, or other building where activities of 20,077
an organized religious group are conducted and includes the 20,078
grounds and any other buildings on the grounds used for such 20,079
activities. 20,080
(Y) "Religious activities" means: worship or other 20,082
484
religious services; religious instruction; Sunday school classes 20,083
or other religious classes conducted during or prior to worship 20,084
or other religious services; youth or adult fellowship 20,085
activities; choir or other musical group practices or programs; 20,086
meals; festivals; or meetings conducted by an organized religious 20,087
group. 20,088
(Z) "Licensee" means the owner of a child day-care center 20,090
or type A family day-care home that is licensed pursuant to this 20,091
chapter and who is responsible for ensuring its compliance with 20,092
this chapter and rules promulgated pursuant to this chapter. 20,093
(AA) "Chartered nonpublic school" means a school that 20,095
meets standards for nonpublic schools prescribed by the state 20,096
board of education for nonpublic schools pursuant to section 20,097
3301.07 of the Revised Code. 20,098
(BB) "Caretaker parent" means the father or mother of a 20,100
child whose presence in the home is needed as the caretaker of 20,101
the child, a person who has legal custody of a child and whose 20,102
presence in the home is needed as the caretaker of the child, a 20,103
guardian of a child whose presence in the home is needed as the 20,104
caretaker of the child, and any other person who stands in loco 20,105
parentis with respect to the child and whose presence in the home 20,106
is needed as the caretaker of the child. 20,107
(CC) "Protective day-care" means publicly funded child 20,109
day-care for the direct care and protection of a child to whom 20,110
either of the following applies: 20,111
(1) A case plan prepared and maintained for the child 20,113
pursuant to section 2151.412 of the Revised Code indicates a need 20,114
for protective day-care and the child resides with a parent, 20,115
stepparent, guardian, or another person who stands in loco 20,116
parentis as defined in rules adopted under section 5104.38 of the 20,117
Revised Code; 20,118
(2) The child and the child's caretaker either temporarily 20,120
reside in a facility providing emergency shelter for homeless 20,122
families or are determined by the county department of human 20,123
485
services to be homeless, and are otherwise ineligible for 20,124
publicly funded child day-care. 20,125
(DD) "Special needs day-care" means publicly funded child 20,127
day-care that is provided for a child who is physically or 20,128
developmentally handicapped, mentally retarded, or mentally ill. 20,129
(EE) "Federal poverty line" means the official poverty 20,131
guideline as revised annually in accordance with section 673(2) 20,132
of the "Omnibus Budget Reconciliation Act of 1981," 95 Stat. 511, 20,133
42 U.S.C. 9902, as amended, for a family size equal to the size 20,134
of the family of the person whose income is being determined. 20,135
(FF) "Child day-care resource and referral service 20,137
organization" means any community-based nonprofit organization 20,138
that does not provide child day-care and that provides child 20,139
day-care resource and referral services. 20,140
(GG) "Child day-care resource and referral services" means 20,142
all of the following services: 20,143
(1) Maintenance of a uniform data base of all child 20,145
day-care providers in the community that are in compliance with 20,146
this chapter, including current occupancy and vacancy data; 20,147
(2) Provision of individualized consumer education to 20,149
families seeking child day-care; 20,150
(3) Provision of timely referrals of available child 20,152
day-care providers to families seeking child day-care; 20,153
(4) Recruitment of child day-care providers; 20,155
(5) Coordination of training for child day-care providers 20,157
and provision of technical assistance to current and potential 20,158
child day-care providers, employers, and the community; 20,159
(6) Collection and analysis of data on the supply of and 20,161
demand for child day-care in the community; 20,162
(7) Coordination of locally, state, and federally funded 20,164
child day-care and early childhood education programs; 20,165
(8) Stimulation of employer involvement in making child 20,167
day-care more affordable, more available, safer, and of higher 20,168
quality for their employees and for the community; 20,169
486
(9) Provision of written educational materials to 20,171
caretaker parents and informational resources to child day-care 20,172
providers. 20,173
(HH) "Head start program" means a comprehensive child 20,175
development program that receives funds distributed under the 20,176
"Head Start Act," 95 Stat. 499 (1981), 42 U.S.C. 9831, as 20,177
amended. 20,178
(II) "Child care block grant act" means the "Child Care 20,180
and Development Block Grant Act of 1990," established in section 20,181
5082 of the "Omnibus Budget Reconciliation Act of 1990," 104 20,182
Stat. 1388-236 (1990), 42 U.S.C. 9858, as amended. 20,183
(JJ) "Licensed preschool program" or "licensed school 20,185
child program" means a preschool program or school child program, 20,186
as defined in section 3301.52 of the Revised Code, that is 20,187
licensed by the department of education pursuant to sections 20,188
3301.52 to 3301.59 of the Revised Code. 20,189
(KK) "Adjusted income" means adjusted gross income, as 20,191
defined in section 5747.01 of the Revised Code, minus any 20,192
adjustments allowed in rules adopted under section 5104.38 of the 20,193
Revised Code.
(LL) "State median income" means the state median income 20,195
calculated by the department of development pursuant to division 20,196
(A)(1)(g) of section 5709.61 of the Revised Code. 20,197
(MM) "Child day camp" means a program in which only school 20,199
children attend or participate, that operates for no more than 20,200
seven hours per day, that operates only during one or more public 20,201
school district's regular vacation periods or for no more than 20,202
fifteen weeks during the summer, and that operates outdoor 20,203
activities for each child who attends or participates in the 20,204
program for a minimum of fifty per cent of each day that children 20,205
attend or participate in the program, except for any day when 20,206
hazardous weather conditions prevent the program from operating 20,207
outdoor activities for a minimum of fifty per cent of that day. 20,208
For purposes of this division, the maximum seven hours of 20,209
487
operation time does not include transportation time from a 20,210
child's home to a child day camp and from a child day camp to a 20,211
child's home. 20,212
(NN) "Operate a child day camp" means to operate, 20,214
establish, manage, conduct, or maintain a child day camp. 20,215
(OO) "Approved child day camp" means a child day camp 20,217
approved pursuant to section 5104.22 of the Revised Code. 20,218
Sec. 5104.011. (A) The director of human services shall 20,227
promulgate rules pursuant to Chapter 119. of the Revised Code 20,228
governing the operation of child day-care centers, including, but 20,229
not limited to, parent cooperative centers, part-time centers, 20,230
drop-in centers, and school child centers, which rules shall 20,231
reflect the various forms of child day-care and the needs of 20,232
children receiving child day-care or publicly funded child 20,233
day-care and, no later than January 1, 1992, shall include 20,234
specific rules for school child day-care centers that are 20,235
developed in consultation with the department of education. The 20,236
rules shall not require an existing school facility that is in 20,237
compliance with applicable building codes to undergo an 20,238
additional building code inspection or to have structural 20,239
modifications. The rules shall include the following: 20,240
(1) Submission of a site plan and descriptive plan of 20,242
operation to demonstrate how the center proposes to meet the 20,243
requirements of this chapter and rules promulgated pursuant to 20,244
this chapter for the initial license application; 20,245
(2) Standards for ensuring that the physical surroundings 20,247
of the center are safe and sanitary including, but not limited 20,248
to, the physical environment, the physical plant, and the 20,249
equipment of the center; 20,250
(3) Standards for the supervision, care, and discipline of 20,252
children receiving child day-care or publicly funded child 20,253
day-care in the center; 20,254
(4) Standards for a program of activities, and for play 20,256
equipment, materials, and supplies, to enhance the development of 20,257
488
each child; however, any educational curricula, philosophies, and 20,258
methodologies that are developmentally appropriate and that 20,259
enhance the social, emotional, intellectual, and physical 20,260
development of each child shall be permissible. As used in this 20,261
division, "program" does not include instruction in religious or 20,262
moral doctrines, beliefs, or values that is conducted at child 20,263
day-care centers owned and operated by churches and does include 20,264
methods of disciplining children at child day-care centers. 20,265
(5) Admissions policies and procedures, health care 20,267
policies and procedures, including, but not limited to, 20,268
procedures for the isolation of children with communicable 20,269
diseases, first aid and emergency procedures, procedures for 20,270
discipline and supervision of children, standards for the 20,271
provision of nutritious meals and snacks, and procedures for 20,272
screening children and employees, including, but not limited to, 20,273
any necessary physical examinations and immunizations; 20,274
(6) Methods for encouraging parental participation in the 20,276
center and methods for ensuring that the rights of children, 20,277
parents, and employees are protected and that responsibilities of 20,278
parents and employees are met; 20,279
(7) Procedures for ensuring the safety and adequate 20,281
supervision of children traveling off the premises of the center 20,282
while under the care of a center employee; 20,283
(8) Procedures for record keeping, organization, and 20,285
administration; 20,286
(9) Procedures for issuing, renewing, denying, and 20,288
revoking a license that are not otherwise provided for in Chapter 20,289
119. of the Revised Code; 20,290
(10) Inspection procedures; 20,292
(11) Procedures and standards for setting initial and 20,294
renewal license application fees; 20,295
(12) Procedures for receiving, recording, and responding 20,297
to complaints about centers; 20,298
(13) Procedures for enforcing section 5104.04 of the 20,300
489
Revised Code; 20,301
(14) A standard requiring the inclusion, on and after July 20,303
1, 1987, of a current department of human services toll-free 20,304
telephone number on each center provisional license or license 20,305
which any person may use to report a suspected violation by the 20,306
center of this chapter or rules promulgated pursuant to this 20,307
chapter; 20,308
(15) Requirements for the training of administrators and 20,310
child-care staff members in first aid, in prevention, 20,311
recognition, and management of communicable diseases, and in 20,312
child abuse recognition and prevention. Training requirements 20,313
for child day-care centers adopted under this division shall be 20,314
consistent with divisions (B)(6) and (C)(1) of this section. 20,315
(16) Procedures to be used by licensees for checking the 20,317
references of potential employees of centers and procedures to be 20,318
used by the director for checking the references of applicants 20,319
for licenses to operate centers; 20,320
(17) Standards providing for the special needs of children 20,322
who are handicapped or who require treatment for health 20,323
conditions while the child is receiving child day-care or 20,324
publicly funded child day-care in the center; 20,325
(18) Any other procedures and standards necessary to carry 20,327
out this chapter. 20,328
(B)(1) The child day-care center shall have, for each 20,330
child for whom the center is licensed, at least thirty-five 20,331
square feet of usable indoor floor space wall-to-wall regularly 20,332
available for the child day-care operation exclusive of any parts 20,333
of the structure in which the care of children is prohibited by 20,334
law or by rules adopted by the board of building standards. The 20,335
minimum of thirty-five square feet of usable indoor floor space 20,336
shall not include hallways, kitchens, storage areas, or any other 20,337
areas that are not available for the care of children, as 20,338
determined by the director, in meeting the space requirement of 20,339
this division, and bathrooms shall be counted in determining 20,340
490
square footage only if they are used exclusively by children 20,341
enrolled in the center, except that the exclusion of hallways, 20,342
kitchens, storage areas, bathrooms not used exclusively by 20,343
children enrolled in the center, and any other areas not 20,344
available for the care of children from the minimum of 20,345
thirty-five square feet of usable indoor floor space shall not 20,346
apply to: 20,347
(a) Centers licensed prior to or on September 1, 1986, 20,349
that continue under licensure after that date; 20,350
(b) Centers licensed prior to or on September 1, 1986, 20,352
that are issued a new license after that date solely due to a 20,353
change of ownership of the center. 20,354
(2) The child day-care center shall have on the site a 20,356
safe outdoor play space which is enclosed by a fence or otherwise 20,357
protected from traffic or other hazards. The play space shall 20,358
contain not less than sixty square feet per child using such 20,359
space at any one time, and shall provide an opportunity for 20,360
supervised outdoor play each day in suitable weather. The 20,361
director may exempt a center from the requirement of this 20,362
division, if an outdoor play space is not available and if all of 20,363
the following are met: 20,364
(a) The center provides an indoor recreation area that has 20,366
not less than sixty square feet per child using the space at any 20,367
one time, that has a minimum of one thousand four hundred forty 20,368
square feet of space, and that is separate from the indoor space 20,369
required under division (B)(1) of this section. 20,370
(b) The director has determined that there is regularly 20,372
available and scheduled for use a conveniently accessible and 20,373
safe park, playground, or similar outdoor play area for play or 20,374
recreation. 20,375
(c) The children are closely supervised during play and 20,377
while traveling to and from the area. 20,378
The director also shall exempt from the requirement of this 20,380
division a child day-care center that was licensed prior to 20,381
491
September 1, 1986, if the center received approval from the 20,382
director prior to September 1, 1986, to use a park, playground, 20,383
or similar area, not connected with the center, for play or 20,384
recreation in lieu of the outdoor space requirements of this 20,385
section and if the children are closely supervised both during 20,386
play and while traveling to and from the area and except if the 20,387
director determines upon investigation and inspection pursuant to 20,388
section 5104.04 of the Revised Code and rules promulgated 20,389
pursuant to that section that the park, playground, or similar 20,390
area, as well as access to and from the area, is unsafe for the 20,391
children. 20,392
(3) The child day-care center shall have at least two 20,394
responsible adults available on the premises at all times when 20,395
seven or more children are in the center. The center shall 20,396
organize the children in the center in small groups, shall 20,397
provide child-care staff to give continuity of care and 20,398
supervision to the children on a day-by-day basis, and shall 20,399
ensure that no child is left alone or unsupervised. Except as 20,400
otherwise provided in division (E) of this section, the maximum 20,401
number of children per child-care staff member and maximum group 20,402
size, by age category of children, are as follows: 20,403
Maximum Number of 20,405
Children Per Maximum 20,406
Age Category Child-Care Group 20,407
of Children Staff Member Size 20,408
(a) Infants: 20,409
(i) Less than twelve 20,410
months old 5:1, or 20,411
12:2 if two 20,412
child-care 20,413
staff members 20,414
are in the room 12 20,415
(ii) At least twelve 20,416
months old, but 20,417
492
less than eighteen 20,418
months old 6:1 12 20,419
(b) Toddlers: 20,420
(i) At least eighteen 20,421
months old, but 20,422
less than thirty 20,423
months old 7:1 14 20,424
(ii) At least thirty months 20,425
old, but less than 20,426
three years old 8:1 16 20,427
(c) Pre-school PRESCHOOL 20,428
children: 20,429
(i) Three years old 12:1 24 20,430
(ii) Four years old and 20,431
five years old who 20,432
are not school 20,433
children 14:1 28 20,434
(d) School children: 20,435
(i) A child who is 20,436
enrolled in or is 20,437
eligible to be 20,438
enrolled in a grade 20,439
of kindergarten 20,440
or above, but 20,441
is less than 20,442
eleven years old 18:1 36 20,444
(ii) Eleven through fourteen 20,445
years old 20:1 40 20,446
Except as otherwise provided in division (E) of this 20,449
section, the maximum number of children per child-care staff 20,450
member and maximum group size requirements of the younger age 20,451
group shall apply when age groups are combined. 20,452
(4)(a) The child day-care center administrator shall show 20,454
the director both of the following: 20,455
493
(i) Evidence of at least high school graduation or 20,457
certification of high school equivalency by the state board of 20,458
education or the appropriate agency of another state; 20,459
(ii) Evidence of having completed at least two years of 20,461
training in an accredited college, university, or technical 20,462
college, including courses in child development or early 20,463
childhood education, or at least two years of experience in 20,464
supervising and giving daily care to children attending an 20,465
organized group program. 20,466
(b) In addition to the requirements of division (B)(4)(a) 20,468
of this section, any administrator employed or designated on or 20,469
after September 1, 1986, shall show evidence of, and any 20,470
administrator employed or designated prior to September 1, 1986, 20,471
shall show evidence within six years after such date of, at least 20,472
one of the following: 20,473
(i) Two years of experience working as a child-care staff 20,475
member in a center and at least four courses in child development 20,476
or early childhood education from an accredited college, 20,477
university, or technical college, except that a person who has 20,478
two years of experience working as a child-care staff member in a 20,479
particular center and who has been promoted to or designated as 20,480
administrator of that center shall have one year from the time 20,481
the person was promoted to or designated as administrator to 20,482
complete the required four courses; 20,483
(ii) Two years of training, including at least four 20,485
courses in child development or early childhood education from an 20,486
accredited college, university, or technical college; 20,487
(iii) A child development associate credential issued by 20,489
the national child development associate credentialing 20,490
commission; 20,491
(iv) An associate or higher degree in child development or 20,493
early childhood education from an accredited college, technical 20,494
college, or university, or a license designated for teaching in 20,495
an associate teaching position in a preschool setting issued by 20,496
494
the state board of education. 20,497
(5) All child-care staff members of a child day-care 20,499
center shall be at least eighteen years of age, and shall furnish 20,500
the director evidence of at least high school graduation or 20,501
certification of high school equivalency by the state board of 20,502
education or the appropriate agency of another state or evidence 20,503
of completion of a training program approved by the department of 20,504
human services or state board of education, except as follows: 20,505
(a) A child-care staff member may be less than eighteen 20,507
years of age if the staff member is either of the following: 20,508
(i) A graduate of a two-year vocational child-care 20,510
training program approved by the state board of education; 20,511
(ii) A student enrolled in the second year of a vocational 20,513
child-care training program approved by the state board of 20,514
education which leads to high school graduation, provided that 20,515
the student performs the student's duties in the child day-care 20,517
center under the continuous supervision of an experienced
child-care staff member, receives periodic supervision from the 20,518
vocational child-care training program teacher-coordinator in the 20,519
student's high school, and meets all other requirements of this 20,520
chapter and rules promulgated pursuant to this chapter. 20,521
(b) A child-care staff member shall be exempt from the 20,523
educational requirements of this division if the staff member: 20,525
(i) Prior to January 1, 1972, was employed or designated 20,527
by a child day-care center and has been continuously employed 20,528
since either by the same child day-care center employer or at the 20,529
same child day-care center; or 20,530
(ii) Is a student enrolled in the second year of a 20,532
vocational child-care training program approved by the state 20,533
board of education which leads to high school graduation, 20,534
provided that the student performs the student's duties in the 20,536
child day-care center under the continuous supervision of an
experienced child-care staff member, receives periodic 20,537
supervision from the vocational child-care training program 20,538
495
teacher-coordinator in the student's high school, and meets all 20,540
other requirements of this chapter and rules promulgated pursuant
to this chapter. 20,541
(6) Every child day-care staff member of a child day-care 20,543
center annually shall complete fifteen hours of inservice 20,544
training in child development or early childhood education, child 20,545
abuse recognition and prevention, first aid, and in prevention, 20,546
recognition, and management of communicable diseases, until a 20,547
total of forty-five hours of training has been completed, unless 20,548
the staff member furnishes one of the following to the director: 20,550
(a) Evidence of an associate or higher degree in child 20,552
development or early childhood education from an accredited 20,553
college, university, or technical college; 20,554
(b) A license designated for teaching in an associate 20,556
teaching position in a preschool setting issued by the state 20,557
board of education;
(c) Evidence of a child development associate credential; 20,559
(d) Evidence of a preprimary credential from the American 20,561
Montessori society or the association Montessori international. 20,562
For the purposes of division (B)(6) of this section, "hour" means 20,563
sixty minutes. 20,564
(7) The administrator of each child day-care center shall 20,566
prepare at least once annually and for each group of children at 20,567
the center a roster of names and telephone numbers of parents, 20,568
custodians, or guardians of each group of children attending the 20,569
center and upon request shall furnish the roster for each group 20,570
to the parents, custodians, or guardians of the children in that 20,571
group. The administrator may prepare a roster of names and 20,572
telephone numbers of all parents, custodians, or guardians of 20,573
children attending the center and upon request shall furnish the 20,574
roster to the parents, custodians, or guardians of the children 20,575
who attend the center. The administrator shall not include in 20,576
any roster the name or telephone number of any parent, custodian, 20,577
or guardian who requests the administrator not to include the 20,578
496
parent's, custodian's, or guardian's name or number and shall not 20,579
furnish any roster to any person other than a parent, custodian, 20,580
or guardian of a child who attends the center. 20,581
(C)(1) Each child day-care center shall have on the center 20,583
premises and readily available at all times at least one 20,584
child-care staff member who has completed a course in first aid 20,585
and in prevention, recognition, and management of communicable 20,586
diseases which is approved by the state department of health and 20,587
a staff member who has completed a course in child abuse 20,588
recognition and prevention training which is approved by the 20,589
department of human services. 20,590
(2) The administrator of each child day-care center shall 20,592
maintain enrollment, health, and attendance records for all 20,593
children attending the center and health and employment records 20,594
for all center employees. The records shall be confidential, 20,595
except as otherwise provided in division (B)(7) of this section 20,596
and except that they shall be disclosed by the administrator to 20,597
the director upon request for the purpose of administering and 20,598
enforcing this chapter and rules adopted pursuant to this 20,599
chapter. Neither the center nor the licensee, administrator, or 20,600
employees of the center shall be civilly or criminally liable in 20,601
damages or otherwise for records disclosed to the director by the 20,602
administrator pursuant to this division. It shall be a defense 20,603
to any civil or criminal charge based upon records disclosed by 20,604
the administrator to the director that the records were disclosed 20,605
pursuant to this division. 20,606
(3)(a) Any parent who is the residential parent and legal 20,608
custodian of a child enrolled in a child day-care center and any 20,609
custodian or guardian of such a child shall be permitted 20,610
unlimited access to the center during its hours of operation for 20,611
the purposes of contacting their children, evaluating the care 20,612
provided by the center, evaluating the premises of the center, or 20,613
for other purposes approved by the director. A parent of a child 20,614
enrolled in a child day-care center who is not the child's 20,615
497
residential parent shall be permitted unlimited access to the 20,616
center during its hours of operation for those purposes under the 20,617
same terms and conditions under which the residential parent of 20,618
that child is permitted access to the center for those purposes. 20,619
However, the access of the parent who is not the residential 20,620
parent is subject to any agreement between the parents and, to 20,621
the extent described in division (C)(3)(b) of this section, is 20,622
subject to any terms and conditions limiting the right of access 20,623
of the parent who is not the residential parent, as described in 20,624
division (I) of section 3109.051 of the Revised Code, that are 20,625
contained in a visitation order or decree issued under that 20,626
section, section 3109.11 or 3109.12 of the Revised Code, or any 20,627
other provision of the Revised Code. 20,628
(b) If a parent who is the residential parent of a child 20,630
has presented the administrator or the administrator's designee 20,632
with a copy of a visitation order that limits the terms and 20,633
conditions under which the parent who is not the residential 20,634
parent is to have access to the center, as described in division 20,635
(I) of section 3109.051 of the Revised Code, the parent who is 20,636
not the residential parent shall be provided access to the center 20,637
only to the extent authorized in the order. If the residential 20,638
parent has presented such an order, the parent who is not the 20,639
residential parent shall be permitted access to the center only 20,640
in accordance with the most recent order that has been presented 20,641
to the administrator or the administrator's designee by the 20,642
residential parent or the parent who is not the residential 20,643
parent.
(c) Upon entering the premises pursuant to division 20,645
(C)(3)(a) or (b) of this section, the parent who is the 20,646
residential parent and legal custodian, the parent who is not the 20,647
residential parent, or the custodian or guardian shall notify the 20,648
administrator or the administrator's designee of the parent's, 20,650
custodian's, or guardian's presence.
(D) The director of human services, in addition to the 20,652
498
rules adopted under division (A) of this section, shall adopt 20,653
rules establishing minimum requirements for child day-care 20,654
centers. The rules shall include, but not be limited to, the 20,655
requirements set forth in divisions (B) and (C) of this section. 20,656
Except as provided in section 5104.07 of the Revised Code, the 20,657
rules shall not change the square footage requirements of 20,658
division (B)(1) or (2) of this section; the maximum number of 20,659
children per child-care staff member and maximum group size 20,660
requirements of division (B)(3) of this section; the educational 20,661
and experience requirements of division (B)(4) of this section; 20,662
the age, educational, and experience requirements of division 20,663
(B)(5) of this section; the number of inservice training hours 20,664
required under division (B)(6) of this section; or the 20,665
requirement for at least annual preparation of a roster for each 20,666
group of children of names and telephone numbers of parents, 20,667
custodians, or guardians of each group of children attending the 20,668
center that must be furnished upon request to any parent, 20,669
custodian, or guardian of any child in that group required under 20,670
division (B)(7) of this section; however, the rules shall provide 20,671
procedures for determining compliance with those requirements. 20,672
(E)(1) When age groups are combined, the maximum number of 20,674
children per child-care staff member shall be determined by the 20,675
age of the youngest child in the group, except that when no more 20,676
than one child thirty months of age or older receives services in 20,677
a group in which all the other children are in the next older age 20,678
group, the maximum number of children per child-care staff member 20,679
and maximum group size requirements of the older age group 20,680
established under division (B)(3) of this section shall apply. 20,681
(2) The maximum number of toddlers or pre-school PRESCHOOL 20,683
children per child-care staff member in a room where children are 20,684
napping shall be twice the maximum number of children per 20,685
child-care staff member established under division (B)(3) of this 20,686
section if all the following criteria are met: 20,687
(a) At least one child-care staff member is present in the 20,689
499
room. 20,690
(b) Sufficient child-care staff members are on the child 20,692
day-care center premises to meet the maximum number of children 20,693
per child-care staff member requirements established under 20,694
division (B)(3) of this section. 20,695
(c) Naptime preparations are complete and all napping 20,697
children are resting or sleeping on cots. 20,698
(d) The maximum number established under division (E)(2) 20,700
of this section is in effect for no more than one and one-half 20,701
hours during a twenty-four-hour day. 20,702
(F) The director of human services shall promulgate rules 20,704
pursuant to Chapter 119. of the Revised Code governing the 20,705
operation of type A family day-care homes, including, but not 20,706
limited to, parent cooperative type A homes, part-time type A 20,707
homes, drop-in type A homes, and school child type A homes, which 20,708
shall reflect the various forms of child day-care and the needs 20,709
of children receiving child day-care. The rules shall include 20,710
the following: 20,711
(1) Submission of a site plan and descriptive plan of 20,713
operation to demonstrate how the type A home proposes to meet the 20,714
requirements of this chapter and rules promulgated pursuant to 20,715
this chapter for the initial license application; 20,716
(2) Standards for ensuring that the physical surroundings 20,718
of the type A home are safe and sanitary, including, but not 20,719
limited to, the physical environment, the physical plant, and the 20,720
equipment of the type A home; 20,721
(3) Standards for the supervision, care, and discipline of 20,723
children receiving child day-care or publicly funded child 20,724
day-care in the type A home; 20,725
(4) Standards for a program of activities, and for play 20,727
equipment, materials, and supplies, to enhance the development of 20,728
each child; however, any educational curricula, philosophies, and 20,729
methodologies that are developmentally appropriate and that 20,730
enhance the social, emotional, intellectual, and physical 20,731
500
development of each child shall be permissible; 20,732
(5) Admissions policies and procedures, health care 20,734
policies and procedures, including, but not limited to, 20,735
procedures for the isolation of children with communicable 20,736
diseases, first aid and emergency procedures, procedures for 20,737
discipline and supervision of children, standards for the 20,738
provision of nutritious meals and snacks, and procedures for 20,739
screening children and employees, including, but not limited to, 20,740
any necessary physical examinations and immunizations; 20,741
(6) Methods for encouraging parental participation in the 20,743
type A home and methods for ensuring that the rights of children, 20,744
parents, and employees are protected and that the 20,745
responsibilities of parents and employees are met; 20,746
(7) Procedures for ensuring the safety and adequate 20,748
supervision of children traveling off the premises of the type A 20,749
home while under the care of a type A home employee; 20,750
(8) Procedures for record keeping, organization, and 20,752
administration; 20,753
(9) Procedures for issuing, renewing, denying, and 20,755
revoking a license that are not otherwise provided for in Chapter 20,756
119. of the Revised Code; 20,757
(10) Inspection procedures; 20,759
(11) Procedures and standards for setting initial and 20,761
renewal license application fees; 20,762
(12) Procedures for receiving, recording, and responding 20,764
to complaints about type A homes; 20,765
(13) Procedures for enforcing section 5104.04 of the 20,767
Revised Code; 20,768
(14) A standard requiring the inclusion, on or after July 20,770
1, 1987, of a current department of human services toll-free 20,771
telephone number on each type A home provisional license or 20,772
license which any person may use to report a suspected violation 20,773
by the type A home of this chapter or rules promulgated pursuant 20,774
this chapter; 20,775
501
(15) Requirements for the training of administrators and 20,777
child-care staff members in first aid, in prevention, 20,778
recognition, and management of communicable diseases, and in 20,779
child abuse recognition and prevention; 20,780
(16) Procedures to be used by licensees for checking the 20,782
references of potential employees of type A homes and procedures 20,783
to be used by the director for checking the references of 20,784
applicants for licenses to operate type A homes; 20,785
(17) Standards providing for the special needs of children 20,787
who are handicapped or who require treatment for health 20,788
conditions while the child is receiving child day-care or 20,789
publicly funded child day-care in the type A home; 20,790
(18) Standards for the maximum number of children per 20,792
child-care staff member; 20,793
(19) Requirements for the amount of usable indoor floor 20,795
space for each child; 20,796
(20) Requirements for safe outdoor play space; 20,798
(21) Qualifications and training requirements for 20,800
administrators and for child-care staff members; 20,801
(22) Procedures for granting a parent who is the 20,803
residential parent and legal custodian, or a custodian or 20,804
guardian access to the type A home during its hours of operation; 20,805
(23) Standards for the preparation and distribution of a 20,807
roster of parents, custodians, and guardians; 20,808
(24) Any other procedures and standards necessary to carry 20,810
out this chapter. 20,811
(G) The director of human services shall promulgate rules 20,813
pursuant to Chapter 119. of the Revised Code governing the 20,814
certification of type B family day-care homes. The rules shall 20,815
include procedures, standards, and other necessary provisions for 20,816
granting limited certification to type B family day-care homes 20,817
that are operated by adult providers who provide child day-care 20,818
for eligible children who are great-grandchildren, grandchildren, 20,819
nieces, nephews, or siblings of the provider or; for eligible 20,820
502
children whose caretaker parent is a grandchild, child, niece, 20,821
nephew, or sibling of the provider; OR FOR ELIGIBLE CHILDREN ALL 20,823
OF WHOM ARE THE CHILDREN OF THE SAME CARETAKER PARENT. The rules
shall require, and shall include procedures for the director to 20,825
ensure, that type B family day-care homes that receive a limited 20,826
certification provide child day-care to children in a safe and 20,827
sanitary manner. With regard to providers who apply for limited 20,828
certification, a provider shall be granted a provisional limited 20,829
certification on signing a declaration under oath attesting that 20,830
the provider meets the standards for limited certification. Such 20,831
provisional limited certifications shall remain in effect for no 20,832
more than sixty calendar days and shall entitle the provider to 20,833
offer publicly funded child day-care during the provisional 20,834
period. Prior to the expiration of the provisional limited 20,835
certificate, a county department of human services shall inspect 20,836
the home and shall grant limited certification to the provider if 20,837
the provider meets the requirements of this division. Limited 20,838
certificates remain valid for two years unless earlier revoked. 20,839
Providers operating under limited certification shall be 20,840
inspected annually.
The rules shall provide for safeguarding the health, 20,842
safety, and welfare of children receiving child day-care or 20,843
publicly funded child day-care in a certified type B home and 20,844
shall include the following: 20,845
(1) Standards for ensuring that the type B home and the 20,847
physical surroundings of the type B home are safe and sanitary, 20,848
including, but not limited to, physical environment, physical 20,849
plant, and equipment; 20,850
(2) Standards for the supervision, care, and discipline of 20,852
children receiving child day-care or publicly funded child 20,853
day-care in the home; 20,854
(3) Standards for a program of activities, and for play 20,856
equipment, materials, and supplies to enhance the development of 20,857
each child; however, any educational curricula, philosophies, and 20,858
503
methodologies that are developmentally appropriate and that 20,859
enhance the social, emotional, intellectual, and physical 20,860
development of each child shall be permissible; 20,861
(4) Admission policies and procedures, health care, first 20,863
aid and emergency procedures, procedures for the care of sick 20,864
children, procedures for discipline and supervision of children, 20,865
nutritional standards, and procedures for screening children and 20,866
authorized providers, including, but not limited to, any 20,867
necessary physical examinations and immunizations; 20,868
(5) Methods of encouraging parental participation and 20,870
ensuring that the rights of children, parents, and authorized 20,871
providers are protected and the responsibilities of parents and 20,872
authorized providers are met; 20,873
(6) Standards for the safe transport of children when 20,875
under the care of authorized providers; 20,876
(7) Procedures for issuing, renewing, denying, refusing to 20,878
renew, or revoking certificates; 20,879
(8) Procedures for the inspection of type B family 20,881
day-care homes that require, at a minimum, that each type B 20,882
family day-care home be inspected prior to certification to 20,883
ensure that the home is safe and sanitary; 20,884
(9) Procedures for record keeping and evaluation; 20,886
(10) Procedures for receiving, recording, and responding 20,888
to complaints; 20,889
(11) Standards providing for the special needs of children 20,891
who are handicapped or who receive treatment for health 20,892
conditions while the child is receiving child day-care or 20,893
publicly funded child day-care in the type B home; 20,894
(12) Requirements for the amount of usable indoor floor 20,896
space for each child; 20,897
(13) Requirements for safe outdoor play space; 20,899
(14) Qualification and training requirements for 20,901
authorized providers; 20,902
(15) Procedures for granting a parent who is the 20,904
504
residential parent and legal custodian, or a custodian or 20,905
guardian access to the type B home during its hours of operation; 20,906
(16) Any other procedures and standards necessary to carry 20,908
out this chapter. 20,909
(H) The director shall promulgate rules pursuant to 20,911
Chapter 119. of the Revised Code governing the certification of 20,912
in-home aides. The rules shall include procedures, standards, 20,913
and other necessary provisions for granting limited certification 20,914
to in-home aides who provide child day-care for eligible children 20,915
who are great-grandchildren, grandchildren, nieces, nephews, or 20,916
siblings of the in-home aide or for eligible children whose 20,917
caretaker parent is a grandchild, child, niece, nephew, or 20,918
sibling of the in-home aide. The rules shall require, and shall 20,919
include procedures for the director to ensure, that in-home aides 20,920
that receive a limited certification provide child day-care to 20,921
children in a safe and sanitary manner. The rules shall provide 20,922
for safeguarding the health, safety, and welfare of children 20,923
receiving publicly funded child day-care in their own home and 20,924
shall include the following: 20,925
(1) Standards for ensuring that the child's home and the 20,927
physical surroundings of the child's home are safe and sanitary, 20,928
including, but not limited to, physical environment, physical 20,929
plant, and equipment; 20,930
(2) Standards for the supervision, care, and discipline of 20,932
children receiving publicly funded child day-care in their own 20,933
home; 20,934
(3) Standards for a program of activities, and for play 20,936
equipment, materials, and supplies to enhance the development of 20,937
each child; however, any educational curricula, philosophies, and 20,938
methodologies that are developmentally appropriate and that 20,939
enhance the social, emotional, intellectual, and physical 20,940
development of each child shall be permissible; 20,941
(4) Health care, first aid, and emergency procedures, 20,943
procedures for the care of sick children, procedures for 20,944
505
discipline and supervision of children, nutritional standards, 20,945
and procedures for screening children and in-home aides, 20,946
including, but not limited to, any necessary physical 20,947
examinations and immunizations; 20,948
(5) Methods of encouraging parental participation and 20,950
ensuring that the rights of children, parents, and in-home aides 20,951
are protected and the responsibilities of parents and in-home 20,952
aides are met; 20,953
(6) Standards for the safe transport of children when 20,955
under the care of in-home aides; 20,956
(7) Procedures for issuing, renewing, denying, refusing to 20,958
renew, or revoking certificates; 20,959
(8) Procedures for inspection of homes of children 20,961
receiving publicly funded child day-care in their own homes; 20,962
(9) Procedures for record keeping and evaluation; 20,964
(10) Procedures for receiving, recording, and responding 20,966
to complaints; 20,967
(11) Qualifications and training requirements for in-home 20,969
aides; 20,970
(12) Standards providing for the special needs of children 20,972
who are handicapped or who receive treatment for health 20,973
conditions while the child is receiving publicly funded child 20,974
day-care in the child's own home; 20,975
(13) Any other procedures and standards necessary to carry 20,977
out this chapter. 20,978
(I) The director of human services shall send copies of 20,980
proposed rules to each licensee and each county director of human 20,981
services and shall give public notice of hearings regarding the 20,982
rules to each licensee and each county director of human services 20,983
at least thirty days prior to the date of the public hearing, in 20,984
accordance with section 119.03 of the Revised Code. Prior to the 20,985
effective date of a rule, the director of human services shall 20,986
provide copies of the adopted rule to each licensee and each 20,987
county director of human services. 20,988
506
The county director of human services shall send copies of 20,990
proposed rules to each authorized provider and in-home aide and 20,991
shall give public notice of hearings regarding the rules to each 20,992
authorized provider and in-home aide at least thirty days prior 20,993
to the date of the public hearing, in accordance with section 20,994
119.03 of the Revised Code. Prior to the effective date of a 20,995
rule, the county director of human services shall provide copies 20,996
of the adopted rule to each authorized provider and in-home aide. 20,997
Additional copies of proposed and adopted rules shall be 20,999
made available by the director of human services to the public on 21,000
request at no charge. 21,001
(J) The director of human services shall review all rules 21,003
promulgated pursuant to this chapter at least once every seven 21,004
years. 21,005
(K) Notwithstanding any provision of the Revised Code, the 21,007
director of human services shall not regulate in any way under 21,008
this chapter or rules promulgated pursuant to this chapter, 21,009
instruction in religious or moral doctrines, beliefs, or values. 21,010
Sec. 5104.03. (A) Any person, firm, organization, 21,020
institution, or agency desiring to establish a child day-care 21,021
center or type A family day-care home shall apply for a license 21,022
to the director of human services on such form as the director 21,023
prescribes. The director shall provide at no charge to each 21,024
applicant for licensure a copy of the day-care license 21,025
requirements in Chapter 5104. of the Revised Code and of the 21,026
rules promulgated pursuant to Chapter 5104. of the Revised Code. 21,027
The director shall mail application forms for renewal of license 21,028
at least one hundred twenty days prior to the date of expiration 21,029
of the license, and the application for renewal shall be filed 21,030
with the director at least sixty days before the date of 21,031
expiration. Fees shall be set by the director pursuant to 21,032
section 5104.011 of the Revised Code and shall be paid at the 21,033
time of application for or renewal of a license to operate a 21,034
center or type A home. Fees collected under this section shall 21,035
507
be paid into the state treasury to the credit of the general 21,036
revenue fund. 21,037
(B) Upon filing of the application for a license, the 21,039
director shall investigate and inspect the center or type A home 21,040
to determine the license capacity for each age category of 21,041
children of the center or type A home and to determine whether 21,042
the center or type A home complies with Chapter 5104. of the 21,043
Revised Code and rules promulgated pursuant to Chapter 5104. of 21,044
the Revised Code. When, after investigation and inspection, the 21,045
director is satisfied that Chapter 5104. of the Revised Code and 21,046
rules promulgated pursuant to Chapter 5104. of the Revised Code 21,047
are complied with, a provisional license shall be issued as soon 21,048
as practicable in such form and manner as prescribed by the 21,049
director. The provisional license shall be valid for six months 21,050
from the date of issuance unless revoked. 21,051
(C) The director shall investigate and inspect the center 21,053
or type A home at least once during operation under the 21,054
provisional license. If after the investigation and inspection 21,055
the director determines that the requirements of Chapter 5104. of 21,056
the Revised Code and rules promulgated pursuant to Chapter 5104. 21,057
of the Revised Code are met, the director shall issue a license 21,058
to be effective for two years from the date of issuance of the 21,059
provisional license. 21,060
(D) Upon the filing of an application for renewal of a 21,062
license by the center or type A home, the director shall 21,063
investigate and inspect the center or type A home. If the 21,064
director determines that the requirements of Chapter 5104. and 21,065
rules promulgated pursuant to Chapter 5104. of the Revised Code 21,066
are met, the director shall renew the license to be effective for 21,067
two years from the expiration date of the previous license. 21,068
(E) The license or provisional license shall state the 21,070
name of the licensee, the name of the administrator, the address 21,071
of the center or type A home, and the license capacity for each 21,072
age category of children. After July 1, 1987, the provisional 21,073
508
license or license shall include thereon, in accordance with 21,074
section 5104.011 of the Revised Code, the toll-free TELEPHONE 21,075
number to be used by persons suspecting that the center or type A 21,076
home has violated a provision of Chapter 5104., or rules 21,077
promulgated pursuant to Chapter 5104. of the Revised Code. A 21,078
license or provisional license is valid only for the licensee, 21,079
administrator, address, and license capacity for each age 21,080
category of children designated on the license. The LICENSE 21,081
CAPACITY SPECIFIED ON THE LICENSE OR PROVISIONAL LICENSE IS THE 21,082
MAXIMUM NUMBER OF CHILDREN IN EACH AGE CATEGORY THAT MAY BE CARED 21,083
FOR IN THE CENTER OR TYPE A HOME AT ONE TIME. 21,084
THE center or type A home licensee shall notify the 21,087
director when the administrator of the center or home changes. 21,088
The director shall amend the current license or provisional 21,089
license to reflect a change in an administrator, if the 21,090
administrator meets the requirements of Chapter 5104. of the 21,091
Revised Code and rules promulgated pursuant to Chapter 5104. of 21,092
the Revised Code, or a change in license capacity for any age 21,093
category of children as determined by the director of human 21,094
services.
(F) If the director revokes a license or refuses to renew 21,096
a license to a center or a type A home, he THE DIRECTOR shall not 21,098
issue a license to the owner of the center or type A home within 21,099
two years from the date of the revocation of a license or refusal 21,100
to renew a license. If during the application for licensure or 21,101
renewal of licensure process the director determines that the 21,102
license of the owner has been revoked or renewal of licensure has 21,103
been denied, the investigation of the center or type A home shall 21,104
cease, and shall not constitute denial of the application. All 21,105
actions of the director with respect to licensing centers or type 21,106
A homes, renewing a license, refusal to license or renew a 21,107
license, and revocation of a license shall be in accordance with 21,108
Chapter 119. of the Revised Code. Any applicant who is denied a 21,109
license or any owner whose license is not renewed or is revoked 21,110
509
may appeal in accordance with section 119.12 of the Revised Code. 21,111
Sec. 5104.04. (A) The director DEPARTMENT of human 21,120
services shall establish procedures to be followed in 21,122
investigating, inspecting, and licensing child day-care centers 21,123
and type A family day-care homes. 21,124
(B)(1) The director DEPARTMENT shall, at least twice 21,127
during every twelve-month period of operation of a center or type 21,128
A home, inspect the center or type A home and. THE DEPARTMENT 21,129
SHALL INSPECT A PART-TIME CENTER OR PART-TIME TYPE A HOME AT 21,130
LEAST ONCE DURING EVERY TWELVE-MONTH PERIOD OF OPERATION. THE 21,131
DEPARTMENT SHALL provide a written inspection report to the 21,132
licensee within a reasonable time after each inspection. THE 21,133
LICENSEE SHALL DISPLAY ALL WRITTEN REPORTS OF INSPECTIONS 21,134
CONDUCTED DURING THE CURRENT LICENSING PERIOD IN A CONSPICUOUS
PLACE IN THE CENTER OR TYPE A HOME. 21,135
At least one inspection shall be unannounced and all 21,137
inspections may be unannounced. No person, firm, organization, 21,138
institution, or agency shall interfere with the inspection of a 21,139
center or type A home by any state or local official when he is 21,140
ENGAGED IN performing duties required of him THE STATE OR LOCAL 21,142
OFFICIAL by Chapter 5104. of the Revised Code or rules 21,144
promulgated pursuant to Chapter 5104. of the Revised Code, 21,145
including inspecting the center or type A home, reviewing 21,146
records, or interviewing licensees, employees, children, or 21,147
parents.
Upon receipt of any complaint that a center or type A home 21,149
is out of compliance with the requirements of Chapter 5104. of 21,150
the Revised Code or rules promulgated pursuant to Chapter 5104. 21,151
of the Revised Code, the director DEPARTMENT shall investigate 21,152
and may inspect a center or type A home. 21,153
(2) IF THE DEPARTMENT IMPLEMENTS AN INSTRUMENT-BASED 21,155
PROGRAM MONITORING INFORMATION SYSTEM, IT MAY USE AN INDICATOR 21,156
CHECKLIST TO COMPLY WITH DIVISION (B)(1) OF THIS SECTION. 21,157
(3) THE DEPARTMENT SHALL, AT LEAST ONCE DURING EVERY 21,159
510
TWELVE-MONTH PERIOD OF OPERATION OF A CENTER OR TYPE A HOME, 21,160
COLLECT INFORMATION CONCERNING THE AMOUNTS CHARGED BY THE CENTER 21,161
OR HOME FOR PROVIDING CHILD DAY-CARE SERVICES FOR USE IN 21,162
ESTABLISHING RATES OF REIMBURSEMENT PURSUANT TO SECTION 5104.30 21,163
OF THE REVISED CODE.
(C) In the event a licensed center or type A home is 21,165
determined to be out of compliance with the requirements of 21,166
Chapter 5104. of the Revised Code or rules promulgated pursuant 21,167
to Chapter 5104. of the Revised Code, the director DEPARTMENT 21,168
shall notify the licensee of the center or type A home in writing 21,170
regarding the nature of the violation, what must be done to 21,171
correct the violation, and by what date the correction must be 21,172
made. If the correction is not made by the date established by 21,173
the director DEPARTMENT, he THE DEPARTMENT may commence action 21,174
under Chapter 119. of the Revised Code to revoke the license. 21,177
(D) The director DEPARTMENT may deny or revoke a license, 21,179
or refuse to renew a license of a center or type A home, if the 21,181
applicant knowingly makes a false statement on the application, 21,182
does not comply with the requirements of Chapter 5104. or rules 21,183
promulgated pursuant to Chapter 5104. of the Revised Code, or has 21,184
pleaded guilty TO or been convicted of an offense described in 21,185
section 5104.09 of the Revised Code. 21,186
(E) If the director DEPARTMENT finds, after notice and 21,188
hearing pursuant to Chapter 119. of the Revised Code, that any 21,189
person, firm, organization, institution, or agency licensed under 21,190
section 5104.03 of the Revised Code is in violation of any 21,191
provision of Chapter 5104. of the Revised Code or rules 21,192
promulgated pursuant to Chapter 5104. of the Revised Code, the 21,193
director DEPARTMENT may issue an order of revocation to the 21,195
center or type A home revoking the license previously issued by 21,196
him THE DEPARTMENT. Upon the issuance of any order of 21,198
revocation, the person whose license is revoked may appeal in
accordance with section 119.12 of the Revised Code. 21,199
(F) The surrender of a center or type A home license to 21,201
511
the director DEPARTMENT or the withdrawal of an application for 21,202
licensure by the owner or administrator of the center or type A 21,204
home shall not prohibit the director DEPARTMENT from instituting 21,205
any of the actions set forth in this section. 21,207
(G) Whenever the director DEPARTMENT receives a complaint, 21,209
is advised, or otherwise has any reason to believe that a center 21,210
or type A home is providing child day-care without a license 21,211
issued or renewed pursuant to section 5104.03 and is not exempt 21,212
from licensing pursuant to section 5104.02 of the Revised Code, 21,213
he THE DEPARTMENT shall investigate the center or type A home and 21,214
may inspect the areas children have access to or areas necessary 21,215
for the care of children in the center or type A home during 21,216
suspected hours of operation to determine whether the center or 21,217
type A home is subject to the requirements of Chapter 5104. or 21,218
rules promulgated pursuant to Chapter 5104. of the Revised Code. 21,219
(H) The director DEPARTMENT, upon determining that the 21,221
center or type A home is operating without a license, shall 21,223
notify the attorney general, the prosecuting attorney of the 21,224
county in which the center or type A home is located, or the city 21,225
attorney, village solicitor, or other chief legal officer of the 21,226
municipal corporation in which the center or type A home is 21,227
located, that the center or type A home is operating without a 21,228
license. Upon receipt of the notification, the attorney general, 21,229
prosecuting attorney, city attorney, village solicitor, or other 21,230
chief legal officer of a municipal corporation shall file a 21,231
complaint in the court of common pleas of the county in which the 21,232
center or type A home is located requesting that the court grant 21,233
an order enjoining the owner from operating the center or type A 21,234
home. The court shall grant such injunctive relief upon a showing 21,235
that the respondent named in the complaint is operating a center 21,236
or type A home and is doing so without a license. 21,237
(I) THE DEPARTMENT SHALL PREPARE AN ANNUAL REPORT ON 21,239
INSPECTIONS CONDUCTED UNDER THIS SECTION. THE REPORT SHALL 21,240
INCLUDE THE NUMBER OF INSPECTIONS CONDUCTED, THE NUMBER AND TYPES 21,241
512
OF VIOLATIONS FOUND, AND THE STEPS TAKEN TO ADDRESS THE 21,242
VIOLATIONS. THE DEPARTMENT SHALL FILE THE REPORT WITH THE 21,243
GOVERNOR, THE PRESIDENT AND MINORITY LEADER OF THE SENATE, AND 21,244
THE SPEAKER AND MINORITY LEADER OF THE HOUSE OF REPRESENTATIVES
ON OR BEFORE THE FIRST DAY OF JANUARY OF EACH YEAR, BEGINNING IN 21,245
1999.
Sec. 5104.081. There is hereby created in the THE 21,254
department of human services a division of child day-care. The 21,255
division BUREAU shall administer and enforce the requirements of 21,257
this chapter and any rules adopted under it EMPLOY AT LEAST ONE 21,258
SENIOR-LEVEL FULL-TIME EMPLOYEE WHO SHALL MANAGE AND OVERSEE ALL 21,259
CHILD DAY-CARE FUNCTIONS UNDER THE AUTHORITY OF THE DEPARTMENT. 21,260
Sec. 5104.11. (A) After receipt of an application for 21,270
certification from a type B family day-care home, the county 21,271
director of human services shall inspect. If it complies with 21,273
this chapter and any applicable rules adopted under this chapter, 21,274
the county department shall certify the type B family day-care 21,275
home to provide publicly funded child day-care pursuant to this 21,276
chapter and any rules adopted under it. A THE DIRECTOR OF HUMAN 21,277
SERVICES OR A county director of human services may contract with 21,278
A GOVERNMENT ENTITY OR a private nonprofit entity for that entity 21,279
to inspect and certify type B family day-care homes pursuant to 21,280
this section. The county department of human services, 21,281
GOVERNMENT ENTITY, or nonprofit entity shall conduct the 21,283
inspection prior to the issuance of a certificate for the type B 21,284
home and, as part of that inspection, shall ensure that the type 21,285
B home is safe and sanitary. An authorized provider of a type B 21,286
family day-care home that receives a certificate pursuant to this 21,287
section to provide publicly funded child day-care is an 21,288
independent contractor and is not an employee of the county 21,289
department of human services that issues the certificate. 21,290
(B) Every person desiring to receive certification for a 21,292
type B family day-care home shall apply for certification to the 21,293
county director of human services on such forms as the director 21,294
513
of human services prescribes. The county director shall provide 21,295
at no charge to each applicant a copy of rules for certifying 21,296
type B family day-care homes adopted pursuant to this chapter. 21,297
(C) If the county director of human services determines 21,299
that the type B family day-care home complies with this chapter 21,300
and any rules adopted under it, he THE COUNTY DIRECTOR shall 21,301
issue to the provider a certificate to provide publicly funded 21,303
child day-care for twelve months. The county director may revoke 21,304
the certificate when he determines AFTER DETERMINING that 21,305
revocation is necessary. The authorized provider shall post the 21,307
certificate in a conspicuous place in the certified type B home 21,308
that is accessible to parents, custodians, or guardians at all 21,309
times. The certificate shall state the name and address of the 21,310
authorized provider, the maximum number of children who may be 21,311
cared for at any one time in the certified type B home, the 21,312
expiration date of the certification, and the name and telephone 21,313
number of the county director who issued the certificate. 21,314
(D) The county director shall inspect every certified type 21,316
B family day-care home at least twice within each twelve-month 21,317
period of the operation of the certified type B home. A minimum 21,318
of one inspection shall be unannounced and all inspections may be 21,319
unannounced. Upon receipt of a complaint, the county director 21,320
shall investigate and may inspect the certified type B home. The 21,321
authorized provider shall permit the county director to inspect 21,322
any part of the certified type B home. The county director shall 21,323
prepare a written inspection report and furnish one copy to the 21,324
authorized provider within a reasonable time after the 21,325
inspection. 21,326
(E) The county director of human services, in accordance 21,328
with rules adopted pursuant to section 5104.052 of the Revised 21,329
Code regarding fire safety and fire prevention, shall inspect 21,330
each type B home that applies to be certified that is providing 21,331
or is to provide publicly funded child day-care. 21,332
(F) All materials that are supplied by the department of 21,334
514
human services to type A family day-care home providers, type B 21,335
family day-care home providers, in-home aides, persons who desire 21,336
to be type A family day-care home providers, type B family 21,337
day-care home providers, or in-home aides, and caretaker parents 21,338
shall be written at no higher than the sixth grade reading level. 21,339
The department may employ a readability expert to verify its 21,340
compliance with this division. 21,341
Sec. 5104.13. NO LATER THAN JULY 1, 1998, AND AT 21,343
REASONABLE INTERVALS THEREAFTER, THE DEPARTMENT OF HUMAN SERVICES 21,344
SHALL PUBLISH A GUIDE DESCRIBING STATE STATUTES AND RULES 21,345
GOVERNING THE CERTIFICATION OF TYPE B FAMILY DAY-CARE HOMES. THE 21,346
DEPARTMENT SHALL DISTRIBUTE THE GUIDE TO COUNTY DEPARTMENTS OF 21,347
HUMAN SERVICES IN SUFFICIENT NUMBER THAT A COPY IS AVAILABLE TO 21,348
EACH TYPE B HOME PROVIDER.
Sec. 5104.30. (A) The department of human services is 21,357
hereby designated as the state agency responsible for 21,358
administration and coordination of federal and state funding for 21,359
publicly funded child day-care in this state. The PUBLICLY 21,360
FUNDED CHILD DAY-CARE SHALL BE PROVIDED TO THE FOLLOWING: 21,361
(1) RECIPIENTS OF TRANSITIONAL CHILD DAY-CARE AS PROVIDED 21,363
UNDER SECTION 5104.34 OF THE REVISED CODE; 21,364
(2) PARTICIPANTS IN THE WORK COMPONENT OF THE OHIO WORKS 21,367
FIRST PROGRAM ESTABLISHED UNDER CHAPTER 5107. OF THE REVISED
CODE;
(3) SUBJECT TO AVAILABLE FUNDS, OTHER INDIVIDUALS 21,369
DETERMINED ELIGIBLE IN ACCORDANCE WITH RULES ADOPTED UNDER 21,370
SECTION 5104.38 OF THE REVISED CODE.
THE department shall apply to the United States department 21,373
of health and human services for authority to operate a 21,374
coordinated program for publicly funded child day-care, if the 21,375
director of human services determines that the application is 21,376
necessary. For purposes of this section, the department of human 21,377
services may enter into agreements with other state agencies that 21,378
are involved in regulation or funding of child day-care. The 21,379
515
department shall consider the special needs of migrant workers 21,380
when it administers and coordinates publicly funded child 21,381
day-care and shall develop appropriate procedures for 21,382
accommodating the needs of migrant workers for publicly funded 21,383
child day-care.
(B) The department of human services shall distribute 21,385
state and federal funds for publicly funded child day-care, 21,386
including appropriations of state funds for publicly funded child 21,387
day-care and appropriations of federal funds for publicly funded 21,388
child day-care under Title IV-A of the "Social Security Act," 49 21,389
Stat. 627 (1935), 42 U.S.C.A. 601, as amended, Title XX of the 21,390
"Social Security Act," 88 Stat. 2337 (1974), 42 U.S.C.A. 1397, as 21,391
amended, the "Family Support Act of 1988," 102 Stat. 2343, 42 21,392
U.S.C.A. 1305 note, as amended, section 5081 of the "Omnibus 21,393
Budget Reconciliation Act of 1990," 104 Stat. 1388-233, 42 U.S.C. 21,394
602(i), as amended, and the child care block grant act. The 21,395
department may use any state funds appropriated for publicly 21,396
funded child day-care as the state share required to match any 21,397
federal funds appropriated for publicly funded child day-care. 21,398
(C) The department may use federal funds available under 21,400
the child care block grant act to hire staff to prepare any rules 21,401
required under this chapter and to administer and coordinate 21,402
federal and state funding for publicly funded child day-care. In 21,403
accordance with the applicable provisions of sections 21,404
658(E)(c)(3)(C), (G), and (H) of the child care block grant act, 21,405
42 U.S.C. 9858(c)(c)(3)(C), (e), and (f), the department shall 21,406
allocate and use at least twenty-five per cent of those federal 21,407
funds for a program of grants and loans that are distributed upon 21,408
application for proposals to improve the quality, and increase 21,409
the supply, of child day-care and to provide before school, after 21,410
school, and early childhood development services, shall use not 21,411
less than seventy-five per cent of the twenty-five per cent 21,412
allocated for the grant and loan program to establish or to 21,413
expand and conduct, through grants or contracts, early childhood 21,414
516
development programs or before school and after school child 21,415
day-care programs, and shall use not less than twenty per cent of 21,416
the twenty-five per cent allocated for the grant and loan program 21,417
for child day-care resource and referral services, for grants and 21,418
loans to assist providers of child day-care in meeting the 21,419
requirements of this chapter, to monitor compliance with this 21,420
chapter, to provide training and technical assistance relative to 21,421
child day-care, and to improve compensation paid to child 21,422
day-care staff.
The department shall establish procedures for requesting 21,424
proposals and awarding grants under this division for expanding 21,425
and conducting early childhood development programs or before 21,426
school and after school child day-care programs. Each county may 21,427
submit only one coordinated proposal. The proposal shall include 21,428
a community needs assessment and evidence of broad community 21,429
participation in the proposal's development. The proposal may 21,430
provide that funds are to be divided among several child care 21,431
programs or prospective child care programs. At minimum, the 21,432
county coordinated proposal shall be endorsed by a majority of 21,433
the following: the director of the county department of human 21,434
services, the superintendents of school districts in which the 21,435
programs are proposed, the head start programs in the county, and 21,436
the child day-care resource and referral service organizations 21,437
serving the county. NOT MORE THAN FIVE PER CENT OF THE AGGREGATE 21,439
AMOUNT OF THOSE FEDERAL FUNDS RECEIVED FOR A FISCAL YEAR MAY BE
EXPENDED FOR ADMINISTRATIVE COSTS. THE DEPARTMENT SHALL ALLOCATE 21,440
AND USE AT LEAST FOUR PER CENT OF THE FEDERAL FUNDS FOR THE 21,441
FOLLOWING:
(1) ACTIVITIES DESIGNED TO PROVIDE COMPREHENSIVE CONSUMER 21,443
EDUCATION TO PARENTS AND THE PUBLIC; 21,444
(2) ACTIVITIES THAT INCREASE PARENTAL CHOICE; 21,446
(3) ACTIVITIES, INCLUDING CHILD DAY-CARE RESOURCE AND 21,448
REFERRAL SERVICES, DESIGNED TO IMPROVE THE QUALITY, AND INCREASE 21,449
THE SUPPLY, OF CHILD DAY-CARE.
517
(D) The department shall ensure that any federal funds 21,451
received by the state under the child care block grant act will 21,452
be used only to supplement, and will not be used to supplant, 21,453
federal, state, and local funds available on the effective date 21,454
of that act for publicly funded child day-care and related 21,455
programs. A county department of human services may purchase 21,456
child day-care from funds obtained through any other means. 21,457
(E) The department shall encourage the development of 21,459
suitable child day-care throughout the state, especially in areas 21,460
with high concentrations of recipients of public assistance and 21,461
families with low adjusted incomes. The department shall 21,462
encourage the development of suitable child day-care designed to 21,463
accommodate the special needs of migrant workers. On request, 21,464
the department, through its employees or contracts with state or 21,465
community child day-care resource and referral service 21,466
organizations, shall provide consultation to groups and 21,467
individuals interested in developing child day-care. The 21,468
department of human services may enter into interagency 21,469
agreements with the department of education, the board of 21,470
regents, the department of development, and other state agencies 21,471
and entities whenever the cooperative efforts of the other state 21,472
agencies and entities are necessary for the department of human 21,473
services to fulfill its duties and responsibilities under this 21,474
chapter. 21,475
THE DEPARTMENT MAY DEVELOP AND MAINTAIN A REGISTRY OF 21,477
PERSONS PROVIDING CHILD DAY-CARE AND MAY ADOPT RULES PURSUANT TO 21,478
CHAPTER 119. OF THE REVISED CODE ESTABLISHING PROCEDURES AND 21,479
REQUIREMENTS FOR ITS ADMINISTRATION.
(F) Based upon the market rate surveys it conducts in 21,481
accordance with rules adopted under Chapter 119. of the Revised 21,482
Code, the department of human services shall establish a maximum 21,483
rate of assistance that it will reimburse county departments of 21,484
human services for payments made to a child day-care center, type 21,485
A family day-care home, certified type B family day-care home, 21,486
518
certified in-home aide, approved child day camp, licensed school 21,487
child program, or licensed preschool program, which rate of 21,488
assistance may include a specific maximum rate for child day-care 21,489
that meets the performance standards of the "Head Start Act," 95 21,490
Stat. 499, 42 U.S.C. 9831 (1981), as amended, or that is 21,491
accredited by a nationally recognized early childhood education 21,492
or child care organization that provides on-site peer review and 21,493
has written standards exceeding the child day-care licensing 21,494
standards of this state that are reviewed periodically by its 21,495
members. If the department chooses to include a specific maximum 21,496
rate for child day-care received from providers accredited by 21,497
nationally recognized organizations, the department may annually 21,498
compile and publish a list of the organizations that qualify as 21,499
such accrediting organizations under this division. The 21,500
department may adopt rules regarding specific maximum rates, but 21,501
shall not implement them prior to July 1, 1992. The department 21,502
shall use the rate adopted for day-care of school children during 21,503
vacation hours when determining the maximum rate of assistance 21,504
that it will reimburse county departments of human services for 21,505
payments made to an approved child day camp. 21,506
The maximum rate may be waived by the department upon the 21,508
request of a county department of human services for an increase 21,509
in the rate of assistance based on the special needs of a child, 21,510
the special circumstances of a family, or unique child day-care 21,511
market conditions. The maximum rate may vary from county to 21,512
county according to variations in the cost of their services. 21,513
(G) The department shall adopt rules in accordance with 21,515
Chapter 119. of the Revised Code establishing A PROCEDURE FOR 21,516
DETERMINING RATES OF REIMBURSEMENT AND a procedure for paying 21,517
providers of publicly funded child day-care. IN ESTABLISHING 21,518
RATES OF REIMBURSEMENT PURSUANT TO THIS DIVISION, THE DEPARTMENT 21,519
SHALL USE THE INFORMATION OBTAINED UNDER DIVISION (B)(3) OF 21,520
SECTION 5104.04 OF THE REVISED CODE AND MAY ESTABLISH DIFFERENT 21,521
RATES OF REIMBURSEMENT BASED ON THE GEOGRAPHIC LOCATION OF THE
519
PROVIDER, TYPE OF CARE PROVIDED, AGE OF THE CHILD SERVED, SPECIAL 21,522
NEEDS OF THE CHILD, WHETHER EXPANDED HOURS OF SERVICE ARE 21,523
PROVIDED, WHETHER WEEKEND SERVICE IS PROVIDED, WHETHER THE 21,524
PROVIDER HAS EXCEEDED THE MINIMUM REQUIREMENTS OF STATE STATUTES 21,525
AND RULES GOVERNING CHILD DAY-CARE, AND ANY OTHER FACTORS THE 21,526
DEPARTMENT CONSIDERS APPROPRIATE.
Sec. 5104.301. A COUNTY DEPARTMENT OF HUMAN SERVICES MAY 21,528
ESTABLISH A PROGRAM TO ENCOURAGE THE ORGANIZATION OF PARENT 21,529
COOPERATIVE CHILD DAY-CARE CENTERS AND PARENT COOPERATIVE TYPE A 21,531
FAMILY DAY-CARE HOMES FOR RECIPIENTS OF PUBLICLY FUNDED CHILD 21,532
DAY-CARE. A PROGRAM ESTABLISHED UNDER THIS SECTION MAY INCLUDE 21,533
ANY OF THE FOLLOWING: 21,534
(A) RECRUITMENT OF PARENTS INTERESTED IN ORGANIZING A 21,537
PARENT COOPERATIVE CHILD DAY-CARE CENTER OR PARENT COOPERATIVE 21,538
TYPE A FAMILY DAY-CARE HOME; 21,539
(B) PROVISION OF TECHNICAL ASSISTANCE IN ORGANIZING A 21,542
PARENT COOPERATIVE CHILD DAY-CARE CENTER OR PARENT COOPERATIVE 21,543
TYPE A FAMILY DAY-CARE HOME; 21,544
(C) ASSISTANCE IN THE DEVELOPING, CONDUCTING, AND 21,547
DISSEMINATING TRAINING FOR PARENTS INTERESTED IN ORGANIZING A 21,548
PARENT COOPERATIVE CHILD DAY-CARE CENTER OR PARENT COOPERATIVE 21,549
TYPE A FAMILY DAY-CARE HOME. 21,550
A COUNTY DEPARTMENT THAT IMPLEMENTS A PROGRAM UNDER THIS 21,552
SECTION SHALL RECEIVE FROM THE STATE FUNDS APPROPRIATED FOR THE 21,554
OHIO WORKS FIRST PROGRAM ESTABLISHED UNDER CHAPTER 5107. OF THE 21,556
REVISED CODE A FIVE THOUSAND DOLLAR INCENTIVE PAYMENT FOR EACH 21,558
PARENT COOPERATIVE CHILD DAY-CARE CENTER OR PARENT COOPERATIVE 21,559
TYPE A FAMILY DAY-CARE HOME ORGANIZED PURSUANT TO THIS SECTION. 21,561
PARENTS OF CHILDREN ENROLLED IN A PARENT COOPERATIVE CHILD 21,563
DAY-CARE CENTER OR PARENT COOPERATIVE TYPE A FAMILY DAY-CARE HOME 21,565
PURSUANT TO THIS SECTION SHALL BE REQUIRED TO WORK IN THE CENTER 21,566
OR HOME A MINIMUM OF FOUR HOURS PER WEEK. THE DEPARTMENT OF 21,567
HUMAN SERVICES SHALL INCREASE THE CASH ASSISTANCE PAYMENT 21,568
PROVIDED UNDER THE WORK COMPONENT OF THE OHIO WORKS FIRST PROGRAM 21,570
520
ESTABLISHED UNDER CHAPTER 5107. OF THE REVISED CODE TO AN 21,573
ASSISTANCE GROUP THAT PARTICIPATES IN A PARENT COOPERATIVE CHILD 21,574
DAY-CARE CENTER OR PARENT COOPERATIVE TYPE A FAMILY DAY-CARE HOME 21,576
PURSUANT TO THIS SECTION BY TWENTY-FIVE CENTS PER CHILD FOR EACH 21,578
HOUR THAT THE CHILD RECEIVES PUBLICLY FUNDED CHILD DAY-CARE IN 21,579
THE CENTER OR HOME. THE INCREASE UNDER THIS SECTION SHALL OCCUR 21,580
REGARDLESS OF WHETHER THE INCREASE RESULTS IN A CASH ASSISTANCE 21,581
PAYMENT THAT IS GREATER THAN THE PAYMENT STANDARD AS DEFINED IN 21,582
SECTION 5107.02 OF THE REVISED CODE. 21,584
THE DEPARTMENT OF HUMAN SERVICES SHALL ADOPT RULES 21,586
GOVERNING THE ESTABLISHMENT AND OPERATION OF PROGRAMS UNDER THIS 21,587
SECTION. 21,588
Sec. 5104.31. Publicly funded child day-care may be 21,597
provided only by a child day-care center or type A family 21,599
day-care home, INCLUDING A PARENT COOPERATIVE CHILD DAY-CARE 21,600
CENTER OR PARENT COOPERATIVE TYPE A FAMILY DAY-CARE HOME, 21,601
licensed by the department of human services pursuant to section 21,603
5104.03 of the Revised Code, a type B family day-care home 21,605
certified by the county department of human services pursuant to 21,606
section 5104.11 of the Revised Code, an in-home aide who has been 21,607
certified by the county department of human services pursuant to 21,609
section 5104.12 of the Revised Code, a child day camp approved 21,611
pursuant to section 5104.22 of the Revised Code, a licensed 21,613
preschool program, or a licensed school child program. 21,614
Sec. 5104.32. (A) Except as provided in divisions 21,623
DIVISION (C) and (D) of this section, all purchases of publicly 21,624
funded child day-care shall be made under a contract entered into 21,625
by a licensed child day-care center, licensed type A family 21,626
day-care home, certified type B family day-care home, certified 21,627
in-home aide, approved child day camp, licensed preschool 21,628
program, or licensed school child program and the county 21,629
department of human services. A county department of human 21,630
services may enter into a contract with a provider for publicly 21,631
funded child day-care for a specified period of time or upon a 21,632
521
continuous basis for an unspecified period of time. All 21,633
contracts for publicly funded child day-care shall be contingent 21,634
upon the availability of state and federal funds. The department 21,635
of human services shall prescribe a standard form to be used for 21,636
all contracts for the purchase of publicly funded child day-care, 21,637
regardless of the source of public funds used to purchase the 21,638
child day-care. To the extent permitted by federal law and 21,639
notwithstanding any other provision of the Revised Code that 21,640
regulates state or county contracts or contracts involving the 21,641
expenditure of state, county, or federal funds, all contracts for 21,642
publicly funded child day-care shall be entered into in 21,643
accordance with the provisions of this chapter and are exempt 21,644
from any other provision of the Revised Code that regulates state 21,645
or county contracts or contracts involving the expenditure of 21,646
state, county, or federal funds. 21,647
(B) Each contract for publicly funded child day-care shall 21,649
specify at least the following: 21,650
(1) That the provider of publicly funded child day-care 21,652
agrees to be paid for rendering services at the lower of the rate 21,653
customarily charged by the provider for children enrolled for 21,654
child day-care or the maximum rate of assistance established 21,655
under section 5104.30 of the Revised Code RATE OF REIMBURSEMENT 21,656
ESTABLISHED PURSUANT TO SECTION 5104.30 OF THE REVISED CODE; 21,657
(2) That, if a provider provides child day-care to an 21,659
individual potentially eligible for publicly funded child 21,660
day-care who is subsequently determined to be eligible, the 21,661
county department agrees to pay for all child day-care provided 21,662
between the date the county department receives the individual's 21,663
completed application and the date the individual's eligibility 21,664
is determined; 21,665
(3) Whether the county department of human services, the 21,667
provider, or a child day-care resource and referral service 21,668
organization will make eligibility determinations, whether the 21,669
provider or a child day-care resource and referral service 21,670
522
organization will be required to collect information to be used 21,671
by the county department to make eligibility determinations, and 21,672
the time period within which the provider or child day-care 21,673
resource and referral service organization is required to 21,674
complete required eligibility determinations or to transmit to 21,675
the county department any information collected for the purpose 21,676
of making eligibility determinations; 21,677
(4) That the provider shall continue to be licensed, 21,679
approved, or certified pursuant to this chapter or sections 21,680
3301.52 to 3301.59 of the Revised Code and shall comply with all 21,681
standards and other requirements in this chapter and those 21,682
sections and in rules adopted pursuant to this chapter or those 21,683
sections for maintaining the provider's license, approval, or 21,684
certification; 21,685
(5) Whether the provider will be paid by the county 21,687
department of human services or the state department of human 21,688
services; 21,689
(6) That the contract is subject to the availability of 21,691
state and federal funds. 21,692
(C) Unless specifically prohibited by federal law, the 21,694
county department of human services shall give individuals 21,695
eligible for publicly funded child day-care the option of 21,696
obtaining certificates for payment that the individual may use to 21,697
purchase services from any provider qualified to provide publicly 21,698
funded child day-care under section 5104.31 of the Revised Code. 21,699
Providers of publicly funded child day-care may present these 21,700
certificates for payment for reimbursement in accordance with 21,701
rules that the department of human services shall adopt. Only 21,702
providers may receive reimbursement for certificates for payment. 21,703
The value of the certificate for payment shall be based on the 21,704
lower of the rate customarily charged by the provider or the 21,705
maximum rate of assistance established under section 5104.30 of 21,706
the Revised Code RATE OF REIMBURSEMENT ESTABLISHED PURSUANT TO 21,707
SECTION 5104.30 OF THE REVISED CODE. The county department may 21,709
523
provide the certificates for payment to the individuals or may 21,710
contract with child day-care providers or child day-care resource 21,711
and referral service organizations that make determinations of 21,712
eligibility for publicly funded child day-care pursuant to 21,713
contracts entered into under section 5104.34 of the Revised Code 21,714
for the providers or resource and referral service organizations 21,715
to provide the certificates for payment to individuals whom they 21,716
determine are eligible for publicly funded child day-care. 21,717
(D) As used in this division, "transitional child 21,719
day-care" means the child day-care provided in accordance with 21,720
Title IV-A of the "Social Security Act," 49 Stat. 627 (1935), 42 21,721
U.S.C. 602(g), as amended, for a period of twelve months, to a 21,722
family that has ceased to receive assistance under Chapter 5107. 21,723
of the Revised Code due to employment. 21,724
Families eligible for retroactive transitional child 21,726
day-care may be reimbursed directly for the cost of child 21,727
day-care provided during the family's period of eligibility for 21,728
transitional child day-care. 21,729
Sec. 5104.34. (A)(1) Each county department of human 21,738
services shall implement procedures for making determinations of 21,739
eligibility for publicly funded child day-care. Under those 21,740
procedures, the eligibility determination for each applicant 21,741
shall be made no later than thirty calendar days from the date 21,742
the county department receives a completed application for 21,743
publicly funded child day-care. Each applicant shall be notified 21,744
promptly of the results of the eligibility determination. An 21,745
applicant aggrieved by a decision or delay in making an 21,746
eligibility determination may appeal the decision or delay to the 21,747
department of human services in accordance with section 5101.35 21,748
of the Revised Code. The due process rights of applicants shall 21,749
be protected. 21,750
To the extent permitted by federal law, the county 21,752
department may make all determinations of eligibility for 21,753
publicly funded child day-care, may contract with child day-care 21,754
524
providers or child day-care resource and referral service 21,755
organizations for the providers or resource and referral service 21,756
organizations to make all or any part of the determinations, and 21,757
may contract with child day-care providers or child day-care 21,758
resource and referral service organizations for the providers or 21,759
resource and referral service organizations to collect specified 21,760
information for use by the county department in making 21,761
determinations. If a county department contracts with a child 21,762
day-care provider or a child day-care resource and referral 21,763
service organization for eligibility determinations or for the 21,764
collection of information, the contract shall require the 21,765
provider or resource and referral service organization to make 21,766
each eligibility determination no later than thirty calendar days 21,767
from the date the provider or resource and referral organization 21,768
receives a completed application that is the basis of the 21,769
determination and to collect and transmit all necessary 21,770
information to the county department within a period of time that 21,771
enables the county department to make each eligibility 21,772
determination no later than thirty days after the filing of the 21,773
application that is the basis of the determination. 21,774
The county department may station employees of the 21,776
department in various locations throughout the county and may 21,777
assign employees of the department to hours of employment outside 21,778
the normal working hours of the department to collect information 21,779
relevant to applications for publicly funded child day-care and 21,780
to make eligibility determinations. The county department, child 21,781
day-care provider, and child day-care resource and referral 21,782
service organization shall make each determination of eligibility 21,783
for publicly funded child day-care no later than thirty days 21,784
after the filing of the application that is the basis of the 21,785
determination, shall make each determination in accordance with 21,786
any relevant rules adopted pursuant to section 5104.38 of the 21,787
Revised Code, and shall notify promptly each applicant for 21,788
publicly funded child day-care of the results of the 21,789
525
determination of the applicant's eligibility. 21,790
On or before October 1, 1991, the department of human 21,792
services shall adopt rules in accordance with Chapter 119. of the 21,793
Revised Code for monitoring the eligibility determination 21,794
process. In accordance with those rules, the state department 21,795
shall monitor eligibility determinations made by county 21,796
departments of human services and shall direct any entity that is 21,797
not in compliance with this division or any rule adopted under 21,798
this division to implement corrective action specified by the 21,799
department. 21,800
(2) FOR AN APPLICANT TO BE ELIGIBLE FOR PUBLICLY FUNDED 21,802
CHILD DAY-CARE, THE CARETAKER PARENT MUST BE EMPLOYED OR 21,803
PARTICIPATING IN A PROGRAM OF EDUCATION OR TRAINING FOR AN AMOUNT 21,804
OF TIME REASONABLY RELATED TO THE TIME THAT THE PARENT'S CHILDREN 21,805
ARE RECEIVING PUBLICLY FUNDED CHILD DAY-CARE. THIS RESTRICTION 21,806
DOES NOT APPLY TO FAMILIES WHOSE CHILDREN ARE ELIGIBLE FOR
PROTECTIVE OR SPECIAL NEEDS DAY-CARE. All eligibility 21,807
determinations for publicly funded child day-care shall be made 21,809
in accordance with rules adopted by the department of human 21,810
services pursuant to division (A) of section 5104.38 of the 21,811
Revised Code.
Families eligible for transitional child day-care, as 21,813
defined in division (D) of section 5104.32 of the Revised Code, 21,814
may be eligible for retroactive transitional child day-care 21,815
benefits, reimbursement of costs for child day-care provided 21,816
during the family's period of eligibility for transitional child 21,817
day-care, or both. 21,818
(3) AN ASSISTANCE GROUP THAT CEASES TO PARTICIPATE IN THE 21,820
WORK COMPONENT OF THE OHIO WORKS FIRST PROGRAM ESTABLISHED UNDER 21,822
CHAPTER 5107. OF THE REVISED CODE IS ELIGIBLE FOR TRANSITIONAL
CHILD DAY-CARE AT ANY TIME DURING THE IMMEDIATELY FOLLOWING 21,823
TWELVE-MONTH PERIOD THAT BOTH OF THE FOLLOWING APPLY: 21,824
(a) THE ASSISTANCE GROUP REQUIRES CHILD DAY-CARE DUE TO 21,826
EMPLOYMENT; 21,827
526
(b) THE ASSISTANCE GROUP'S INCOME IS NOT MORE THAN ONE 21,829
HUNDRED FIFTY PER CENT OF THE FEDERAL POVERTY LINE. 21,830
AN ASSISTANCE GROUP INELIGIBLE FOR ASSISTANCE UNDER THE 21,832
WORK COMPONENT PURSUANT TO SECTION 5107.17 OR SECTION 5107.21 OF 21,833
THE REVISED CODE IS NOT ELIGIBLE FOR TRANSITIONAL CHILD DAY-CARE. 21,835
(B) To the extent permitted by federal law, a county 21,837
department of human services may require a caretaker parent 21,838
determined to be eligible for publicly funded child day-care to 21,839
pay a fee according to the schedule of fees established in rules 21,840
adopted under section 5104.38 of the Revised Code, except that a 21,841
county department shall not require any caretaker parent to pay a 21,842
fee for protective day-care. Each county department shall make 21,843
protective day-care services available to children without regard 21,844
to the adjusted income or assets of the caretaker parent of the 21,846
child.
(C) A caretaker parent receiving publicly funded child 21,848
day-care shall report to the entity that determined eligibility 21,850
any changes in status with respect to employment or participation 21,851
in a program of education or training.
Sec. 5104.38. In addition to any other rules adopted under 21,860
this chapter, the department of human services shall adopt rules 21,861
in accordance with Chapter 119. of the Revised Code that 21,862
establish GOVERNING FINANCIAL AND ADMINISTRATIVE REQUIREMENTS FOR 21,864
PUBLICLY FUNDED CHILD DAY-CARE AND ESTABLISHING all of the 21,865
following:
(A) Procedures and criteria to be used in making 21,867
determinations of eligibility for publicly funded child day-care 21,868
that give priority to children of families with lower adjusted 21,869
incomes, including any amounts to be deducted from adjusted gross 21,870
income for the purpose of determining adjusted income and 21,871
procedures and criteria for eligibility for publicly funded 21,872
protective day-care;. THE RULES SHALL SPECIFY THE MAXIMUM AMOUNT 21,873
OF INCOME A FAMILY MAY HAVE FOR INITIAL ELIGIBILITY AND ALLOW A 21,874
FAMILY TO CONTINUE TO RECEIVE PUBLICLY FUNDED CHILD DAY-CARE 21,875
527
UNTIL THE FAMILY'S INCOME EXCEEDS ONE HUNDRED FIFTY PER CENT OF 21,876
THE FEDERAL POVERTY LINE.
INITIAL AND CONTINUED ELIGIBILITY FOR PUBLICLY FUNDED CHILD 21,878
DAY-CARE IS SUBJECT TO AVAILABLE FUNDS IF THE FAMILY IS NOT 21,879
RECEIVING TRANSITIONAL CHILD DAY-CARE AS PROVIDED UNDER SECTION 21,880
5104.34 OF THE REVISED CODE OR PARTICIPATING IN THE WORK
COMPONENT OF THE OHIO WORKS FIRST PROGRAM ESTABLISHED UNDER 21,882
CHAPTER 5107. OF THE REVISED CODE. IF THE DEPARTMENT MUST LIMIT
ELIGIBILITY DUE TO LACK OF AVAILABLE FUNDS, IT SHALL GIVE FIRST 21,883
PRIORITY FOR PUBLICLY FUNDED CHILD DAY-CARE TO AN ASSISTANCE 21,884
GROUP WHOSE INCOME IS NOT MORE THAN ONE HUNDRED FIFTY PER CENT OF 21,885
THE FEDERAL POVERTY LINE THAT RECEIVED TRANSITIONAL CHILD 21,886
DAY-CARE IN THE PREVIOUS MONTH BUT IS NO LONGER ELIGIBLE BECAUSE
THE TWELVE-MONTH PERIOD HAS EXPIRED. SUCH AN ASSISTANCE GROUP 21,887
SHALL CONTINUE TO RECEIVE PRIORITY FOR PUBLICLY FUNDED CHILD 21,888
DAY-CARE UNTIL ITS INCOME EXCEEDS ONE HUNDRED FIFTY PER CENT OF 21,889
THE FEDERAL POVERTY LINE.
(B) A schedule of fees requiring any or all eligible 21,891
caretaker parents to pay a fee for publicly funded child day-care 21,892
according to adjusted income and family size, which schedule of 21,894
fees shall be uniform for all types of publicly funded child 21,895
day-care, shall not apply to caretaker parents whose children 21,896
receive protective day-care EXCEPT AS AUTHORIZED BY RULE, and, to 21,897
the extent permitted by federal law, shall permit the use of 21,898
state and federal funds to pay the customary deposits and other 21,899
advance payments that a provider charges all children who receive 21,900
child day-care from that provider; 21,901
(C) A formula based upon a percentage of the county's 21,903
total expenditures for publicly funded child day-care for 21,904
determining the maximum amount of state and federal funds 21,905
appropriated for publicly funded child day-care that a county 21,906
department may use for administrative purposes; a definition of 21,907
administrative purposes that specifies that recruiting child 21,908
day-care providers, providing child day-care resource and 21,909
528
referral services through a nonprofit organization or a county 21,910
department of human services, certifying child day-care 21,911
providers, and providing technical assistance training are not 21,912
administrative purposes; a formula for allocating, during the 21,913
first year after July 22, 1991, state and federal funds available 21,914
for publicly funded child day-care to county departments of human 21,915
services to begin to recruit and certify type B family child 21,916
day-care homes, which formula is based upon the same criteria as 21,917
are used to determine state allotments under section 658(O)(b) of 21,918
the child care block grant act, 42 U.S.C. 9858(m)(b); and a 21,919
formula for allocating, after that first year, state and federal 21,920
funds available for publicly funded child day-care to county 21,921
departments for those purposes upon the basis of the number of 21,922
children receiving publicly funded child day-care in type B 21,923
family day-care homes and other performance related standards; 21,924
(D) Procedures to be followed by the department and county 21,926
departments in recruiting individuals and groups to become 21,927
providers of child day-care; 21,928
(E) Procedures to be followed in establishing state or 21,930
local programs designed to assist individuals who are eligible 21,931
for publicly funded child day-care in identifying the resources 21,932
available to them and to refer the individuals to appropriate 21,933
sources to obtain child day-care; 21,934
(F) Procedures to deal with fraud and abuse committed by 21,936
either recipients or providers of publicly funded child day-care; 21,937
(G) Procedures for establishing a child day-care grant or 21,939
loan program in accordance with the child care block grant act; 21,940
(H) Standards and procedures for applicants to apply for 21,942
grants and loans, and for the department to make grants and 21,944
loans, under the grant and loan program established pursuant to
division (C) of section 5104.30 of the Revised Code; 21,945
(I) A definition of "person who stands in loco parentis" 21,947
for the purposes of division (CC)(HH)(1) of section 5104.01 of 21,949
the Revised Code;
529
(J) Any other rules necessary to carry out sections 21,951
5104.30 to 5104.39 of the Revised Code. 21,952
Sec. 5104.39. (A) The state department of human services 21,961
shall adopt rules in accordance with Chapter 119. of the Revised 21,962
Code establishing a procedure for monitoring the expenditures of 21,963
county departments of human services to ensure that expenditures 21,964
do not exceed the available federal and state funds for publicly 21,965
funded child day-care. The RULES MAY INCLUDE PROCEDURES FOR 21,966
ESTABLISHING AN ESTIMATED NUMBER OF CHILDREN ELIGIBLE TO RECEIVE 21,967
PUBLICLY FUNDED CHILD DAY-CARE PURSUANT TO RULES ADOPTED UNDER 21,968
SECTION 5104.38 OF THE REVISED CODE WHO WILL RECEIVE PUBLICLY 21,969
FUNDED CHILD DAY-CARE BASED ON AVAILABLE FEDERAL AND STATE FUNDS.
EACH MONTH, THE state department, with the assistance of the 21,970
office of budget and management AND REPRESENTATIVES OF COUNTY 21,971
DEPARTMENTS AND CHILD DAY-CARE PROVIDERS AND ADVOCATES, shall 21,972
monitor the anticipated future expenditures of county departments 21,973
for publicly funded child day-care and shall compare those 21,974
anticipated future expenditures to available federal and state 21,975
funds for publicly funded child day-care. Whenever the state 21,976
department determines that the anticipated future expenditures of 21,977
the county departments will exceed the available federal and 21,978
state funds for publicly funded child day-care, it promptly shall 21,979
notify the county departments and, before the available state and 21,980
federal funds are used, the director of human services shall 21,981
issue and implement an administrative order that shall specify 21,982
both of the following: 21,983
(1) Priorities for allocating EXPENDING the remaining 21,985
available federal and state funds for publicly funded child 21,986
day-care;
(2) Instructions and procedures to be used by the county 21,988
departments. 21,989
The order may suspend enrollment of all new participants in 21,991
any program of publicly funded child day-care or may limit 21,992
enrollment of new participants to those with adjusted incomes at 21,993
530
or below a specified percentage below the federal poverty line, 21,995
but it shall not limit enrollment by otherwise narrowing 21,996
eligibility standards established in statute for publicly funded 21,997
child day-care. 21,998
Each county department shall comply with the order no later 22,000
than thirty days after it is issued. If the state department 22,001
fails to notify the county departments and to implement the 22,002
reallocation priorities specified in the order before the 22,003
available federal and state funds for publicly funded child 22,004
day-care are used, the state department shall provide sufficient 22,005
funds to the county departments for publicly funded child 22,006
day-care to enable each county department to pay for all publicly 22,007
funded child day-care that was provided by providers pursuant to 22,008
contract prior to the date that the county department received 22,009
notice under this division and the state department implemented 22,010
in that county the priorities. 22,011
If after issuing an order under this division to suspend or 22,013
limit enrollment of new participants the state department 22,015
determines that available state and federal funds for publicly 22,016
funded child day-care exceed the anticipated future expenditures 22,017
of the county departments, the director may issue and implement 22,018
another administrative order increasing income eligibility levels 22,019
to a specified percentage of the federal poverty line. The order 22,020
shall include instructions and procedures to be used by the
county departments. Each county department shall comply with the 22,021
order not later than thirty days after it is issued. 22,022
(B) The state department of human services shall conduct 22,024
an annual DO ALL OF THE FOLLOWING: 22,025
(1) CONDUCT A QUARTERLY evaluation of the program of 22,027
publicly funded child day-care that is operated pursuant to 22,028
sections 5104.30 to 5104.39 of the Revised Code, prepare an 22,029
annual report;
(2) PREPARE REPORTS based upon the evaluation, and file a 22,032
copy of the report with both houses of the general assembly. The 22,033
531
report shall comply with the report required to be filed by 22,034
section 658(K) of the child care block grant act, 42 U.S.C. 22,035
9858(i) EVALUATIONS THAT SPECIFY FOR EACH COUNTY THE NUMBER OF 22,036
PARTICIPANTS AND AMOUNT OF EXPENDITURES;
(3) PROVIDE COPIES OF THE REPORTS TO BOTH HOUSES OF THE 22,038
GENERAL ASSEMBLY AND, ON REQUEST, TO INTERESTED PARTIES. 22,039
Sec. 5104.42. The state department of human services SHALL 22,049
ADOPT RULES PURSUANT TO SECTION 111.15 OF THE REVISED CODE
ESTABLISHING A PAYMENT PROCEDURE FOR PUBLICLY FUNDED CHILD 22,050
DAY-CARE. THE RULES MAY PROVIDE THAT THE STATE DEPARTMENT WILL 22,051
EITHER REIMBURSE COUNTY DEPARTMENTS OF HUMAN SERVICES FOR 22,052
PAYMENTS MADE TO PROVIDERS OF PUBLICLY FUNDED CHILD DAY-CARE OR
MAKE DIRECT PAYMENTS TO PROVIDERS PURSUANT TO AN AGREEMENT 22,053
ENTERED INTO WITH A COUNTY BOARD OF COMMISSIONERS PURSUANT TO 22,054
SECTION 5101.21 OF THE REVISED CODE.
ALTERNATELY, THE STATE DEPARTMENT, by rule adopted in 22,056
accordance with section 111.15 of the Revised Code, may establish 22,057
a methodology for allocating among the county departments of 22,059
human services the state and federal funds appropriated for all 22,060
publicly funded child day-care services other than the following: 22,061
(A) Child day-care services provided to participants of 22,063
the job opportunities and basic skills training program 22,064
established under sections 5101.80 to 5101.91 of the Revised 22,065
Code;
(B) Child day-care services provided to participants of 22,067
the learning, earning, and parenting program established under 22,068
section 5107.30 of the Revised Code; 22,069
(C) Transitional child day-care, as defined in section 22,071
5104.32 of the Revised Code. IF THE 22,072
The state department CHOOSES TO ALLOCATE FUNDS FOR PUBLICLY 22,074
FUNDED CHILD DAY-CARE, IT may provide the funds to each county 22,075
department, up to the limit of the county's allocation, by 22,077
advancing the funds or reimbursing county day-care expenditures. 22,078
The rules adopted under this section may prescribe procedures for 22,079
532
making the advances or reimbursements. The rules may establish a 22,080
method under which the state department may determine which
county expenditures for day-care services, other than those 22,081
described in divisions (A) to (C) of this section, are allowable 22,082
for use of state and federal funds. 22,083
The rules may establish procedures that a county department 22,085
shall follow when the county department determines that its 22,087
anticipated future expenditures for publicly funded child 22,088
day-care services, other than those described in divisions (A) to 22,089
(C) of this section, will exceed the amount of state and federal 22,090
funds allocated by the state department. The procedures may 22,091
include suspending or limiting enrollment of new participants.
Sec. 5107.01. (A) THE OHIO GENERAL ASSEMBLY HEREBY STATES 22,095
THE FOLLOWING BELIEFS WITH REGARD TO THE OHIO WORKS FIRST 22,096
PROGRAM: 22,097
(1) THAT THE FIRST PRIORITY FOR ADULTS AND MINOR HEADS OF 22,099
HOUSEHOLD PARTICIPATING IN THE PROGRAM IS TO WORK, WHICH INCLUDES 22,101
KEEPING AN EMPLOYER'S SCHEDULE AND SATISFYING THE EMPLOYER'S WORK 22,102
REQUIREMENTS, AND TO DEVELOP MARKETABLE SKILLS. 22,103
(2) THAT MANY ADULTS AND MINOR HEADS OF HOUSEHOLD 22,105
PARTICIPATING IN THE PROGRAM NEED TO COMPLETE HIGH SCHOOL OR 22,106
RECEIVE TRAINING FOR AN OCCUPATION IN ORDER TO QUALIFY FOR 22,107
EMPLOYMENT. 22,108
(B) THE GENERAL ASSEMBLY RECOGNIZES THAT SOME PROVISIONS 22,110
OF THE OHIO WORKS FIRST PROGRAM AS OPERATED PURSUANT TO FEDERAL 22,112
WAIVERS GRANTED BY THE UNITED STATES SECRETARY OF HEALTH AND 22,114
HUMAN SERVICES PURSUANT TO REQUESTS MADE UNDER FORMER SECTION 22,115
5101.09 OF THE REVISED CODE ENACTED BY SUBSTITUTE HOUSE BILL NO. 22,121
167 OF THE 121st GENERAL ASSEMBLY AND PURSUANT TO REQUESTS MADE 22,123
UNDER SECTION 5107.33 OF THE REVISED CODE, REGARDING THE LEAP 22,126
PROGRAM, PRIOR TO THE ENACTMENT OF THE PERSONAL RESPONSIBILITY 22,128
AND WORK OPPORTUNITY RECONCILIATION ACT OF 1996 (P.L. 104-193) 22,134
ARE INCONSISTENT WITH THAT ACT. IT IS THE INTENT OF THE GENERAL
ASSEMBLY TO RELY ON THE FEDERAL WAIVERS FOR AUTHORITY TO CONDUCT 22,138
533
THE PROGRAM IN THE MANNER SPECIFIED IN THIS CHAPTER TO ENSURE THE 22,139
WORK READINESS OF PROGRAM PARTICIPANTS BY REQUIRING AT LEAST 22,140
TWENTY HOURS OF WEEKLY PARTICIPATION IN WORK ACTIVITIES AND NO 22,141
MORE THAN TEN HOURS OF WEEKLY PARTICIPATION IN DEVELOPMENTAL 22,142
ACTIVITIES IN ACCORDANCE WITH SECTIONS 5107.40 TO 5107.68 OF THE 22,143
REVISED CODE. 22,145
Sec. 5107.01 5107.02. (A) As used in this section, 22,154
"health care" means assistance provided under the medical 22,156
assistance program established pursuant to Chapter 5111. of the 22,157
Revised Code CHAPTER: 22,158
(1) "ADULT" MEANS AN INDIVIDUAL WHO IS NOT A MINOR CHILD. 22,160
(2) "ASSISTANCE GROUP" MEANS A GROUP OF INDIVIDUALS 22,162
TREATED AS A UNIT FOR PURPOSES OF DETERMINING ELIGIBILITY FOR AND 22,163
THE AMOUNT OF ASSISTANCE PROVIDED UNDER OHIO WORKS FIRST. 22,164
(3) "FEDERAL POVERTY GUIDELINES" MEANS THE POVERTY 22,166
GUIDELINES ESTABLISHED BY THE UNITED STATES DEPARTMENT OF HEALTH 22,168
AND HUMAN SERVICES IN ACCORDANCE WITH SECTION 673(2) OF THE 22,170
"OMNIBUS BUDGET RECONCILIATION ACT OF 1981," 95 STAT. 511, 42 22,171
U.S.C.A. 9902, AS AMENDED, FOR A FAMILY SIZE EQUAL TO THE SIZE OF 22,172
THE ASSISTANCE GROUP WHOSE ELIGIBILITY IS BEING DETERMINED. 22,173
(4) "MINOR CHILD" MEANS EITHER OF THE FOLLOWING: 22,175
(a) AN INDIVIDUAL WHO HAS NOT ATTAINED AGE EIGHTEEN; 22,177
(b) AN INDIVIDUAL WHO HAS NOT ATTAINED AGE NINETEEN AND IS 22,180
A FULL-TIME STUDENT IN A SECONDARY SCHOOL OR IN THE EQUIVALENT 22,181
LEVEL OF VOCATIONAL OR TECHNICAL TRAINING.
(5) "MINOR HEAD OF HOUSEHOLD" MEANS A MINOR CHILD WHO IS A 22,183
PARENT OF A CHILD INCLUDED IN THE SAME ASSISTANCE GROUP THAT DOES 22,184
NOT INCLUDE AN ADULT.
(6) "OHIO WORKS FIRST" MEANS THE PROGRAM ESTABLISHED BY 22,186
THIS CHAPTER KNOWN AS TEMPORARY ASSISTANCE FOR NEEDY FAMILIES IN 22,187
TITLE IV-A AND WHICH INCLUDES THE WORK COMPONENT AND THE 22,190
PREVENTION, RETENTION, AND CONTINGENCY COMPONENT.
(7) "PAYMENT STANDARD" MEANS THE AMOUNT SPECIFIED IN RULES 22,192
ADOPTED UNDER SECTION 5107.13 OF THE REVISED CODE THAT IS THE 22,193
534
MAXIMUM AMOUNT OF CASH ASSISTANCE AN ASSISTANCE GROUP MAY RECEIVE 22,194
UNDER THE WORK COMPONENT FROM STATE AND FEDERAL FUNDS. 22,195
(8) "PREVENTION, RETENTION, AND CONTINGENCY COMPONENT" 22,197
MEANS THE COMPONENT OF THE OHIO WORKS FIRST PROGRAM ESTABLISHED 22,198
UNDER SECTION 5107.04 OF THE REVISED CODE. 22,199
(9) "SPECIFIED RELATIVE" MEANS THE FOLLOWING INDIVIDUALS 22,201
WHO ARE AGE EIGHTEEN OR OLDER: 22,202
(a) THE FOLLOWING INDIVIDUALS RELATED BY BLOOD OR 22,204
ADOPTION: 22,205
(i) GRANDPARENTS, INCLUDING GRANDPARENTS WITH THE PREFIX 22,208
"GREAT," "GREAT-GREAT," OR "GREAT-GREAT-GREAT;"
(ii) SIBLINGS; 22,210
(iii) AUNTS, UNCLES, NEPHEWS, AND NIECES, INCLUDING SUCH 22,213
RELATIVES WITH THE PREFIX "GREAT," "GREAT-GREAT," "GRAND," OR 22,214
"GREAT-GRAND;"
(iv) FIRST COUSINS AND FIRST COUSINS ONCE REMOVED. 22,217
(b) STEPPARENTS AND STEPSIBLINGS; 22,219
(c) SPOUSES AND FORMER SPOUSES OF INDIVIDUALS NAMED IN 22,222
DIVISION (A)(9)(a) OR (b) OF THIS SECTION. 22,224
(10) "TITLE IV-A" OR "TITLE IV-D" MEAN TITLE IV-A OR TITLE 22,228
IV-D OF THE "SOCIAL SECURITY ACT," 49 STAT. 620 (1935), 42 U.S.C. 22,230
301, AS AMENDED.
(11) "WORK COMPONENT" MEANS THE COMPONENT OF THE OHIO 22,232
WORKS FIRST PROGRAM ESTABLISHED UNDER SECTION 5107.03 OF THE 22,233
REVISED CODE.
(B) THERE IS HEREBY ESTABLISHED THE OHIO WORKS FIRST 22,235
PROGRAM CONSISTING OF THE WORK COMPONENT AND THE PREVENTION, 22,236
RETENTION, AND CONTINGENCY COMPONENT. The department of human 22,238
services shall administer aid to dependent children under this 22,239
chapter THE PROGRAM in accordance with Title IV-A of the "Social 22,241
Security Act," 49 Stat. 620 (1935), 42 U.S.C. 301, as amended, 22,242
FEDERAL REGULATIONS, STATE LAW, AND THE STATE PLAN PREPARED UNDER 22,243
SECTION 5107.10 OF THE REVISED CODE as long as federal funds are 22,244
provided for such aid THE PROGRAM. 22,245
535
(C) All THE DEPARTMENT OF HUMAN SERVICES SHALL MAKE ALL 22,247
CASH ASSISTANCE payments for aid to dependent children, except 22,248
expenditures for county administration, shall be made by the 22,249
director of human services OHIO WORKS FIRST from funds 22,250
appropriated for that purpose, unless the director determines 22,251
that payments for aid and health care should be made by the 22,253
county. If the director so determines, the director shall adopt 22,254
a rule to that effect and payments made after the rule's 22,256
effective date shall be made by the county treasurer on warrant 22,257
of the county auditor. The department shall thereafter advance 22,259
from state and federal funds sufficient funds to provide the 22,260
county treasurer with the amount estimated to represent the state 22,261
and federal shares of such payments. State and federal moneys 22,262
received by the county shall be deposited in the public 22,263
assistance fund established under section 5101.161 of the Revised 22,264
Code, and all payments shall be made from that fund. Expenditures 22,265
for county administration shall be paid by the county treasurer 22,266
on warrant of the county auditor.
(D) The director may apply to the United States secretary 22,269
of health and human services for a waiver of federal requirements
to implement this division. Subject to the terms and conditions 22,271
of the waiver, the director may authorize one or more counties to 22,272
implement a program under which, in lieu of the sanctions 22,273
prescribed in sections 5101.88 and 5101.881 of the Revised Code, 22,274
payments for cash assistance under this chapter to an assistance 22,275
group that includes a member participating in the JOBS program 22,276
established under sections 5101.80 to 5101.94 of the Revised Code 22,279
shall be made after the member has participated in the program a 22,280
period of time specified in rules the department shall adopt in 22,281
accordance with Chapter 119. of the Revised Code THE OHIO WORKS 22,282
FIRST PROGRAM.
A COUNTY DEPARTMENT OF HUMAN SERVICES MAY USE COUNTY FUNDS 22,284
TO INCREASE THE AMOUNT OF CASH ASSISTANCE AN ASSISTANCE GROUP 22,285
RECEIVES.
536
Sec. 5107.03. (A) AS USED IN THIS SECTION: 22,287
(1) "COUNTABLE INCOME," "GROSS EARNED INCOME," AND "GROSS 22,289
UNEARNED INCOME" HAVE THE MEANINGS ESTABLISHED IN RULES ADOPTED 22,290
UNDER SECTION 5107.13 OF THE REVISED CODE. 22,293
(2) "GROSS INCOME" MEANS GROSS EARNED INCOME AND GROSS 22,295
UNEARNED INCOME. 22,296
(3) "STRIKE" MEANS CONTINUOUS CONCERTED ACTION IN FAILING 22,298
TO REPORT TO DUTY; WILLFUL ABSENCE FROM ONE'S POSITION; OR 22,299
STOPPAGE OF WORK IN WHOLE FROM THE FULL, FAITHFUL, AND PROPER 22,300
PERFORMANCE OF THE DUTIES OF EMPLOYMENT, FOR THE PURPOSE OF 22,301
INDUCING, INFLUENCING, OR COERCING A CHANGE IN WAGES, HOURS, 22,302
TERMS, AND OTHER CONDITIONS OF EMPLOYMENT. "STRIKE" DOES NOT 22,303
INCLUDE A STOPPAGE OF WORK BY EMPLOYEES IN GOOD FAITH BECAUSE OF 22,304
DANGEROUS OR UNHEALTHFUL WORKING CONDITIONS AT THE PLACE OF 22,305
EMPLOYMENT THAT ARE ABNORMAL TO THE PLACE OF EMPLOYMENT. 22,306
(B) THE DEPARTMENT OF HUMAN SERVICES SHALL ESTABLISH A 22,309
WORK COMPONENT AS PART OF THE OHIO WORKS FIRST PROGRAM. UNDER 22,310
THE WORK COMPONENT, AN ASSISTANCE GROUP SHALL RECEIVE, EXCEPT AS 22,311
OTHERWISE PROVIDED BY THIS CHAPTER, TIME-LIMITED CASH ASSISTANCE. 22,314
IN THE CASE OF AN ASSISTANCE GROUP THAT INCLUDES A MINOR HEAD OF 22,315
HOUSEHOLD OR ADULT, ASSISTANCE SHALL BE PROVIDED IN ACCORDANCE
WITH THE SELF-SUFFICIENCY CONTRACT ENTERED INTO UNDER SECTION 22,316
5107.20 OF THE REVISED CODE.
(C) TO BE ELIGIBLE TO PARTICIPATE IN THE WORK COMPONENT, 22,319
AN ASSISTANCE GROUP MUST MEET ALL OF THE FOLLOWING REQUIREMENTS: 22,320
(1) THE ASSISTANCE GROUP, EXCEPT AS PROVIDED IN DIVISION 22,323
(E) OF THIS SECTION, MUST INCLUDE AT LEAST ONE OF THE FOLLOWING: 22,324
(a) A MINOR CHILD WHO, EXCEPT AS PROVIDED IN SECTION 22,326
5107.29 OF THE REVISED CODE, RESIDES WITH A CUSTODIAL PARENT, 22,328
LEGAL GUARDIAN, OR SPECIFIED RELATIVE CARING FOR THE CHILD;
(b) A WOMAN AT LEAST SIX MONTHS PREGNANT. 22,330
(2) THE ASSISTANCE GROUP MUST MEET THE INCOME REQUIREMENTS 22,333
ESTABLISHED BY DIVISION (D) OF THIS SECTION. 22,334
(3) NO MEMBER OF THE ASSISTANCE GROUP MAY BE INVOLVED IN A 22,336
537
STRIKE.
(4) THE ASSISTANCE GROUP MUST SATISFY THE REQUIREMENTS FOR 22,339
THE WORK COMPONENT ESTABLISHED BY THIS CHAPTER AND SECTIONS
5101.19, 5101.58, AND 5101.59 OF THE REVISED CODE. 22,342
(5) THE ASSISTANCE GROUP MUST MEET REQUIREMENTS FOR THE 22,344
WORK COMPONENT ESTABLISHED BY RULES ADOPTED UNDER SECTION 5107.13 22,346
OF THE REVISED CODE. 22,347
(D)(1) EXCEPT AS PROVIDED IN DIVISION (D)(3) OF THIS 22,349
SECTION, TO DETERMINE WHETHER AN ASSISTANCE GROUP IS INITIALLY 22,350
ELIGIBLE TO PARTICIPATE IN THE WORK COMPONENT, A COUNTY 22,351
DEPARTMENT OF HUMAN SERVICES SHALL DO THE FOLLOWING: 22,352
(a) DETERMINE WHETHER THE ASSISTANCE GROUP'S GROSS INCOME 22,355
EXCEEDS SIXTY-THREE PER CENT OF THE FEDERAL POVERTY GUIDELINES OR 22,356
OTHER PERCENTAGE DETERMINED BY THE STATE DEPARTMENT OF HUMAN
SERVICES BASED ON CHANGES TO THE PAYMENT STANDARD. IN MAKING 22,357
THIS DETERMINATION, THE COUNTY DEPARTMENT SHALL DISREGARD AMOUNTS 22,359
THAT FEDERAL STATUTES OR REGULATIONS AND SECTIONS 5101.17 AND 22,360
5117.10 OF THE REVISED CODE REQUIRE BE DISREGARDED. THE 22,363
ASSISTANCE GROUP IS INELIGIBLE TO PARTICIPATE IN THE WORK
COMPONENT IF THE ASSISTANCE GROUP'S GROSS INCOME, LESS THE 22,364
AMOUNTS DISREGARDED, EXCEEDS SIXTY-THREE PERCENT, OR OTHER 22,365
PERCENTAGE DETERMINED BY THE STATE DEPARTMENT, OF THE FEDERAL 22,366
POVERTY GUIDELINES. 22,367
(b) IF THE ASSISTANCE GROUP'S GROSS INCOME, LESS THE 22,370
AMOUNTS DISREGARDED PURSUANT TO DIVISION (D)(1)(a) OF THIS 22,372
SECTION, DOES NOT EXCEED THE PERCENTAGE OF THE FEDERAL POVERTY 22,373
GUIDELINES SPECIFIED IN OR PURSUANT TO THAT DIVISION, DETERMINE 22,374
WHETHER THE ASSISTANCE GROUP'S COUNTABLE INCOME IS LESS THAN THE 22,375
PAYMENT STANDARD. THE ASSISTANCE GROUP IS INELIGIBLE TO 22,376
PARTICIPATE IN THE WORK COMPONENT IF THE ASSISTANCE GROUP'S 22,377
COUNTABLE INCOME EQUALS OR EXCEEDS THE PAYMENT STANDARD. 22,379
(2) TO DETERMINE WHETHER AN ASSISTANCE GROUP PARTICIPATING 22,382
IN THE WORK COMPONENT CONTINUES TO BE ELIGIBLE TO PARTICIPATE, A 22,383
COUNTY DEPARTMENT OF HUMAN SERVICES SHALL DETERMINE WHETHER THE 22,384
538
ASSISTANCE GROUP'S COUNTABLE INCOME CONTINUES TO BE LESS THAN THE 22,385
PAYMENT STANDARD. IN MAKING THIS DETERMINATION, THE COUNTY 22,386
DEPARTMENT SHALL DISREGARD THE FIRST TWO HUNDRED FIFTY DOLLARS 22,387
AND FIFTY PER CENT OF THE REMAINDER OF THE ASSISTANCE GROUP'S 22,388
GROSS EARNED INCOME FOR THE FIRST EIGHTEEN MONTHS AFTER THE FIRST 22,389
MONTH THE ASSISTANCE GROUP RECEIVES GROSS EARNED INCOME WHILE 22,390
PARTICIPATING IN THE WORK COMPONENT. NO AMOUNTS SHALL BE 22,391
DISREGARDED FROM THE ASSISTANCE GROUP'S GROSS UNEARNED INCOME. 22,392
THE ASSISTANCE GROUP CEASES TO BE ELIGIBLE TO PARTICIPATE IN THE 22,393
WORK COMPONENT IF ITS COUNTABLE INCOME, LESS THE AMOUNTS 22,394
DISREGARDED, EQUALS OR EXCEEDS THE PAYMENT STANDARD. 22,395
(3) IF AN ASSISTANCE GROUP REAPPLIES TO PARTICIPATE IN THE 22,398
WORK COMPONENT NOT MORE THAN FOUR MONTHS AFTER CEASING TO
PARTICIPATE IN THE COMPONENT, A COUNTY DEPARTMENT OF HUMAN 22,399
SERVICES SHALL USE THE INCOME REQUIREMENT ESTABLISHED BY DIVISION 22,401
(D)(2) OF THIS SECTION TO DETERMINE ELIGIBILITY FOR RESUMED 22,402
PARTICIPATION RATHER THAN THE INCOME REQUIREMENT ESTABLISHED BY 22,403
DIVISION (D)(1) OF THIS SECTION. 22,404
(E)(1) AN ASSISTANCE GROUP MAY CONTINUE TO PARTICIPATE IN 22,407
THE WORK COMPONENT EVEN THOUGH A PUBLIC CHILDREN SERVICES AGENCY 22,408
REMOVES THE ASSISTANCE GROUP'S MINOR CHILDREN FROM THE ASSISTANCE 22,409
GROUP'S HOME DUE TO ABUSE, NEGLECT, OR DEPENDENCY IF THE AGENCY 22,410
DOES BOTH OF THE FOLLOWING:
(a) NOTIFIES THE COUNTY DEPARTMENT OF HUMAN SERVICES AT 22,413
THE TIME THE AGENCY REMOVES THE CHILDREN THAT IT BELIEVES THE 22,414
CHILDREN WILL BE ABLE TO RETURN TO THE ASSISTANCE GROUP WITHIN 22,415
THREE MONTHS;
(b) INFORMS THE COUNTY DEPARTMENT AT THE END OF BOTH OF 22,418
THE FIRST TWO MONTHS AFTER THE AGENCY REMOVES THE CHILDREN THAT 22,419
THE PARENT, LEGAL GUARDIAN, OR SPECIFIED RELATIVE OF THE CHILDREN
IS COOPERATING WITH THE CASE PLANS PREPARED FOR THE CHILDREN 22,421
UNDER SECTION 2151.412 OF THE REVISED CODE AND THAT THE AGENCY IS 22,423
MAKING REASONABLE EFFORTS TO RETURN THE CHILDREN TO THE 22,424
ASSISTANCE GROUP.
539
(2) AN ASSISTANCE GROUP MAY CONTINUE TO PARTICIPATE IN THE 22,428
WORK COMPONENT PURSUANT TO DIVISION (E)(1) OF THIS SECTION FOR 22,429
NOT MORE THAN THREE PAYMENT MONTHS. THIS DIVISION DOES NOT 22,430
AFFECT THE ELIGIBILITY OF AN ASSISTANCE GROUP THAT INCLUDES A 22,431
WOMAN AT LEAST SIX MONTHS PREGNANT. 22,432
Sec. 5107.04. (A) SUBJECT TO THE AVAILABILITY OF FUNDS, 22,434
THE DEPARTMENT OF HUMAN SERVICES SHALL ESTABLISH A PREVENTION, 22,436
RETENTION, AND CONTINGENCY COMPONENT AS PART OF THE OHIO WORKS 22,437
FIRST PROGRAM FOR ASSISTANCE GROUPS THAT INCLUDE AT LEAST ONE
MINOR CHILD AND NEED ASSISTANCE IN OVERCOMING IMMEDIATE BARRIERS 22,439
TO ACHIEVING OR MAINTAINING SELF SUFFICIENCY AND PERSONAL 22,440
RESPONSIBILITY. THE DEPARTMENT SHALL ADOPT RULES UNDER SECTION
5107.13 OF THE REVISED CODE ESTABLISHING OBJECTIVE CRITERIA TO 22,442
ENSURE FAIR AND EQUITABLE DETERMINATIONS OF ELIGIBILITY FOR THE 22,443
COMPONENT AND DELIVERY OF ASSISTANCE AND SERVICES UNDER THE 22,444
COMPONENT. THE RULES SHALL SPECIFY WHICH OF THE REQUIREMENTS OF 22,445
THE WORK COMPONENT APPLY TO THE PREVENTION, RETENTION, AND 22,446
CONTINGENCY COMPONENT. TO THE EXTENT PERMITTED BY FEDERAL
STATUTES AND REGULATIONS, ASSISTANCE AND SERVICES PROVIDED UNDER 22,448
THE PREVENTION, RETENTION, AND CONTINGENCY COMPONENT ARE EXEMPT 22,449
FROM THE TIME LIMIT REQUIREMENT FOR THE WORK COMPONENT 22,450
ESTABLISHED BY SECTION 5107.23 OF THE REVISED CODE. 22,452
THE DEPARTMENT OF HUMAN SERVICES SHALL DEVELOP A WRITTEN 22,454
MODEL DESIGN FOR THE PREVENTION, RETENTION, AND CONTINGENCY 22,455
COMPONENT THAT COUNTY DEPARTMENTS OF HUMAN SERVICES MAY ADOPT 22,456
UNDER DIVISION (B) OF THIS SECTION. THE DEPARTMENT SHALL NOT 22,458
ADOPT RULES TO DEVELOP THE MODEL DESIGN. THE DEPARTMENT SHALL 22,459
PROVIDE EACH COUNTY DEPARTMENT A COPY OF THE WRITTEN MODEL 22,460
DESIGN.
(B) EACH COUNTY DEPARTMENT OF HUMAN SERVICES SHALL EITHER 22,463
ADOPT THE MODEL DESIGN FOR THE PREVENTION, RETENTION, AND 22,464
CONTINGENCY COMPONENT THE STATE DEPARTMENT OF HUMAN SERVICES 22,465
DEVELOPS UNDER DIVISION (A) OF THIS SECTION OR DEVELOP ITS OWN 22,467
POLICIES FOR THE COMPONENT. TO DEVELOP ITS OWN POLICIES, A 22,468
540
COUNTY DEPARTMENT SHALL ADOPT A WRITTEN STATEMENT OF THE POLICIES 22,469
GOVERNING THE COMPONENT. THE POLICIES MAY BE A MODIFICATION OF 22,470
THE MODEL DESIGN, DIFFERENT FROM THE MODEL DESIGN, OR A 22,471
COMBINATION. THE POLICIES SHALL ESTABLISH OR SPECIFY ELIGIBILITY 22,472
REQUIREMENTS, ASSISTANCE OR SERVICES TO BE PROVIDED UNDER THE 22,473
COMPONENT, ADMINISTRATIVE REQUIREMENTS, AND OTHER MATTERS THE 22,474
COUNTY DEPARTMENT DETERMINES NECESSARY. A COUNTY DEPARTMENT MAY 22,475
AMEND ITS STATEMENT OF POLICIES TO MODIFY, TERMINATE, AND 22,476
ESTABLISH NEW POLICIES. NO POLICY MAY CONFLICT WITH RULES 22,477
ADOPTED UNDER SECTION 5107.13 OF THE REVISED CODE. 22,479
A COUNTY DEPARTMENT SHALL INFORM THE STATE DEPARTMENT OF 22,481
WHETHER IT HAS ADOPTED THE MODEL DESIGN OR DEVELOPED ITS OWN 22,482
POLICIES FOR THE PREVENTION, RETENTION, AND CONTINGENCY 22,483
COMPONENT. IF A COUNTY DEPARTMENT DEVELOPS ITS OWN POLICIES, IT 22,484
SHALL PROVIDE THE STATE DEPARTMENT A COPY OF THE WRITTEN 22,485
STATEMENT OF POLICIES AND ANY AMENDMENTS IT ADOPTS TO THE 22,486
STATEMENT. 22,487
(C) WHEN A STATE HEARING UNDER DIVISION (B) OF SECTION 22,490
5101.35 OF THE REVISED CODE OR AN ADMINISTRATIVE APPEAL UNDER 22,493
DIVISION (C) OF THAT SECTION IS HELD REGARDING THE PREVENTION, 22,494
RETENTION, AND CONTINGENCY COMPONENT, THE HEARING OFFICER, 22,495
DIRECTOR OF HUMAN SERVICES, OR DIRECTOR'S DESIGNEE SHALL BASE THE 22,496
DECISION IN THE HEARING OR APPEAL ON THE FOLLOWING: 22,497
(1) IF THE COUNTY DEPARTMENT OF HUMAN SERVICES INVOLVED IN 22,500
THE HEARING OR APPEAL ADOPTED THE STATE DEPARTMENT OF HUMAN
SERVICES' MODEL DESIGN FOR THE COMPONENT DEVELOPED UNDER DIVISION 22,502
(A) OF THIS SECTION, THE MODEL DESIGN; 22,503
(2) IF THE COUNTY DEPARTMENT DEVELOPED ITS OWN POLICIES 22,505
FOR THE COMPONENT, THE COUNTY DEPARTMENT'S WRITTEN STATEMENT OF 22,506
POLICIES ADOPTED UNDER DIVISION (B) OF THIS SECTION AND ANY 22,508
AMENDMENTS THE COUNTY DEPARTMENT ADOPTED TO THE STATEMENT. 22,509
Sec. 5107.06. THERE IS HEREBY CREATED IN THE STATE 22,511
TREASURY THE OHIO WORKS FIRST RESERVE FUND. IF AUTHORIZED BY THE 22,513
AGREEMENT BETWEEN THE DIRECTOR OF BUDGET AND MANAGEMENT AND THE 22,515
541
UNITED STATES SECRETARY OF THE TREASURY ENTERED INTO PURSUANT TO 22,516
SECTION 131.36 OF THE REVISED CODE, THE DIRECTOR OF BUDGET AND 22,518
MANAGEMENT MAY TRANSFER TO THE OHIO WORKS FIRST RESERVE FUND 22,519
MONEY APPROPRIATED FOR THE OHIO WORKS FIRST PROGRAM THAT IS 22,521
AVAILABLE AT THE END OF A FEDERAL FISCAL YEAR AFTER THE 22,522
APPROPRIATION IS RECONCILED. THE DIRECTOR OF BUDGET AND 22,523
MANAGEMENT SHALL TRANSFER MONEY IN THE OHIO WORKS FIRST RESERVE 22,524
FUND TO THE GENERAL REVENUE FUND FOR THE PURPOSE OF FUNDING THE 22,526
OHIO WORKS FIRST PROGRAM AND, IN ACCORDANCE WITH SECTION 5101.23 22,527
OF THE REVISED CODE, TO THE SOCIAL SERVICES INCENTIVE FUND 22,530
CREATED UNDER THAT SECTION. THE DIRECTOR ALSO SHALL TRANSFER 22,531
MONEY IN THE OHIO WORKS FIRST RESERVE FUND TO THE CASH MANAGEMENT 22,533
IMPROVEMENT FUND CREATED UNDER SECTION 131.37 OF THE REVISED CODE 22,535
TO THE EXTENT TRANSFERS ARE REQUIRED BY THE AGREEMENT ENTERED 22,536
INTO PURSUANT TO SECTION 131.36 OF THE REVISED CODE. 22,538
Sec. 5107.02 5107.10. (A) The department of human 22,547
services shall: 22,548
(1) Prepare and submit to the United States secretary of 22,550
health and human services a STATE plan for aid to dependent 22,551
children THE OHIO WORKS FIRST PROGRAM AND AMENDMENTS TO THE PLAN 22,553
THAT THE DEPARTMENT DETERMINES NECESSARY;
(2) Prescribe forms for applications, certificates, 22,555
reports, records and accounts of the county administration 22,556
DEPARTMENTS OF HUMAN SERVICES, and other matters; 22,558
(3) Make such reports, in such form and containing such 22,560
information as the administration DEPARTMENT may find necessary 22,561
to assure the correctness and verification of such reports; 22,563
(4) Require such reports and information from each county 22,565
administration DEPARTMENT OF HUMAN SERVICES as may be necessary 22,566
or advisable; 22,567
(5) Provide, by rules or otherwise, for putting into 22,569
effect such methods of administration and procedure as are found 22,570
by the administration or the department to be necessary to the 22,571
efficient operation of the plan in the respective counties; 22,572
542
(6) Afford a fair hearing IN ACCORDANCE WITH SECTION 22,574
5101.35 OF THE REVISED CODE to any individual entitled thereto 22,576
under section 5107.05 of the Revised Code, in which case the 22,577
finding and order of the department shall be final APPLICANT FOR,
OR PARTICIPANT OR FORMER PARTICIPANT OF, OHIO WORKS FIRST 22,578
AGGRIEVED BY A DECISION REGARDING THE PROGRAM; 22,580
(7)(6) Administer and expend, pursuant to this chapter, 22,582
any sums appropriated by the general assembly for the purpose of 22,583
this chapter and all sums paid to the state by the secretary of 22,585
the treasury of the United States as authorized by Title IV-A of 22,587
the "Social Security Act," 49 Stat. 620 (1935), 42 U.S.C. 301, as 22,589
amended;
(8)(7) Conduct such investigations as are necessary; 22,591
(9)(8) Enter into reciprocal agreements with other states 22,593
relative to the provision of aid to dependent children OHIO WORKS 22,595
FIRST to residents and nonresidents;
(9) CONTRACT WITH A PRIVATE ENTITY TO CONDUCT AN 22,598
INDEPENDENT ON-GOING EVALUATION OF THE OHIO WORKS FIRST PROGRAM. 22,599
THE CONTRACT MUST REQUIRE THE PRIVATE ENTITY TO DO ALL OF THE 22,601
FOLLOWING:
(a) EXAMINE ISSUES OF PROCESS, PRACTICE, IMPACT, AND 22,603
OUTCOMES;
(b) STUDY FORMER PARTICIPANTS OF THE WORK COMPONENT WHO 22,605
HAVE NOT PARTICIPATED IN THE COMPONENT FOR AT LEAST ONE YEAR TO 22,606
DETERMINE WHETHER THEY ARE EMPLOYED, THE TYPE OF EMPLOYMENT IN 22,607
WHICH THEY ARE ENGAGED, THE AMOUNT OF COMPENSATION THEY ARE 22,608
RECEIVING, WHETHER THEIR EMPLOYER PROVIDES HEALTH INSURANCE, 22,609
WHETHER AND HOW OFTEN THEY HAVE RECEIVED ASSISTANCE OR SERVICES
UNDER THE PREVENTION, RETENTION, AND CONTINGENCY COMPONENT, AND 22,610
WHETHER THEY ARE SUCCESSFULLY SELF SUFFICIENT; 22,611
(c) PROVIDE THE DEPARTMENT AN INITIAL REPORT OF THE 22,613
EVALUATION NOT LATER THAN TWO YEARS AFTER THE EFFECTIVE DATE OF 22,614
THIS AMENDMENT AND PROVIDE SUBSEQUENT REPORTS AT TIMES THE 22,615
DEPARTMENT SPECIFIES. 22,616
543
(10) Adopt rules establishing eligibility requirements for 22,618
aid and the method of determining the amount of aid an assistance 22,619
group may receive under this chapter. The rules shall specify 22,620
what is considered countable income for the purpose of 22,621
determining financial eligibility and the amount of assistance an 22,622
assistance group may receive under this chapter. The rules shall 22,623
be consistent with Title IV-A of the "Social Security Act," 22,626
regulations promulgated by and the plan for aid to dependent 22,627
children approved by the United States secretary of health and 22,628
human services under Title IV-A of that act, this chapter, and 22,629
any other section of the Revised Code establishing conditions and 22,630
requirements of aid under this chapter. 22,631
(B)(1) The department shall determine a minimum standard 22,634
as of January 1, 1979, and shall update the minimum standard
annually. "Minimum standard" means the minimum amounts of income 22,635
and resources necessary for persons to maintain health and 22,636
decency. 22,637
(2) The department shall establish, by rule, a payment 22,639
standard based on state appropriations that is the maximum amount 22,640
of aid an assistance group may receive under this chapter. 22,641
(C) For the purpose of investigations, any authorized 22,643
representative of the department shall have access to all records 22,644
and information bearing thereon. 22,645
The department may adopt reasonable rules governing the 22,647
custody, use, and preservation of the records, papers, files, and 22,648
communications of the department, the county administration for 22,649
aid to dependent children, and all other state and county 22,650
officials participating in the administration of this chapter. 22,651
Wherever names and addresses of recipients of aid to dependent 22,652
children or applicants for such aid or any other disclosure of 22,653
information concerning such recipients or applicants are 22,654
furnished to or held by any other agency, department, or officer 22,655
of government, such agency, department, or officer of government 22,656
shall adopt rules necessary to prevent the publication of lists 22,657
544
thereof or the disclosure of information concerning applicants 22,658
and recipients or the use of such lists or information for 22,659
purposes not directly connected with the administration of aid to 22,660
dependent children. 22,661
No person shall, except for purposes directly connected 22,663
with the administration of public assistance, and in accordance 22,664
with the rules of the department solicit, disclose, receive, make 22,665
use of, or authorize, knowingly permit, participate in, or 22,666
acquiesce in the use of, any list of or names of, persons 22,667
applying for or receiving such assistance, directly or indirectly 22,668
derived from the records, papers, files, or communications of the 22,669
department or county administrations or agencies thereof, or 22,670
acquired in the course of the performance of official duties. 22,671
(D) Each county administration shall comply with the 22,673
rules, determinations, and orders of the department NOT LATER 22,675
THAN MARCH 1, 1998 AND THE FIRST DAY OF EACH SEPTEMBER AND MARCH 22,678
THEREAFTER UNTIL SEPTEMBER 1, 2001, PREPARE A COUNTY BY COUNTY 22,680
REPORT CONCERNING INDIVIDUALS WHO CEASE TO PARTICIPATE IN THE 22,681
WORK COMPONENT THAT CONTAINS THE REASONS THE INDIVIDUALS CEASED 22,682
TO PARTICIPATE, INCLUDING EMPLOYMENT, MARITAL STATUS, AND 22,683
RELOCATION.
(11) NOT LATER THAN JANUARY 1, 2001 AND THE FIRST DAY OF 22,687
EACH JANUARY AND JULY THEREAFTER, PREPARE A REPORT CONTAINING 22,689
INFORMATION ON THE FOLLOWING:
(a) A COUNTY BY COUNTY BREAKDOWN OF INDIVIDUALS WHO CEASE 22,692
TO PARTICIPATE IN THE WORK COMPONENT AND THE REASONS THE 22,693
INDIVIDUALS CEASED TO PARTICIPATE, INCLUDING EXHAUSTING THE TIME 22,694
LIMITS FOR PARTICIPATION SET FORTH IN SECTION 5107.23 OF THE 22,695
REVISED CODE. 22,696
(b) INDIVIDUALS WHO HAVE BEEN EXEMPTED FROM THE TIME 22,699
LIMITS SET FORTH IN SECTION 5107.23 OF THE REVISED CODE AND THE 22,701
REASONS FOR THE EXEMPTION. 22,702
(B) THE DEPARTMENT SHALL PROVIDE COPIES OF THE REPORTS IT 22,704
RECEIVES UNDER DIVISION (A)(9) OF THIS SECTION AND PREPARES UNDER 22,706
545
DIVISIONS (A)(10) AND (11) OF THIS SECTION TO THE GOVERNOR, THE 22,708
PRESIDENT AND MINORITY LEADER OF THE SENATE, AND THE SPEAKER AND 22,709
MINORITY LEADER OF THE HOUSE OF REPRESENTATIVES. THE DEPARTMENT 22,710
SHALL PROVIDE COPIES OF THE REPORTS TO ANY PRIVATE OR GOVERNMENT 22,711
ENTITY ON REQUEST.
(C) AN AUTHORIZED REPRESENTATIVE OF THE DEPARTMENT OR A 22,713
COUNTY DEPARTMENT OF HUMAN SERVICES SHALL HAVE ACCESS TO ALL 22,714
RECORDS AND INFORMATION BEARING THEREON FOR THE PURPOSES OF 22,715
INVESTIGATIONS CONDUCTED PURSUANT TO THIS SECTION. 22,716
Sec. 5107.11. (A) PRIOR TO SUBMITTING THE OHIO WORKS 22,718
FIRST PLAN REQUIRED BY SECTION 5107.10 OF THE REVISED CODE, AND 22,721
ANY AMENDMENTS TO THE PLAN, TO THE UNITED STATES SECRETARY OF 22,722
HEALTH AND HUMAN SERVICES, THE DEPARTMENT OF HUMAN SERVICES SHALL 22,723
SUBMIT THE PLAN OR AMENDMENT TO ALL OF THE FOLLOWING MEMBERS OF 22,724
THE GENERAL ASSEMBLY: 22,725
(1) THE PRESIDENT AND MINORITY LEADER OF THE SENATE; 22,727
(2) THE SPEAKER AND MINORITY LEADER OF THE HOUSE OF 22,729
REPRESENTATIVES;
(3) THE CHAIRPERSONS AND RANKING MINORITY MEMBERS OF THE 22,731
HOUSE AND SENATE COMMITTEES WITH PRIMARY RESPONSIBILITY FOR 22,732
APPROPRIATIONS.
(B) IF THE GENERAL ASSEMBLY ENACTS A CONCURRENT RESOLUTION 22,735
DISAPPROVING THE PLAN OR AN AMENDMENT NOT LATER THAN THIRTY DAYS 22,736
AFTER THE DATE THE PLAN OR AMENDMENT IS SUBMITTED UNDER THIS 22,737
SECTION, THE DEPARTMENT MAY NOT SUBMIT THE PLAN OR AMENDMENT TO 22,738
THE UNITED STATES SECRETARY OF HEALTH AND HUMAN SERVICES. 22,739
INSTEAD, IT MUST SUBMIT A NEW PLAN OR AMENDMENT TO THE MEMBERS OF 22,740
THE GENERAL ASSEMBLY LISTED IN DIVISION (A) OF THIS SECTION WITH 22,741
THE CHANGES THAT ARE STATED IN THE CONCURRENT RESOLUTION AND 22,742
CONTINUE TO SUBMIT NEW PLANS OR AMENDMENTS TO THOSE MEMBERS UNTIL 22,743
A PERIOD OF THIRTY-ONE DAYS FOLLOWING SUBMISSION OF THE PLAN OR 22,744
AMENDMENT HAS PASSED IN WHICH THE GENERAL ASSEMBLY HAS NOT 22,745
ENACTED A CONCURRENT RESOLUTION DISAPPROVING THE PLAN OR 22,746
AMENDMENT.
546
Sec. 5107.13. THE DEPARTMENT OF HUMAN SERVICES SHALL ADOPT 22,749
RULES TO IMPLEMENT THIS CHAPTER. THE RULES SHALL BE CONSISTENT 22,750
WITH TITLE IV-A, TITLE IV-D, FEDERAL REGULATIONS, STATE LAW, THE 22,752
STATE PLAN FOR OHIO WORKS FIRST SUBMITTED TO THE UNITED STATES 22,755
SECRETARY OF HEALTH AND HUMAN SERVICES UNDER SECTION 5107.10 OF 22,756
THE REVISED CODE AND AMENDMENTS TO THE PLAN, AND WAIVERS GRANTED 22,759
BY THE UNITED STATES SECRETARY. RULES GOVERNING ELIGIBILITY, 22,762
PROGRAM PARTICIPATION, AND OTHER APPLICANT AND PARTICIPANT 22,763
REQUIREMENTS SHALL BE ADOPTED IN ACCORDANCE WITH CHAPTER 119. OF 22,764
THE REVISED CODE. RULES GOVERNING FINANCIAL AND OTHER 22,767
ADMINISTRATIVE REQUIREMENTS APPLICABLE TO THE DEPARTMENT AND 22,768
COUNTY DEPARTMENTS OF HUMAN SERVICES SHALL BE ADOPTED IN 22,769
ACCORDANCE WITH SECTION 111.15 OF THE REVISED CODE. 22,771
(A) THE RULES SHALL DO, SPECIFY, ESTABLISH, OR GOVERN ALL 22,774
OF THE FOLLOWING:
(1) NOT LATER THAN THE FIRST DAY OF EACH JULY, REVISE THE 22,777
FEDERAL POVERTY GUIDELINES PURSUANT TO THE ANNUAL UPDATE BY THE 22,779
UNITED STATED DEPARTMENT OF HEALTH AND HUMAN SERVICES PUBLISHED 22,781
IN THE FEDERAL REGISTER. THE UNITED STATES DEPARTMENT OF HEALTH 22,785
AND HUMAN SERVICES' UPDATE SHALL NOT BE APPLIED UNTIL THE 22,786
EFFECTIVE DATE OF THE OHIO DEPARTMENT OF HUMAN SERVICES' RULE 22,788
REVISING THE FEDERAL POVERTY GUIDELINES.
(2) A PAYMENT STANDARD FOR THE WORK COMPONENT BASED ON 22,790
FEDERAL AND STATE APPROPRIATIONS; 22,791
(3) THE METHOD OF DETERMINING THE AMOUNT OF CASH 22,793
ASSISTANCE AN ASSISTANCE GROUP RECEIVES UNDER THE WORK COMPONENT; 22,795
(4) REQUIREMENTS FOR INITIAL AND CONTINUED ELIGIBILITY FOR 22,798
THE WORK COMPONENT, INCLUDING REQUIREMENTS REGARDING INCOME,
CITIZENSHIP, AGE, RESIDENCE, AND ASSISTANCE GROUP COMPOSITION. 22,799
THE RULES REGARDING INCOME SHALL SPECIFY WHAT IS COUNTABLE 22,800
INCOME, GROSS EARNED INCOME, AND GROSS UNEARNED INCOME FOR THE 22,801
PURPOSE OF SECTION 5107.03 OF THE REVISED CODE. THE RULES MAY 22,804
NOT PROVIDE THAT COUNTY FUNDS PROVIDED UNDER SECTION 5107.02 OF 22,805
THE REVISED CODE TO INCREASE THE AMOUNT OF CASH ASSISTANCE AN
547
ASSISTANCE GROUP RECEIVES ARE INCLUDED AS COUNTABLE INCOME, GROSS 22,806
EARNED INCOME, OR GROSS UNEARNED INCOME. 22,807
(5) OBJECTIVE CRITERIA TO ENSURE FAIR AND EQUITABLE 22,809
DETERMINATIONS OF ELIGIBILITY FOR THE PREVENTION, RETENTION, AND 22,810
CONTINGENCY COMPONENT AND DELIVERY OF ASSISTANCE AND SERVICES 22,811
UNDER THE COMPONENT. THE RULES SHALL SPECIFY WHICH REQUIREMENTS 22,812
OF THE WORK COMPONENT APPLY TO THE PREVENTION, RETENTION, AND 22,813
CONTINGENCY COMPONENT. 22,814
(6) FOR THE PURPOSE OF SECTION 5107.15 OF THE REVISED 22,818
CODE, APPLICATION AND VERIFICATION PROCEDURES, INCLUDING THE 22,819
INFORMATION AN APPLICATION MUST CONTAIN; 22,820
(7) THE EXTENT TO WHICH A PARTICIPANT OF THE WORK 22,822
COMPONENT MUST NOTIFY, PURSUANT TO SECTION 5107.15 OF THE REVISED 22,824
CODE, A COUNTY DEPARTMENT OF HUMAN SERVICES OF ADDITIONAL INCOME 22,826
NOT PREVIOUSLY REPORTED TO THE COUNTY DEPARTMENT; 22,827
(8) THE IMPLEMENTATION OF SECTION 5107.17 OF THE REVISED 22,831
CODE;
(9) GOOD CAUSE FOR AN ASSISTANCE GROUP TO REAPPLY TO 22,833
PARTICIPATE IN THE WORK COMPONENT PURSUANT TO DIVISION (B) OF 22,834
SECTION 5107.23 OF THE REVISED CODE;
(10) REQUIREMENTS FOR THE COLLECTION AND DISTRIBUTION OF 22,836
SUPPORT PAYMENTS OWED PARTICIPANTS OF THE WORK COMPONENT PURSUANT 22,838
TO SECTION 5107.25 OF THE REVISED CODE; 22,840
(11) FOR THE PURPOSE OF SECTION 5107.27 OF THE REVISED 22,844
CODE, WHAT CONSTITUTES COOPERATING IN ESTABLISHING A MINOR 22,845
CHILD'S PATERNITY OR ESTABLISHING, MODIFYING, OR ENFORCING A 22,846
CHILD SUPPORT ORDER AND GOOD CAUSE FOR FAILURE OR REFUSAL TO 22,847
COOPERATE. THE RULE SHALL BE CONSISTENT WITH 42 U.S.C.A. 22,849
654(29). 22,850
(12) THE ADMINISTRATION OF THE LEAP PROGRAM PROVIDED FOR 22,853
UNDER SECTION 5107.33 OF THE REVISED CODE; 22,855
(13) THE ADMINISTRATION OF THE LEARNFARE PROGRAM 22,857
ESTABLISHED UNDER SECTION 5107.35 OF THE REVISED CODE, INCLUDING 22,860
BOTH OF THE FOLLOWING: 22,861
548
(a) THE SCHOOL ATTENDANCE REQUIREMENT FOR STUDENTS 22,863
PARTICIPATING IN LEARNFARE; 22,864
(b) ANY PROCEDURES OR REQUIREMENTS THE DEPARTMENT 22,866
CONSIDERS NECESSARY FOR IMPLEMENTATION OF THE PROGRAM. 22,867
(14) FOR THE PURPOSE OF SECTION 5107.42 OF THE REVISED 22,871
CODE, ASSIGNING PARTICIPANTS TO THE WORK ACTIVITIES SPECIFIED IN 22,872
DIVISIONS (D)(7) AND (12) OF SECTION 5107.40 OF THE REVISED CODE; 22,875
(15) THE MAXIMUM AMOUNT OF TIME THE DEPARTMENT WILL 22,877
SUBSIDIZE POSITIONS CREATED BY STATE AGENCIES AND POLITICAL 22,878
SUBDIVISIONS UNDER DIVISION (C) OF SECTION 5107.52 OF THE REVISED 22,881
CODE. 22,882
(B) THE RULES MAY PROVIDE THAT A COUNTY DEPARTMENT OF 22,885
HUMAN SERVICES IS NOT REQUIRED TO TAKE ACTION UNDER SECTION 22,886
5107.76 OF THE REVISED CODE TO RECOVER AN ERRONEOUS PAYMENT THAT 22,889
IS BELOW AN AMOUNT THE DEPARTMENT SPECIFIES.
(C) THE DEPARTMENT SHALL ADOPT RULES UNDER DIVISION 22,892
(A)(13) OF THIS SECTION IN CONSULTATION WITH THE STATE BOARD OF
EDUCATION. 22,893
Sec. 5107.05 5107.15. Application for aid under this 22,903
chapter AN ASSISTANCE GROUP SEEKING TO PARTICIPATE IN THE OHIO 22,904
WORKS FIRST PROGRAM shall be made APPLY to the A county 22,905
administration and the DEPARTMENT OF HUMAN SERVICES USING AN 22,907
application shall contain such CONTAINING information as the 22,908
STATE department of human services may require. Unless the 22,910
director of human services has provided for the making of 22,911
payments of aid under this chapter by electronic benefit transfer 22,913
pursuant to section 5101.33 of the Revised Code, accompanying the 22,914
application in any county with a system of direct deposit for 22,915
payments of such aid shall be the authorization form that 22,916
contains the statement required by section 329.03 of the Revised 22,917
Code REQUIRES PURSUANT TO RULES ADOPTED UNDER SECTION 5107.13 OF 22,919
THE REVISED CODE. THE ASSISTANCE GROUP SHALL USE THE APPLICATION
APPROPRIATE FOR THE COMPONENT OF OHIO WORKS FIRST SOUGHT. If the 22,921
CASH assistance UNDER THE WORK COMPONENT is to be paid by the 22,922
549
auditor of state through the medium of direct deposit AS PROVIDED 22,923
BY SECTION 329.03 OF THE REVISED CODE, the application shall be
accompanied by an authorization form on which the applicant 22,925
states one the following:
(A) The applicant's designation of a financial institution 22,927
that is equipped for electronic fund transfers and authorized by 22,928
law to accept direct deposits by electronic transfer and the 22,929
account to which the applicant wishes the payments to be made by 22,930
direct deposit; 22,931
(B) The applicant's desire to receive such payments in the 22,933
form of a paper warrant INFORMATION THE AUDITOR NEEDS TO MAKE 22,934
DIRECT DEPOSITS. 22,935
When a county administration DEPARTMENT receives an 22,937
application for aid under this chapter FOR PARTICIPATION IN OHIO 22,938
WORKS FIRST, it shall promptly make an investigation and record 22,940
of the circumstances of the applicant in order to ascertain the 22,941
facts surrounding the application and to obtain such other 22,942
information as may be required. Upon the completion of the 22,943
investigation, the county administration DEPARTMENT shall 22,944
determine whether the applicant is eligible for aid TO 22,945
PARTICIPATE, the amount of aid CASH ASSISTANCE the applicant 22,947
should receive, and the approximate date when such aid
PARTICIPATION shall begin. The amount OF CASH ASSISTANCE so 22,949
determined shall be certified to the STATE department of human 22,950
services in such form as the department shall prescribe. 22,952
Warrants, direct deposits, or debit cards shall be delivered or 22,953
made payable to the caretaker of the child, or the child's duly 22,955
appointed guardian, or another individual who is concerned with 22,956
the welfare of the recipient, or vendor payments may be made on 22,957
behalf of such child under conditions that would qualify such
payments for federal matching, by the department in such THE 22,958
manner as the STATE department may prescribe except that warrants 22,960
for the payment of health care or foster care shall, at the 22,962
option of the department, be made payable to, and delivered to, 22,963
550
the persons or agencies furnishing such care. 22,964
If, during the continuance of aid, the recipient becomes 22,966
possessed of income or resources in excess of the amount 22,967
previously reported, the recipient TO THE EXTENT REQUIRED BY 22,968
RULES ADOPTED UNDER SECTION 5107.13 OF THE REVISED CODE, A 22,970
PARTICIPANT OF THE WORK COMPONENT shall notify the county 22,971
administration of this fact DEPARTMENT immediately upon the 22,972
receipt or possession of such additional income or resources NOT 22,974
PREVIOUSLY REPORTED TO THE COUNTY DEPARTMENT. Any failure to 22,976
report a possession of income or resources in excess of the 22,978
amount previously reported by the recipient in compliance with 22,979
this chapter to the SO NOTIFY A county administration DEPARTMENT 22,980
shall be regarded as prima-facie evidence of an intent to 22,981
defraud.
An applicant or recipient aggrieved because of a county 22,983
administration's decision or delay in making a decision may 22,984
appeal to the department in the manner prescribed by the 22,985
department and shall be afforded reasonable notice and 22,986
opportunity for a fair hearing. All decisions of the department 22,987
made on appeal shall be final and binding upon and complied with 22,988
by the county administration. 22,989
Any person who applies for aid under this section shall 22,991
receive a voter registration application under section 3503.10 of 22,992
the Revised Code.
Sec. 5107.041 5107.17. As used in this section, 23,001
"fraudulent payment ASSISTANCE" means a payment of aid ASSISTANCE 23,002
AND SERVICES, INCLUDING CASH ASSISTANCE, PROVIDED under this 23,003
chapter THE OHIO WORKS FIRST PROGRAM to or on behalf of an 23,005
assistance group that is made as a result of fraud by a member of 23,006
the assistance group, INCLUDING AN INTENTIONAL VIOLATION OF THE 23,007
PROGRAM'S REQUIREMENTS. "Fraudulent payment ASSISTANCE" does not 23,008
include a payment ASSISTANCE OR SERVICES under this chapter THE 23,009
OHIO WORKS FIRST PROGRAM to or on behalf of an assistance group 23,011
that is made PROVIDED as a result of an error that is the fault 23,012
551
of a county department of human services or the state department 23,013
of human services.
Subject to the terms and conditions of federal waivers 23,015
granted pursuant to an application made under section 5101.09 of 23,017
the Revised Code, if IF a county director of human services 23,018
determines that an assistance group has received a fraudulent 23,019
payment ASSISTANCE, the assistance group is ineligible for aid 23,020
under this chapter TO PARTICIPATE IN THE OHIO WORKS FIRST PROGRAM 23,021
until a member of the assistance group repays the COST OF THE 23,023
fraudulent payment. The assistance group's eligibility for aid 23,025
under this chapter shall not be terminated until after the
assistance group has exhausted its appeals under section 5101.35 23,026
of the Revised Code if the assistance group appeals under that 23,028
section ASSISTANCE. If a member repays the COST OF THE 23,029
fraudulent payment ASSISTANCE and the assistance group otherwise 23,030
meets the eligibility requirements for aid under this chapter THE 23,031
OHIO WORKS FIRST PROGRAM, the assistance group is eligible for 23,033
resumed aid under this chapter. A person who would be eligible 23,034
for aid under this chapter if not for this section is eligible 23,035
for medical assistance under Chapter 5111. of the Revised Code.
If any provision of this section conflicts with the terms 23,037
and conditions of a federal waiver granted pursuant to an 23,038
application made under section 5101.09 of the Revised Code, the 23,040
terms and conditions of the federal waiver prevail SHALL NOT BE 23,041
DENIED THE OPPORTUNITY TO PARTICIPATE IN THE PROGRAM. 23,042
THIS SECTION DOES NOT LIMIT THE ABILITY OF A COUNTY 23,044
DEPARTMENT OF HUMAN SERVICES TO RECOVER ERRONEOUS PAYMENTS UNDER 23,045
SECTION 5107.77 OF THE REVISED CODE.
THE STATE DEPARTMENT OF HUMAN SERVICES SHALL ADOPT RULES 23,047
UNDER SECTION 5107.13 OF THE REVISED CODE TO IMPLEMENT THIS 23,048
SECTION.
Sec. 5107.32 5107.20. (A) As used in this section, 23,057
"adult" means a person age eighteen or older. 23,059
(B) Subject to the terms and conditions of federal waivers 23,061
552
granted pursuant to an application made under section 5101.09 of 23,062
the Revised Code, an AN assistance group is ineligible for aid 23,064
under this chapter TO PARTICIPATE IN THE WORK COMPONENT unless 23,065
THE MINOR HEAD OF HOUSEHOLD OR each adult member of the 23,066
assistance group, at the time the assistance group applies NOT 23,067
LATER THAN THIRTY DAYS AFTER APPLYING for aid or is undergoing a 23,068
redetermination of eligibility for aid under this chapter THE 23,070
COMPONENT, enters into a WRITTEN self-sufficiency contract with 23,071
the county department of human services under which. THE 23,073
CONTRACT SHALL SET FORTH THE RIGHTS AND RESPONSIBILITIES OF the 23,074
assistance group agrees to comply with all requirements for aid 23,076
under this chapter AS APPLICANTS FOR AND PARTICIPANTS OF THE 23,077
COMPONENT, including the JOBS program WORK RESPONSIBILITIES 23,079
established under sections 5101.80 5107.40 to 5101.94 5107.68 of 23,081
the Revised Code and other education and work training activities 23,083
REQUIREMENTS designed to assist persons THE ASSISTANCE GROUP in 23,084
obtaining employment. A person who would be eligible for aid 23,087
under this chapter if not for this section is eligible for 23,089
medical assistance under Chapter 5111. of the Revised Code. 23,090
The department of human services shall adopt rules in 23,092
accordance with Chapter 119. of the Revised Code that are 23,093
necessary to implement this section. The rules shall include the 23,094
contract document that adult assistance group members must sign 23,095
under this section. The contract shall state the 23,096
responsibilities of applicants for and recipients of aid under 23,097
this chapter.
If any provision of this section conflicts with the terms 23,099
and conditions of a federal waiver granted pursuant to an 23,100
application made under section 5101.09 of the Revised Code, the 23,101
terms and conditions of the federal waiver prevail ACHIEVING SELF 23,102
SUFFICIENCY AND PERSONAL RESPONSIBILITY. THE COUNTY DEPARTMENT 23,103
SHALL PROVIDE WITHOUT CHARGE A COPY OF THE CONTRACT TO EACH
ASSISTANCE GROUP MEMBER WHO SIGNS IT. 23,104
EACH SELF-SUFFICIENCY CONTRACT SHALL INCLUDE, BASED ON WORK 23,107
553
APPRAISALS CONDUCTED UNDER SECTION 5107.41 OF THE REVISED CODE 23,108
AND ASSESSMENTS CONDUCTED UNDER SECTION 5107.70 OF THE REVISED 23,109
CODE, THE FOLLOWING:
(A) THE ASSISTANCE GROUP'S PLAN, DEVELOPED UNDER SECTION 23,111
5107.41 OF THE REVISED CODE, TO ACHIEVE THE GOAL OF SELF 23,114
SUFFICIENCY AND PERSONAL RESPONSIBILITY THROUGH UNSUBSIDIZED 23,115
EMPLOYMENT WITHIN THE TIME LIMIT FOR PARTICIPATING IN THE WORK 23,116
COMPONENT ESTABLISHED BY SECTION 5107.23 OF THE REVISED CODE; 23,118
(B) WORK ACTIVITIES, DEVELOPMENTAL ACTIVITIES, AND 23,121
ALTERNATIVE WORK ACTIVITIES TO WHICH MEMBERS OF THE ASSISTANCE 23,122
GROUP ARE ASSIGNED UNDER SECTIONS 5107.40 TO 5107.68 OF THE 23,124
REVISED CODE; 23,125
(C) THE RESPONSIBILITY OF A CARETAKER MEMBER OF THE 23,128
ASSISTANCE GROUP TO COOPERATE IN ESTABLISHING A MINOR CHILD'S 23,129
PATERNITY AND ESTABLISHING, MODIFYING, AND ENFORCING A SUPPORT 23,130
ORDER FOR THE CHILD IN ACCORDANCE WITH SECTION 5107.27 OF THE 23,132
REVISED CODE AND THE CONSEQUENCES ESTABLISHED IN THAT SECTION FOR 23,134
FAILURE OR REFUSAL TO COOPERATE WITHOUT GOOD CAUSE; 23,135
(D) OTHER RESPONSIBILITIES THAT MEMBERS OF THE ASSISTANCE 23,137
GROUP MUST SATISFY TO PARTICIPATE IN THE WORK COMPONENT AND THE 23,138
CONSEQUENCES FOR FAILURE OR REFUSAL TO SATISFY THE 23,139
RESPONSIBILITIES; 23,140
(E) AN AGREEMENT THAT THE ASSISTANCE GROUP WILL COMPLY 23,143
WITH THE CONDITIONS OF PARTICIPATING IN THE WORK COMPONENT 23,144
ESTABLISHED BY THIS CHAPTER AND SECTIONS 5101.19, 5101.58, AND 23,145
5101.59 OF THE REVISED CODE; 23,147
(F) ASSISTANCE AND SERVICES THE COUNTY DEPARTMENT WILL 23,149
PROVIDE TO THE ASSISTANCE GROUP; 23,150
(G) ASSISTANCE AND SERVICES THE CHILD SUPPORT ENFORCEMENT 23,153
AGENCY AND PUBLIC CHILDREN SERVICES AGENCY WILL PROVIDE TO THE 23,154
ASSISTANCE GROUP PURSUANT TO A PLAN OF COOPERATION ENTERED INTO 23,155
UNDER SECTION 307.983 OF THE REVISED CODE; 23,157
(H) OTHER PROVISIONS DESIGNED TO ASSIST THE ASSISTANCE 23,159
GROUP IN ACHIEVING SELF-SUFFICIENCY AND PERSONAL RESPONSIBILITY; 23,160
554
(I) PROCEDURES FOR ASSESSING WHETHER RESPONSIBILITIES ARE 23,163
BEING SATISFIED AND WHETHER THE CONTRACT SHOULD BE AMENDED;
(J) PROCEDURES FOR AMENDING THE CONTRACT. 23,165
Sec. 5107.21. (A) IF A MEMBER OF AN ASSISTANCE GROUP 23,168
FAILS OR REFUSES, WITHOUT GOOD CAUSE, TO COMPLY IN FULL WITH A 23,169
PROVISION OF A SELF-SUFFICIENCY CONTRACT ENTERED INTO UNDER 23,170
SECTION 5107.20 OF THE REVISED CODE, A COUNTY DEPARTMENT SHALL 23,172
SANCTION THE ASSISTANCE GROUP AS FOLLOWS: 23,173
(1) FOR A FIRST FAILURE OR REFUSAL, THE COUNTY DEPARTMENT 23,175
SHALL DENY OR TERMINATE THE ASSISTANCE GROUP'S ELIGIBILITY TO 23,176
PARTICIPATE IN THE WORK COMPONENT FOR ONE PAYMENT MONTH OR UNTIL 23,177
THE FAILURE OR REFUSAL CEASES, WHICHEVER IS LONGER; 23,178
(2) FOR A SECOND FAILURE OR REFUSAL, THE COUNTY DEPARTMENT 23,181
SHALL DENY OR TERMINATE THE ASSISTANCE GROUP'S ELIGIBILITY TO
PARTICIPATE IN THE WORK COMPONENT FOR THREE PAYMENT MONTHS OR 23,182
UNTIL THE FAILURE OR REFUSAL CEASES, WHICHEVER IS LONGER; 23,183
(3) FOR A THIRD OR SUBSEQUENT FAILURE OR REFUSAL, THE 23,185
COUNTY DEPARTMENT SHALL DENY OR TERMINATE THE ASSISTANCE GROUP'S 23,186
ELIGIBILITY TO PARTICIPATE IN THE WORK COMPONENT FOR SIX PAYMENT 23,187
MONTHS OR UNTIL THE FAILURE OR REFUSAL CEASES, WHICHEVER IS 23,188
LONGER. 23,189
(B) EACH COUNTY DEPARTMENT OF HUMAN SERVICES SHALL 23,192
ESTABLISH STANDARDS FOR THE DETERMINATION OF GOOD CAUSE FOR 23,193
FAILURE OR REFUSAL TO COMPLY IN FULL WITH A PROVISION OF A 23,194
SELF-SUFFICIENCY CONTRACT.
(1) IN THE CASE OF A FAILURE OR REFUSAL TO PARTICIPATE IN 23,196
A WORK ACTIVITY, DEVELOPMENTAL ACTIVITY, OR ALTERNATIVE WORK 23,197
ACTIVITY UNDER SECTIONS 5107.40 TO 5107.68 OF THE REVISED CODE, 23,200
GOOD CAUSE SHALL INCLUDE, EXCEPT AS PROVIDED IN DIVISION (B)(2) 23,202
OF THIS SECTION, THE FOLLOWING: 23,203
(a) FAILURE OF THE COUNTY DEPARTMENT TO PLACE THE MEMBER 23,206
IN AN ACTIVITY;
(b) FAILURE OF THE COUNTY DEPARTMENT TO PROVIDE FOR THE 23,209
ASSISTANCE GROUP TO RECEIVE SUPPORT SERVICES THE COUNTY
555
DEPARTMENT DETERMINES UNDER SECTION 5107.66 OF THE REVISED CODE 23,212
TO BE NECESSARY. IN DETERMINING WHETHER GOOD CAUSE EXISTS, A 23,213
COUNTY DEPARTMENT SHALL DETERMINE THAT DAY CARE IS A NECESSARY 23,214
SUPPORT SERVICE IF A SINGLE CUSTODIAL PARENT CARING FOR A CHILD 23,215
UNDER AGE SIX PROVES A DEMONSTRATED INABILITY, AS DETERMINED BY 23,216
THE COUNTY DEPARTMENT, TO OBTAIN NEEDED CHILD CARE FOR ONE OR 23,217
MORE OF THE FOLLOWING REASONS: 23,218
(i) UNAVAILABILITY OF APPROPRIATE CHILD CARE WITHIN A 23,221
REASONABLE DISTANCE FROM THE PARENT'S HOME OR WORK SITE; 23,222
(ii) UNAVAILABILITY OR UNSUITABILITY OF INFORMAL CHILD 23,225
CARE BY A RELATIVE OR UNDER OTHER ARRANGEMENTS;
(iii) UNAVAILABILITY OF APPROPRIATE AND AFFORDABLE FORMAL 23,228
CHILD CARE ARRANGEMENTS.
(2) GOOD CAUSE DOES NOT EXIST IF THE MEMBER OF THE 23,230
ASSISTANCE GROUP IS PLACED IN AN EDUCATION PROGRAM ESTABLISHED 23,231
UNDER DIVISION (B) OF SECTION 5107.58 OF THE REVISED CODE AND 23,234
EXHAUSTS THE SUPPORT SERVICES AVAILABLE FOR THE PROGRAM. 23,235
(C) WHEN A STATE HEARING UNDER DIVISION (B) OF SECTION 23,238
5101.35 OF THE REVISED CODE OR AN ADMINISTRATIVE APPEAL UNDER 23,241
DIVISION (C) OF THAT SECTION IS HELD REGARDING A SANCTION UNDER 23,242
THIS SECTION, THE HEARING OFFICER, DIRECTOR OF HUMAN SERVICES, OR 23,243
DIRECTOR'S DESIGNEE SHALL BASE THE DECISION IN THE HEARING OR 23,244
APPEAL ON THE COUNTY DEPARTMENT'S STANDARDS OF GOOD CAUSE FOR 23,245
FAILURE OR REFUSAL TO COMPLY IN FULL WITH A PROVISION OF A 23,246
SELF-SUFFICIENCY CONTRACT, IF THE COUNTY DEPARTMENT PROVIDES THE 23,247
HEARING OFFICER, DIRECTOR, OR DIRECTOR'S DESIGNEE A COPY OF THE 23,248
COUNTY DEPARTMENT'S GOOD CAUSE STANDARDS. 23,249
(D) AFTER SANCTIONING AN ASSISTANCE GROUP UNDER DIVISION 23,253
(A) OF THIS SECTION, A COUNTY DEPARTMENT OF HUMAN SERVICES SHALL 23,254
PROVIDE THE MEMBER OF THE ASSISTANCE GROUP WHO CAUSED THE 23,255
SANCTION AN OPPORTUNITY TO DEMONSTRATE TO THE COUNTY DEPARTMENT A 23,256
WILLINGNESS TO CEASE THE FAILURE OR REFUSAL TO COMPLY WITH THE 23,257
SELF-SUFFICIENCY CONTRACT.
(E)(1) A MINOR CHILD ELIGIBLE FOR MEDICAL ASSISTANCE 23,260
556
PURSUANT TO DIVISION (A)(1)(b) OF SECTION 5111.01 OF THE REVISED 23,263
CODE WHO WOULD BE ELIGIBLE TO PARTICIPATE IN THE WORK COMPONENT 23,265
IF NOT FOR A SANCTION UNDER THIS SECTION DOES NOT LOSE 23,266
ELIGIBILITY FOR MEDICAL ASSISTANCE.
(2) AN ADULT ELIGIBLE FOR MEDICAL ASSISTANCE PURSUANT TO 23,268
DIVISION (A)(1)(b) OF SECTION 5111.01 OF THE REVISED CODE WHO 23,273
WOULD BE ELIGIBLE TO PARTICIPATE IN THE WORK COMPONENT IF NOT FOR 23,274
A SANCTION UNDER DIVISION (A)(1) OR (2) OF THIS SECTION DOES NOT 23,276
LOSE ELIGIBILITY FOR MEDICAL ASSISTANCE. AN ADULT ELIGIBLE FOR 23,277
MEDICAL ASSISTANCE PURSUANT TO DIVISION (A)(1)(b) OF SECTION 23,279
5111.01 OF THE REVISED CODE WHO IS SANCTIONED UNDER DIVISION 23,282
(A)(3) OF THIS SECTION LOSES ELIGIBILITY FOR MEDICAL ASSISTANCE 23,283
UNLESS THE ADULT IS OTHERWISE ELIGIBLE FOR MEDICAL ASSISTANCE 23,284
PURSUANT TO ANOTHER DIVISION OF SECTION 5111.01 OF THE REVISED 23,287
CODE.
(3) AN ADULT ELIGIBLE FOR MEDICAL ASSISTANCE PURSUANT TO 23,289
DIVISION (A)(1)(a) OF SECTION 5111.01 OF THE REVISED CODE WHO IS 23,294
SANCTIONED UNDER DIVISION (A)(3) OF THIS SECTION FOR A FAILURE OR 23,296
REFUSAL, WITHOUT GOOD CAUSE, TO COMPLY IN FULL WITH A PROVISION 23,297
OF A SELF-SUFFICIENCY CONTRACT RELATED TO WORK RESPONSIBILITIES 23,298
UNDER SECTIONS 5107.40 TO 5107.68 OF THE REVISED CODE LOSES 23,300
ELIGIBILITY FOR MEDICAL ASSISTANCE UNLESS THE ADULT IS OTHERWISE 23,301
ELIGIBLE FOR MEDICAL ASSISTANCE PURSUANT TO ANOTHER DIVISION OF 23,302
SECTION 5111.01 OF THE REVISED CODE. 23,304
Sec. 5107.23. (A) EXCEPT AS PROVIDED IN DIVISIONS (B), 23,309
(C), (D), AND (E) OF THIS SECTION, AN ASSISTANCE GROUP IS 23,310
INELIGIBLE TO PARTICIPATE IN THE WORK COMPONENT IF THE ASSISTANCE 23,312
GROUP INCLUDES AN ADULT WHO HAS PARTICIPATED IN THE COMPONENT FOR
THIRTY-SIX MONTHS. THE TIME LIMIT APPLIES REGARDLESS OF WHETHER 23,313
THE THIRTY-SIX MONTHS ARE CONSECUTIVE. 23,314
(B) AN ASSISTANCE GROUP THAT HAS CEASED TO PARTICIPATE IN 23,317
THE WORK COMPONENT PURSUANT TO DIVISION (A) OF THIS SECTION FOR 23,319
AT LEAST TWENTY-FOUR MONTHS MAY REAPPLY TO PARTICIPATE IN THE 23,320
WORK COMPONENT IF GOOD CAUSE EXISTS AS SPECIFIED IN RULES ADOPTED 23,321
557
UNDER SECTION 5107.13 OF THE REVISED CODE. GOOD CAUSE MAY 23,323
INCLUDE LOSING EMPLOYMENT, INABILITY TO FIND EMPLOYMENT, DIVORCE, 23,324
DOMESTIC VIOLENCE CONSIDERATIONS, AND UNIQUE PERSONAL 23,325
CIRCUMSTANCES. THE ASSISTANCE GROUP MUST PROVIDE A COUNTY 23,326
DEPARTMENT OF HUMAN SERVICES VERIFICATION ACCEPTABLE TO THE 23,327
COUNTY DEPARTMENT OF WHETHER ANY MEMBERS OF THE ASSISTANCE GROUP 23,328
HAD EMPLOYMENT DURING THE PERIOD THE ASSISTANCE GROUP WAS NOT 23,329
PARTICIPATING IN THE WORK COMPONENT AND THE AMOUNT AND SOURCES OF 23,331
THE ASSISTANCE GROUP'S INCOME DURING THAT PERIOD. IF A COUNTY 23,332
DEPARTMENT IS SATISFIED THAT GOOD CAUSE EXISTS FOR THE ASSISTANCE 23,333
GROUP TO REAPPLY TO PARTICIPATE IN THE WORK COMPONENT, THE 23,334
ASSISTANCE GROUP MAY REAPPLY. EXCEPT AS PROVIDED IN DIVISIONS 23,335
(C), (D), AND (E) OF THIS SECTION, THE ASSISTANCE GROUP MAY NOT 23,338
PARTICIPATE IN THE WORK COMPONENT FOR MORE THAN TWENTY-FOUR 23,339
ADDITIONAL MONTHS. THE TIME LIMIT APPLIES REGARDLESS OF WHETHER 23,340
THE TWENTY-FOUR MONTHS ARE CONSECUTIVE.
(C) IN DETERMINING THE NUMBER OF MONTHS A PARENT OR 23,344
PREGNANT WOMAN HAS RECEIVED ASSISTANCE UNDER TITLE IV-A, A COUNTY 23,348
DEPARTMENT OF HUMAN SERVICES SHALL DISREGARD ANY MONTH DURING 23,349
WHICH THE PARENT OR PREGNANT WOMAN WAS A MINOR CHILD BUT WAS 23,350
NEITHER A MINOR HEAD OF HOUSEHOLD NOR MARRIED TO THE HEAD OF AN 23,351
ASSISTANCE GROUP.
(D) IN DETERMINING THE NUMBER OF MONTHS AN ADULT HAS 23,354
RECEIVED ASSISTANCE UNDER TITLE IV-A, A COUNTY DEPARTMENT OF 23,358
HUMAN SERVICES SHALL DISREGARD ANY MONTH DURING WHICH THE ADULT 23,359
LIVED ON AN INDIAN RESERVATION OR IN AN ALASKA NATIVE VILLAGE, AS 23,361
THOSE TERMS ARE USED IN 42 U.S.C.A. 608(a)(7)(D), IF, DURING THE 23,365
MONTH, AT LEAST ONE THOUSAND INDIVIDUALS LIVED ON THE RESERVATION 23,366
OR IN THE VILLAGE AND AT LEAST FIFTY PER CENT OF THE ADULTS 23,367
LIVING ON THE RESERVATION OR IN THE VILLAGE WERE UNEMPLOYED. 23,368
(E) A COUNTY DEPARTMENT OF HUMAN SERVICES MAY EXEMPT NOT 23,371
MORE THAN TWENTY PER CENT OF THE AVERAGE MONTHLY NUMBER OF WORK 23,373
COMPONENT PARTICIPANTS FROM THE TIME LIMIT ESTABLISHED BY THIS 23,374
SECTION ON THE GROUNDS THAT THE COUNTY DEPARTMENT DETERMINES THAT 23,375
558
THE TIME LIMIT IS A HARDSHIP. IN THE CASE OF THE TIME LIMIT 23,376
ESTABLISHED BY DIVISION (A) OF THIS SECTION, A COUNTY DEPARTMENT 23,377
MAY NOT EXEMPT AN ASSISTANCE GROUP UNTIL THE GROUP HAS EXHAUSTED 23,378
ITS THIRTY-SIX MONTHS OF CASH ASSISTANCE. 23,379
(F) THE STATE DEPARTMENT OF HUMAN SERVICES SHALL 23,381
CONTINUALLY MONITOR THE PERCENTAGE OF THE AVERAGE MONTHLY NUMBER 23,382
OF OHIO WORKS FIRST PARTICIPANTS IN EACH COUNTY THAT IS EXEMPTED 23,384
UNDER DIVISION (E) OF THIS SECTION FROM THE TIME LIMIT 23,385
ESTABLISHED BY THIS SECTION. ON DETERMINING THAT THE PERCENTAGE 23,387
IN ANY COUNTY EQUALS OR EXCEEDS EIGHTEEN PER CENT, THE STATE
DEPARTMENT SHALL IMMEDIATELY NOTIFY THE COUNTY DEPARTMENT OF 23,388
HUMAN SERVICES. 23,389
(G) ONLY PARTICIPATION IN THE WORK COMPONENT ON OR AFTER 23,392
OCTOBER 1, 1997, APPLIES TO THE TIME LIMIT ESTABLISHED BY THIS 23,393
SECTION. THE TIME LIMIT APPLIES REGARDLESS OF THE SOURCE OF 23,394
FUNDING FOR THE COMPONENT. ASSISTANCE UNDER TITLE IV-A PROVIDED 23,397
BY ANY STATE APPLIES TO THE TIME LIMIT. THE TIME LIMIT IS A 23,398
LIFETIME LIMIT. NO ASSISTANCE GROUP SHALL RECEIVE ASSISTANCE 23,399
UNDER THE COMPONENT IN VIOLATION OF THE TIME LIMIT FOR ASSISTANCE 23,400
UNDER TITLE IV-A ESTABLISHED BY SECTION 408(a)(7) OF THE "SOCIAL 23,403
SECURITY ACT," AS AMENDED BY THE "PERSONAL RESPONSIBILITY AND 23,404
WORK OPPORTUNITY RECONCILIATION ACT OF 1996," 110 STAT. 2105, 42 23,406
U.S.C.A. 608(a)(7). 23,407
Sec. 5107.07 5107.25. (A) The acceptance of aid under 23,417
this chapter AS USED IN THIS SECTION, "SUPPORT" HAS THE SAME 23,418
MEANING AS IN SECTION 3113.21 OF THE REVISED CODE. 23,419
PARTICIPATION IN THE WORK COMPONENT constitutes an 23,421
assignment to the department of human services of any rights an 23,423
individual receiving aid has MEMBERS OF AN ASSISTANCE GROUP HAVE 23,424
to support from any other person, excluding medical support 23,425
assigned pursuant to section 5101.59 of the Revised Code. The 23,426
rights to support assigned to the department pursuant to this 23,427
section constitute an obligation of the person who is responsible 23,428
for providing the support to the state for the amount of aid 23,429
559
payments CASH ASSISTANCE PROVIDED to the recipient or recipients 23,431
whose needs are included in determining the amount of aid 23,432
received ASSISTANCE GROUP. Support 23,433
A CHILD SUPPORT ENFORCEMENT AGENCY SHALL COLLECT AND 23,435
DISTRIBUTE SUPPORT payments assigned to the state pursuant to 23,437
this section shall be collected by the county administration, and 23,438
reimbursements for aid payments shall be credited to the county, 23,439
state, and federal governments in the same proportions as they 23,440
participate in the financing of such payments. Support 23,441
obligations owed to children shall be distributed WORK COMPONENT 23,442
PARTICIPANTS, WHETHER ASSIGNED TO THE DEPARTMENT OR UNASSIGNED, 23,443
in accordance with laws and rules applicable to the federal child 23,445
support program under the "Social Services Amendments of 1974," 23,446
88 Stat. 2351, 42 U.S.C.A. 651, as amended TITLE IV-D, FEDERAL 23,447
REGULATIONS, STATE STATUTES, AND RULES ADOPTED UNDER SECTION 23,448
5107.13 OF THE REVISED CODE. 23,449
(B) If a A child support enforcement agency THAT receives 23,452
in any month support payments that are made in accordance with a 23,453
support order and that are subject to division (A) of this 23,454
section, the agency, in accordance with division (A) of this 23,455
section and the rules adopted pursuant to division (D) of this 23,456
section, ASSIGNED TO THE DEPARTMENT shall pay the support 23,458
payments to the department of human services. Upon receipt of 23,459
any support payments pursuant to this division, the department, 23,460
in accordance with the rules adopted pursuant to division (D) of 23,461
this section and to the extent applicable, shall do all of the 23,462
following:
(1) If any of the support payments are received by the 23,465
child support enforcement agency in the month in which they were 23,467
due under the support order, pay the first fifty dollars of those 23,469
payments or the amount payable pursuant to division (E) of this 23,470
section to the obligee no later than fifteen days after the last 23,472
of those payments were received in the applicable month by the 23,473
agency; 23,474
560
(2) If any of the support payments are received by the 23,476
child support enforcement agency in a month subsequent to the 23,477
month in which the payments were due under the support order and 23,478
if the obligor made the support payments in the month in which 23,479
they were due under the support order, pay the first fifty 23,480
dollars of those support payments or the amount payable pursuant 23,481
to division (E) of this section to the obligee no later than 23,482
fifteen days after the last of those payments were received in 23,483
the applicable month by the agency; 23,484
(3) If divisions (B)(1) and (2) of this section are not 23,486
applicable, pay the full amount of the support payments to the 23,487
appropriate governmental entities in accordance with division (A) 23,488
of this section and the rules adopted pursuant to division (D) of 23,489
this section. 23,490
(C) Child support collections received by the state. IN 23,493
ACCORDANCE WITH FEDERAL STATUTES AND REGULATIONS, THE DEPARTMENT
SHALL DEPOSIT SUPPORT PAYMENTS IT RECEIVES pursuant to this 23,495
section shall be deposited in INTO the state treasury to the 23,497
credit of the child support collections fund, OR THE CHILD
SUPPORT ADMINISTRATIVE FUND, BOTH OF which is ARE hereby created. 23,500
Money credited to the fund FUNDS shall be used to make aid CASH 23,502
ASSISTANCE payments under this chapter THE WORK COMPONENT. 23,503
(D) The department of human services, in accordance with 23,505
section 111.15 of the Revised Code, shall adopt rules 23,506
establishing procedures for the administration of this section. 23,507
The rules shall include, but are not limited to, all of the 23,508
following: 23,509
(1) Procedures to ensure that the payments required by 23,511
divisions (B)(1) and (2) of this section are made within the 23,512
required period of time; 23,513
(2) Procedures establishing a period of time within which 23,515
child support enforcement agencies are required to pay support 23,516
payments to the department of human services pursuant to division 23,517
(B) of this section, which specified period of time shall enable 23,518
561
the department to comply with the time deadlines in divisions 23,519
(B)(1) and (2) of this section; 23,520
(3) Procedures to ensure compliance with division (E) of 23,522
this section; 23,523
(4) Any other procedures necessary to ensure compliance 23,525
with any applicable state or federal laws. 23,526
(E) If the amount of support payments that federal law 23,528
requires to be disregarded in determining eligibility for aid 23,529
under this chapter exceeds fifty dollars, the amount paid to an 23,530
obligee pursuant to divisions (B)(1) and (2) of this section 23,531
shall be the amount that federal law requires to be disregarded 23,532
when determining the eligibility of the family of an obligee for 23,533
aid under this chapter. 23,534
(F) As used in this section, "support order," "support," 23,536
"obligee," and "obligor" have the same meanings as in section 23,537
3113.21 of the Revised Code. 23,538
Sec. 5107.071 5107.27. (A) As used in this section: 23,548
(1) "Caretaker", "CARETAKER" means the parent of a MINOR 23,551
child or a relative acting in the parent's place. 23,552
(2) "Child support enforcement agency" means the entity 23,554
designated as the child support enforcement agency under section 23,555
2301.35 of the Revised Code. 23,557
(3) "Paternity establishment or child support proceeding" 23,559
means an interview or administrative hearing to establish a 23,561
child's paternity or a support order for a child or a court
proceeding to establish a child's paternity or establish, modify, 23,562
or enforce a child support order. 23,563
(4) "The implementation date of this section" means the 23,565
date this section is implemented as provided in rules adopted 23,566
under section 5101.09 of the Revised Code. 23,567
(B) Unless good cause for failure or refusal exists AS 23,569
DETERMINED PURSUANT TO RULES ADOPTED UNDER SECTION 5107.13 OF THE 23,571
REVISED CODE, the caretaker of a MINOR child shall cooperate, if 23,573
the caretaker is a member of the child's assistance group, in 23,574
562
establishing the child's paternity and establishing, modifying, 23,575
and enforcing a support order for the child. The child support 23,576
enforcement agency with responsibility for administering the 23,577
assistance group's paternity and support order requirements shall 23,579
determine whether the caretaker is cooperating under this
section. Cooperation includes providing sufficient information 23,580
available to the caretaker to verify the identity of the MINOR 23,581
child's father and establish, modify, and enforce a support 23,582
order. Sufficient information may include, but is not limited 23,583
to, the following about the father or each man suspected of being 23,584
the father:
(1) Name, past or present address, and telephone number; 23,586
(2) Date of birth; 23,588
(3) Social security number; 23,589
(4) Past or present place of employment or school; 23,591
(5) The names and past or present addresses and telephone 23,593
numbers of relatives or friends; 23,594
(6) Other information the agency determines is necessary 23,596
to identify the father and establish a support order. 23,597
Information is available to the caretaker if the caretaker 23,599
can obtain the information through reasonable, diligent efforts. 23,600
Cooperation includes submitting, or having the child 23,602
submit, to genetic tests that the child support enforcement 23,603
agency or court requires. Cooperation may also include not 23,604
failing or refusing to appear at two or more consecutive 23,605
paternity establishment or child support proceedings. 23,606
(C)(1) A caretaker has good cause for failure or refusal 23,609
to cooperate under this section if the child support enforcement 23,610
agency determines that cooperation is against the best interest 23,611
of the child because of any of the following: 23,612
(a) Cooperation is reasonably anticipated to result in 23,614
physical harm to the child; 23,616
(b) Cooperation is reasonably anticipated to result in 23,619
physical harm to the caretaker which would reduce the caretaker's 23,620
563
ability to care for the child adequately; 23,621
(c) The child was conceived as the result of incest or 23,623
forcible rape.
(2) A caretaker who claims good cause for failure or 23,625
refusal to cooperate under this section shall provide the child 23,626
support enforcement agency corroborative evidence supporting the 23,627
claim. A good-cause claim may be corroborated with either of the 23,629
following evidence:
(a) A court, medical, criminal, child protective services, 23,632
social services, psychological, or law enforcement record, or 23,633
other credible and competent evidence, that indicates that the 23,634
person who could be determined to be the father or against whom a 23,635
support order could be established might inflict physical harm on 23,636
the child or caretaker;
(b) A birth certificate or medical or law enforcement 23,639
record that indicates the child was conceived as the result of 23,640
incest or forcible rape.
(D) A child support enforcement agency shall notify the 23,643
county department of human services serving the county in which a 23,644
caretaker resides if the agency determines that the caretaker has 23,645
failed or refused to cooperate under this section without good 23,646
cause and the caretaker is a member of an assistance group 23,647
determined or redetermined eligible for aid under this chapter on 23,649
or after the implementation date of this section. Subject to the 23,651
terms and conditions of federal waivers granted pursuant to an 23,653
application made under section 5101.09 of the Revised Code, the 23,654
county department, on receipt of the notice, shall terminate the 23,656
caretaker's eligibility for aid under this chapter. Unless the 23,658
caretaker subsequently reapplies for aid under this chapter and 23,659
cooperates in establishing the child's paternity and 23,661
establishing, modifying, and enforcing a child support order for 23,664
the child not later than two years after losing eligibility under 23,665
this section, the county department shall terminate the
eligibility for aid under this chapter of each member of the 23,667
564
caretaker's former assistance group. If the assistance group 23,668
subsequently reapplies for aid under this chapter and the 23,669
caretaker cooperates in establishing the minor child's paternity 23,670
and establishing, modifying, and enforcing a child support order 23,673
for the child, the county department shall reinstate the 23,674
assistance group's eligibility for aid under this chapter if the 23,676
assistance group meets all other requirements for aid under this 23,679
chapter.
(E) A person who would be eligible for aid under this 23,683
chapter if not for this section is eligible for medical 23,685
assistance under Chapter 5111. of the Revised Code.
(F) If any provision of this section conflicts with the 23,688
terms and conditions of a federal waiver granted pursuant to an 23,689
application made under section 5101.09 of the Revised Code, the 23,690
terms and conditions of the federal waiver prevail PARTICIPATING 23,691
IN THE WORK COMPONENT.
Sec. 5107.031 5107.29. (A) As used in this section: 23,700
(1) "Adult-supervised living arrangement" means a family 23,702
setting approved, licensed, or certified by the department of 23,704
human services, the department of mental health, the department 23,705
of mental retardation and developmental disabilities, the 23,706
department of youth services, a public children services agency, 23,707
or a private child placing agency, OR A PRIVATE NONCUSTODIAL 23,708
AGENCY that is maintained by a person age eighteen or older who 23,709
assumes responsibility for the care and control of a minor 23,710
parent, pregnant minor, or child of a minor parent or provides 23,711
the minor parent, pregnant minor, or child of a minor parent 23,712
supportive services, including counseling, guidance, and 23,713
supervision. "Adult-supervised living arrangement" does not mean 23,714
a public institution. 23,715
(2) "Child of a minor parent" means a child born to a 23,718
minor parent, except that the child ceases to be considered a 23,719
child of a minor parent when the minor parent attains age 23,720
eighteen.
565
(3) "Minor parent" means a parent who is under age 23,722
eighteen and has never IS NOT married. 23,724
(4) "Other adult relative" has the meaning given in rules 23,727
adopted by the department of human services under this section. 23,728
(5) "Pregnant minor" means a pregnant person who is under 23,730
age eighteen and has never NOT married. 23,732
(6) "Private child placing agency" and "public children 23,734
services agency" have the same meanings as in section 2151.011 of 23,735
the Revised Code.
(B)(1) Except as provided in division (C)(B)(2) of this 23,738
section, beginning on the effective date of the rules adopted
under division (F) of this section, a pregnant minor, minor 23,739
parent, or child of a minor parent must reside in an 23,741
adult-supervised living arrangement A PLACE OF RESIDENCE 23,742
MAINTAINED BY A PARENT, LEGAL GUARDIAN, OR SPECIFIED RELATIVE OF 23,743
THE PREGNANT MINOR OR MINOR PARENT AS THE PARENT'S, GUARDIAN'S, 23,744
OR SPECIFIED RELATIVE'S OWN HOME to be eligible for assistance 23,746
under this chapter TO PARTICIPATE IN THE WORK COMPONENT.
(C)(2) A pregnant minor, minor parent, or child of a minor 23,749
parent is exempt from the requirement of division (B)(1) of this 23,750
section if any of the following apply:
(1)(a) The minor parent or pregnant minor does not have a 23,752
parent or, legal guardian, OR SPECIFIED RELATIVE LIVING OR WHOSE 23,754
WHEREABOUTS ARE known to be residing in this state.
(2) The (b) NO parent or, legal guardian, OR SPECIFIED 23,757
RELATIVE of the minor parent or pregnant minor will not allow the 23,758
pregnant minor, minor parent, or minor parent's child to live in 23,759
the parent's or, legal guardian's, OR SPECIFIED RELATIVE'S home. 23,761
(3)(c) The department of human services, a county 23,763
department of human services, or a public children services 23,765
agency determines that the physical or emotional health or safety 23,766
of the pregnant minor, minor parent, or minor parent's child 23,767
would be in jeopardy if the pregnant minor, minor parent, or 23,768
minor parent's child lived in the same home as the parent or, 23,769
566
legal guardian, OR SPECIFIED RELATIVE. 23,770
(4) The pregnant minor or minor parent did not live in an 23,772
adult-supervised living arrangement for a period of not less than 23,773
one year before the date of making application for assistance 23,774
under this chapter, or, in the case of a minor parent, not less 23,775
than one year before the date the minor parent most recently 23,776
became a parent. 23,777
(5)(d) The department of human services, A COUNTY 23,779
DEPARTMENT OF HUMAN SERVICES, OR A PUBLIC CHILDREN SERVICES 23,780
AGENCY OTHERWISE determines that there is other good cause for 23,782
exemption IT IS IN THE BEST INTEREST OF THE PREGNANT MINOR, MINOR 23,783
PARENT, OR MINOR PARENT'S CHILD TO WAIVE THE REQUIREMENT OF 23,784
DIVISION (B)(1) OF THIS SECTION.
(C) A PREGNANT MINOR, MINOR PARENT, OR CHILD OF A MINOR 23,786
PARENT EXEMPT FROM THE REQUIREMENT OF DIVISION (B)(1) OF THIS 23,788
SECTION MUST RESIDE IN AN ADULT-SUPERVISED LIVING ARRANGEMENT TO 23,789
BE ELIGIBLE TO PARTICIPATE IN THE WORK COMPONENT. 23,790
(D) The department of human services, whenever possible, 23,792
shall provide CASH assistance under this chapter THE WORK 23,793
COMPONENT to the parent, legal guardian, or other adult SPECIFIED 23,795
relative of a pregnant minor, OR minor parent, or child of a 23,797
minor parent on behalf of the pregnant minor, minor parent, or 23,798
minor parent's child.
(E) A child of a minor parent who would be eligible for 23,800
aid under this chapter if not for this section is eligible for 23,803
medical assistance under Chapter 5111. of the Revised Code. 23,804
(F) The department of human services shall submit an 23,806
amendment to the plan for aid to dependent children the 23,807
department is required to submit to the United States secretary 23,808
of health and human services under division (A)(1) of section 23,809
5107.02 of the Revised Code. Not later than six months after the 23,811
date the department receives approval of the amendment, the
department shall adopt rules in accordance with section 111.15 of 23,812
the Revised Code to implement this section. 23,813
567
Sec. 5107.31. (A) As used in this section: 23,822
(1) "Implementation date" means the date this section is 23,824
implemented pursuant to rules adopted under section 5101.09 of 23,825
the Revised Code.
(2) "Transitional child day-care" means the PUBLICLY 23,828
FUNDED child day-care provided in accordance with Title IV-A of 23,830
the "Social Security Act," 49 Stat. 627 (1935), 42 U.S.C. 602(g), 23,831
as amended, for not more than twelve months, to an assistance 23,832
group that has ceased to receive aid under this chapter due to 23,833
employment UNDER DIVISION (A)(3) OF SECTION 5104.34 OF THE 23,834
REVISED CODE.
(3)(2) "Transitional medicaid" means the medical 23,836
assistance provided under section 5111.023 of the Revised Code, 23,838
for not more than eighteen months, to an assistance group that 23,839
ceased to receive aid under this chapter due to employment. 23,840
(B) Subject to the terms and conditions of federal waivers 23,842
granted pursuant to an application made under section 5101.09 of 23,843
the Revised Code and except EXCEPT as provided in division (C) of 23,844
this section, each member of an assistance group receiving aid 23,845
under this chapter PARTICIPATING IN THE WORK COMPONENT is 23,846
ineligible for aid under this chapter TO PARTICIPATE IN THE 23,847
COMPONENT for six PAYMENT months beginning on the day IF A COUNTY 23,849
DEPARTMENT OF HUMAN SERVICES DETERMINES THAT a member of the 23,851
assistance group terminates TERMINATED the member's employment 23,852
and each person who was a member of the assistance group of a 23,853
recipient of transitional child day-care or transitional medicaid 23,854
on the day prior to the day the recipient begins to receive 23,855
transitional child day-care or transitional medicaid is 23,856
ineligible for aid under this chapter TO PARTICIPATE IN THE WORK 23,857
COMPONENT for six PAYMENT months beginning on the day IF A COUNTY 23,858
DEPARTMENT DETERMINES THAT the recipient terminates TERMINATED 23,859
the recipient's employment. A person who would be eligible for 23,861
aid under this chapter if not for this section is eligible for 23,863
medical assistance under Chapter 5111. of the Revised Code. 23,864
568
(C) No person ASSISTANCE GROUP MEMBER shall lose or be 23,867
denied eligibility for aid under this chapter TO PARTICIPATE IN 23,868
THE WORK COMPONENT pursuant to division (B) of this section if 23,870
the bureau of employment COUNTY DEPARTMENT OF HUMAN services 23,871
certifies that the person ASSISTANCE GROUP MEMBER WHO terminated 23,873
employment DID SO with just cause. The bureau shall adopt rules 23,874
in accordance with section 111.15 of the Revised Code 23,875
establishing procedures to certify whether a person terminated
employment with just cause. If the bureau adopts the rules after 23,877
the implementation date of this section, no person shall lose or 23,878
be denied eligibility for aid under this chapter pursuant to 23,879
division (B) of this section until the effective date of the 23,880
bureau's rules.
(D) If any provision of this section conflicts with the 23,882
terms and conditions of a federal waiver granted pursuant to an 23,883
application made under section 5101.09 of the Revised Code, the 23,884
terms and conditions of the federal waiver prevail. JUST CAUSE 23,885
INCLUDES THE FOLLOWING:
(1) DISCRIMINATION BY AN EMPLOYER BASED ON AGE, RACE, SEX, 23,888
COLOR, HANDICAP, RELIGIOUS BELIEFS, OR NATIONAL ORIGIN;
(2) WORK DEMANDS OR CONDITIONS THAT RENDER CONTINUED 23,890
EMPLOYMENT UNREASONABLE, SUCH AS WORKING WITHOUT BEING PAID ON 23,891
SCHEDULE; 23,892
(3) EMPLOYMENT THAT HAS BECOME UNSUITABLE DUE TO ANY OF 23,894
THE FOLLOWING: 23,895
(a) THE WAGE IS LESS THAN THE FEDERAL MINIMUM WAGE; 23,897
(b) THE WORK IS AT A SITE SUBJECT TO A STRIKE OR LOCKOUT, 23,900
UNLESS THE STRIKE HAS BEEN ENJOINED UNDER SECTION 208 OF THE 23,901
"LABOR-MANAGEMENT RELATIONS ACT," 61 STAT. 155 (1947), 29 23,903
U.S.C.A. 178, AS AMENDED, AN INJUNCTION HAS BEEN ISSUED UNDER 23,904
SECTION 10 OF THE "RAILWAY LABOR ACT," 44 STAT. 586 (1926), 45 23,906
U.S.C.A. 160, AS AMENDED, OR AN INJUNCTION HAS BEEN ISSUED UNDER 23,907
SECTION 4117.16 OF THE REVISED CODE; 23,908
(c) THE DOCUMENTED DEGREE OF RISK TO THE ASSISTANCE GROUP 23,911
569
MEMBER'S HEALTH AND SAFETY IS UNREASONABLE; 23,912
(d) THE ASSISTANCE GROUP MEMBER IS PHYSICALLY OR MENTALLY 23,915
UNFIT TO PERFORM THE EMPLOYMENT, AS DOCUMENTED BY MEDICAL 23,916
EVIDENCE OR BY RELIABLE INFORMATION FROM OTHER SOURCES. 23,917
(4) DOCUMENTED ILLNESS OF THE ASSISTANCE GROUP MEMBER OR 23,920
OF ANOTHER ASSISTANCE GROUP MEMBER REQUIRING THE PRESENCE OF THE 23,921
ASSISTANCE GROUP MEMBER;
(5) A DOCUMENTED HOUSEHOLD EMERGENCY; 23,923
(6) LACK OF ADEQUATE CHILD CARE FOR CHILDREN OF THE 23,925
ASSISTANCE GROUP MEMBER WHO ARE UNDER SIX YEARS OF AGE. 23,927
Sec. 5107.30 5107.33. (A) As used in this section: 23,936
(1) "LEAP program" means the learning, earning, and 23,938
parenting program. 23,939
(2) "Teen" means a recipient PARTICIPANT of aid to 23,941
dependent children under Chapter 5107. of the Revised Code THE 23,943
WORK COMPONENT who is under age twenty and is a natural or 23,945
adoptive parent or is pregnant.
(3) "School" means an educational program that is designed 23,947
to lead to the attainment of a high school diploma or the 23,948
equivalent of a high school diploma. 23,949
(B) The department of human services may adopt rules under 23,951
section 111.15 5107.13 of the Revised Code, to the extent that 23,952
such rules are consistent with federal law, to do all of the 23,954
following:
(1) Define "good cause" and "the equivalent of a high 23,956
school diploma" for the purposes of this section; 23,957
(2) Conduct one or more special demonstration programs 23,959
titled the "LEAP program," and establish requirements governing 23,961
the program. The purpose of the LEAP program is to encourage 23,962
teens to complete school. 23,963
(3) Require every teen who is subject to LEAP program 23,965
requirements to attend school in accordance with the requirements 23,966
governing the program unless the teen shows good cause for not 23,967
attending school. The department shall provide, in addition to 23,968
570
the aid CASH ASSISTANCE payment provided under Chapter 5107. of 23,970
the Revised Code THE WORK COMPONENT, an incentive payment, in an 23,972
amount determined by the department, to every teen who is 23,973
participating in the LEAP program and attends school in 23,974
accordance with the requirements governing the program. The 23,975
department shall reduce the aid CASH ASSISTANCE payment, in an 23,976
amount determined by the department, under Chapter 5107. of the 23,977
Revised Code THE WORK COMPONENT to every teen participating in 23,979
the LEAP program who fails or refuses, without good cause, to 23,980
attend school in accordance with the requirements governing the 23,981
program.
(4) Require every teen who is subject to LEAP program 23,983
requirements to enter into a written agreement with the county 23,984
department of human services that provides all of the following: 23,985
(a) The teen, to be eligible to receive the incentive 23,987
payment under division (B)(3) of this section, must attend school 23,988
in accordance with the requirements of the LEAP program; 23,989
(b) The county department will provide the incentive 23,991
payment to the teen if the teen attends school; 23,992
(c) The county department will reduce the aid CASH 23,994
ASSISTANCE payment under Chapter 5107. of the Revised Code THE 23,996
WORK COMPONENT if the teen fails or refuses to attend school in 23,998
accordance with the requirements governing the LEAP program. 23,999
(5) Evaluate the demonstration programs established under 24,001
this section. In conducting the evaluations, the state 24,002
department of human services shall select control groups of teens 24,003
who are otherwise subject to the LEAP program requirements. 24,004
(C) A teen who is participating in the LEAP program shall 24,007
be considered to be participating in the JOBS program established 24,008
under A WORK ACTIVITY FOR THE PURPOSE OF sections 5101.80 5107.40 24,009
to 5101.94 5107.68 of the Revised Code. However, the teen is not 24,010
subject to the requirements or sanctions of the JOBS program 24,012
THOSE SECTIONS, unless the teen is over age eighteen and meets 24,014
the LEAP program requirements by participating regularly in 24,015
571
training or work components of the JOBS program ACTIVITIES, 24,016
DEVELOPMENTAL ACTIVITIES, OR ALTERNATIVE WORK ACTIVITIES UNDER 24,018
THOSE SECTIONS.
Sec. 5107.18 5107.35. (A) To the extent that such a 24,027
program can be established without violating federal requirements 24,029
for state participation in the aid to dependent children program 24,030
established under the "Social Security Act," 49 Stat. 627 (1935), 24,031
42 U.S.C.A. 601, as amended, the AS USED IN THIS SECTION AND IN 24,033
SECTIONS 5107.351 TO 5107.357 OF THE REVISED CODE: 24,034
(1) "CASH ASSISTANCE PAYMENT" MEANS THE MONTHLY AMOUNT AN 24,036
ASSISTANCE GROUP IS ELIGIBLE TO RECEIVE UNDER THE WORK COMPONENT. 24,038
(2) "PARENT" MEANS THE PARENT, LEGAL GUARDIAN, OR 24,040
SPECIFIED RELATIVE WITH CHARGE OR CARE OF A LEARNFARE 24,041
PARTICIPANT.
(3) "PARTICIPATING STUDENT" MEANS A PARTICIPANT OF THE 24,043
WORK COMPONENT WHO IS SUBJECT TO THE SCHOOL ATTENDANCE 24,045
REQUIREMENT OF THE LEARNFARE PROGRAM AS DETERMINED UNDER SECTION
5107.351 OF THE REVISED CODE. 24,046
(B) THE state department of human services shall establish 24,050
the learnfare program in Allen county and another county selected 24,051
by the state department. The Allen county department of human 24,052
services and the. THE BOARD OF COUNTY COMMISSIONERS OF ANY 24,053
COUNTY MAY CHOOSE TO HAVE THE COUNTY PARTICIPATE IN THE LEARNFARE 24,054
PROGRAM. THE county department of human services that 24,055
administers the aid to dependent children program in the other 24,056
county selected by the state department to participate in the 24,057
learnfare program OF EACH PARTICIPATING COUNTY shall administer 24,058
the program in accordance with rules adopted by the state 24,059
department under section 5107.20 5107.13 of the Revised Code. 24,060
(B)(C) The program shall provide for reduction in the CASH 24,063
assistance payment to a learnfare participant's THE assistance 24,064
group OF A PARTICIPATING STUDENT if the participant STUDENT fails 24,065
to comply with the program's school attendance requirement two or 24,067
more times during a school year.
572
(C)(D) The program shall MAY provide for an incentive 24,070
established by rule adopted by the director of human services
under section 5107.20 of the Revised Code to encourage a parent 24,071
or, if the participant A PARTICIPATING STUDENT is age eighteen or 24,073
nineteen, a participant YEARS OF AGE, THE STUDENT to consent to 24,075
the release of the participant's PARTICIPATING STUDENT'S school 24,076
attendance records and the participant PARTICIPATING STUDENT to 24,077
comply with the program's school attendance requirement. 24,079
(D) The state department shall implement the learnfare 24,081
program in Allen county and another county selected by the state 24,082
department at the beginning of the first school year after the 24,083
state department receives a federal waiver for the program. The 24,084
state department shall operate the learnfare program for three 24,085
years. Not later than ninety days after the end of the program, 24,086
the state department of human services shall evaluate the program 24,087
and submit a report of the evaluation to the governor, the 24,088
president of the senate, and the speaker of the house of 24,089
representatives. 24,090
Sec. 5107.19 5107.351. A recipient PARTICIPANT of 24,100
assistance under this chapter THE WORK COMPONENT who is enrolled 24,102
in a school district IN A COUNTY THAT IS participating in the 24,103
learnfare program and is not younger than age six but not older 24,104
than age nineteen shall participate in the learnfare program 24,105
unless one of the following is the case: 24,106
(A) The recipient PARTICIPANT is not yet eligible for 24,108
enrollment in first grade; 24,110
(B) The recipient PARTICIPANT is subject to the LEAP 24,112
program under section 5107.30 5107.33 of the Revised Code; 24,114
(C) The recipient PARTICIPANT has received one of the 24,116
following: 24,117
(1) A high school diploma; 24,119
(2) A certificate stating that he THE PARTICIPANT has 24,121
achieved the equivalent of a high school education as measured by 24,123
scores obtained on the tests of general educational development 24,124
573
as published by the American council on education;. 24,125
(D) The recipient PARTICIPANT has been excused from school 24,127
attendance pursuant to section 3321.04 of the Revised Code; 24,129
(E) If child care services for a member of the recipient's 24,131
PARTICIPANT'S household are necessary for the recipient 24,132
PARTICIPANT to attend school, child care licensed or certified 24,134
under Chapter 5104. of the Revised Code OR UNDER SECTIONS 3301.52 24,135
TO 3301.59 OF THE REVISED CODE and transportation to and from the 24,136
child care are not available; 24,137
(F) The recipient PARTICIPANT has been adjudicated a 24,139
delinquent or unruly child pursuant to section 2151.28 of the 24,141
Revised Code.
Sec. 5107.21 5107.352. The first time during a school year 24,150
that a learnfare participant PARTICIPATING STUDENT fails to 24,152
comply with the LEARNFARE program's school attendance 24,154
requirement, the county department of human services shall send 24,155
the parent a notice warning that, if the participant STUDENT 24,156
fails a second or subsequent time in the school year to comply 24,157
with the school attendance requirement, the assistance group's 24,158
CASH assistance payment for the second month following report of 24,159
the failure under section 5107.26 5107.357 of the Revised Code 24,161
will be reduced to the amount the assistance group would be 24,163
eligible to receive if the participant STUDENT was not a member 24,164
of the assistance group. The county department shall send the 24,166
notice not later than the last day of the month that it is 24,167
informed of the first failure to comply. 24,168
If a participant PARTICIPATING STUDENT fails two or more 24,170
times in a school year to comply with the school attendance 24,172
requirement, the county department shall reduce the assistance 24,173
group's CASH assistance payment for the second month following 24,174
report of the failure. The county department shall reduce the 24,176
CASH assistance payment to the amount the assistance group would 24,177
be eligible to receive if the participant PARTICIPATING STUDENT 24,178
was not a member of the assistance group. 24,179
574
Sec. 5107.22 5107.353. The county department of human 24,188
services shall MAY provide the AN incentive established by rule 24,190
adopted by the director of human services under division (B) of 24,192
section 5107.20 of the Revised Code ESTABLISHED BY THE COUNTY 24,193
DEPARTMENT to the participant PARTICIPATING STUDENT or 24,194
participant's STUDENT'S assistance group, whichever is 24,195
appropriate, if the parent or, if the participant STUDENT is age 24,198
eighteen or nineteen YEARS OF AGE, the participant STUDENT, 24,199
consents to the release of the participant's STUDENT'S school 24,200
attendance records and the participant STUDENT complies with the 24,202
school attendance requirement established by rule adopted under 24,203
division (A) of THAT section 5107.20 of the Revised Code. If the 24,204
AN incentive is MAY BE an increased CASH assistance payment, the 24,206
county department shall provide the increase only if the general 24,208
assembly appropriates funds for the increase OR OTHER FORM OF 24,209
INCENTIVE.
Sec. 5107.23 5107.354. The county department of human 24,218
services shall require the parent of each learnfare participant 24,221
PARTICIPATING STUDENT, or, if the participant STUDENT is age 24,222
eighteen or nineteen YEARS OF AGE, the participant STUDENT to 24,223
consent to release of the participant's STUDENT'S school 24,224
attendance records. If the parent or participant PARTICIPATING 24,225
STUDENT refuses to consent, the county department shall reduce 24,227
the assistance group's CASH assistance payment for the month 24,229
immediately following the month of the refusal and each month
thereafter until consent is given. The CASH assistance payment 24,230
shall be reduced to the amount the assistance group would be 24,232
eligible to receive if neither the participant PARTICIPATING 24,233
STUDENT nor the parent were members of the assistance group. 24,234
Sec. 5107.24 5107.355. Notwithstanding a reduction in an A 24,245
CASH assistance payment under section 5107.21 5107.352 or 5107.23 24,246
5107.354 of the Revised Code, all members of the assistance group 24,248
who are otherwise eligible for assistance TO PARTICIPATE IN THE 24,249
WORK COMPONENT shall continue to be considered recipients 24,251
575
PARTICIPANTS of assistance under this chapter and eligible for 24,252
medical assistance under Chapter 5111. of the Revised Code 24,254
COMPONENT.
Sec. 5107.25 5107.356. Communications between the school 24,263
district and the county department of human services concerning 24,265
the learnfare participant's A PARTICIPATING STUDENT'S attendance 24,266
shall be made only through the attendance officers and assistants 24,267
appointed under section 3321.14 or 3321.15 of the Revised Code. 24,268
Sec. 5107.26 5107.357. Not later than the beginning of the 24,277
first school year after the department of human services receives 24,279
a federal waiver to implement the learnfare program, the THE 24,280
state board of education, in consultation with the director of 24,281
human services, shall adopt rules defining "good cause for being 24,282
absent from school" and specifying what constitutes a day of 24,283
attendance for purposes of the learnfare program's school 24,284
attendance requirement. 24,285
Not later than the fifteenth day of each month of a school 24,287
year or another time agreed to by the department of human 24,288
services and state board of education but not later than the 24,289
thirtieth day of each month, each attendance officer or assistant 24,290
appointed under section 3321.14 or 3321.15 of the Revised Code 24,291
who oversees the attendance of students enrolled in the school 24,292
districts selected by the state department of human services to 24,293
participate OF A COUNTY THAT IS PARTICIPATING in the learnfare 24,294
program shall report to the appropriate county department of 24,296
human services the previous month's school attendance record of 24,297
each learnfare participant PARTICIPATING STUDENT. The report 24,299
shall specify which if any of the participant's PARTICIPATING 24,300
STUDENT'S absences are excused because the absence meets the 24,301
definition of "good cause for being absent from school." No 24,302
absence for which there is good cause shall be considered in 24,303
determining whether a participant PARTICIPATING STUDENT has 24,304
complied with the learnfare program's school attendance 24,306
requirement.
576
Sec. 5107.40. AS USED IN SECTIONS 5107.40 TO 5107.68 OF 24,308
THE REVISED CODE:
(A) "ALTERNATIVE WORK ACTIVITY" MEANS AN ACTIVITY DESIGNED 24,311
TO PROMOTE SELF SUFFICIENCY AND PERSONAL RESPONSIBILITY 24,312
ESTABLISHED BY A COUNTY DEPARTMENT OF HUMAN SERVICES UNDER 24,313
SECTION 5107.64 OF THE REVISED CODE. 24,314
(B) "DEVELOPMENTAL ACTIVITY" MEANS AN ACTIVITY DESIGNED TO 24,316
PROMOTE SELF SUFFICIENCY AND PERSONAL RESPONSIBILITY ESTABLISHED 24,317
BY A COUNTY DEPARTMENT OF HUMAN SERVICES UNDER SECTION 5107.62 OF 24,319
THE REVISED CODE.
(C) "HIGH SCHOOL EQUIVALENCE DIPLOMA" MEANS A DIPLOMA 24,322
ATTESTING TO ACHIEVEMENT OF THE EQUIVALENT OF A HIGH SCHOOL 24,323
EDUCATION AS MEASURED BY SCORES OBTAINED ON THE TESTS OF GENERAL 24,324
EDUCATIONAL DEVELOPMENT PUBLISHED BY THE AMERICAN COUNCIL ON 24,326
EDUCATION. "HIGH SCHOOL EQUIVALENCE DIPLOMA" INCLUDES A 24,327
CERTIFICATE OF HIGH SCHOOL EQUIVALENCE ISSUED PRIOR TO JANUARY 1, 24,328
1994, ATTESTING TO THE ACHIEVEMENT OF THE EQUIVALENT OF A HIGH 24,329
SCHOOL EDUCATION AS MEASURED BY SCORES OBTAINED ON TESTS OF 24,330
GENERAL EDUCATIONAL DEVELOPMENT. 24,331
(D) "WORK ACTIVITY" MEANS THE FOLLOWING: 24,334
(1) UNSUBSIDIZED EMPLOYMENT ACTIVITIES ESTABLISHED UNDER 24,336
SECTION 5107.60 OF THE REVISED CODE; 24,338
(2) THE SUBSIDIZED EMPLOYMENT PROGRAM ESTABLISHED UNDER 24,340
SECTION 5107.52 OF THE REVISED CODE; 24,342
(3) THE WORK EXPERIENCE PROGRAM ESTABLISHED UNDER SECTION 24,344
5107.54 OF THE REVISED CODE; 24,346
(4) ON-THE-JOB TRAINING ACTIVITIES ESTABLISHED UNDER 24,348
SECTION 5107.60 OF THE REVISED CODE; 24,350
(5) THE JOB SEARCH AND READINESS PROGRAM ESTABLISHED UNDER 24,353
SECTION 5107.50 OF THE REVISED CODE; 24,355
(6) COMMUNITY SERVICE ACTIVITIES ESTABLISHED UNDER SECTION 24,358
5107.60 OF THE REVISED CODE; 24,359
(7) VOCATIONAL EDUCATIONAL TRAINING ACTIVITIES ESTABLISHED 24,362
UNDER SECTION 5107.60 OF THE REVISED CODE; 24,364
577
(8) JOBS SKILLS TRAINING ACTIVITIES ESTABLISHED UNDER 24,366
SECTION 5107.60 OF THE REVISED CODE THAT ARE DIRECTLY RELATED TO 24,369
EMPLOYMENT;
(9) EDUCATION ACTIVITIES ESTABLISHED UNDER SECTION 5107.60 24,372
OF THE REVISED CODE THAT ARE DIRECTLY RELATED TO EMPLOYMENT FOR 24,374
PARTICIPANTS OF THE WORK COMPONENT WHO HAVE NOT EARNED A HIGH 24,375
SCHOOL DIPLOMA OR HIGH SCHOOL EQUIVALENCE DIPLOMA; 24,376
(10) EDUCATION ACTIVITIES ESTABLISHED UNDER SECTION 24,378
5107.60 OF THE REVISED CODE FOR PARTICIPANTS OF THE WORK 24,381
COMPONENT WHO HAVE NOT COMPLETED SECONDARY SCHOOL OR RECEIVED A 24,382
HIGH SCHOOL EQUIVALENCE DIPLOMA UNDER WHICH THE PARTICIPANTS 24,383
ATTEND A SECONDARY SCHOOL OR A COURSE OF STUDY LEADING TO A HIGH 24,384
SCHOOL EQUIVALENCE DIPLOMA;
(11) CHILD-CARE SERVICE ACTIVITIES, INCLUDING TRAINING, 24,386
ESTABLISHED UNDER SECTION 5107.60 OF THE REVISED CODE TO AID 24,387
ANOTHER PARTICIPANT OF THE WORK COMPONENT ASSIGNED TO A COMMUNITY 24,388
SERVICE ACTIVITY OR OTHER WORK ACTIVITY; 24,389
(12) EDUCATIONAL ACTIVITIES ESTABLISHED UNDER SECTION 24,391
5107.58 OF THE REVISED CODE THAT ARE OPERATED PURSUANT TO A 24,394
FEDERAL WAIVER GRANTED BY THE UNITED STATES SECRETARY OF HEALTH 24,396
AND HUMAN SERVICES PURSUANT TO A REQUEST MADE UNDER FORMER 24,397
SECTION 5101.09 OF THE REVISED CODE; 24,399
(13) EXCEPT AS LIMITED BY DIVISION (C) OF SECTION 5107.33 24,402
OF THE REVISED CODE, THE LEAP PROGRAM ESTABLISHED UNDER THAT 24,406
SECTION.
Sec. 5107.41. AS SOON AS POSSIBLE, BUT NOT LATER THAN FIVE 24,409
BUSINESS DAYS AFTER AN ASSISTANCE GROUP SUBMITS AN APPLICATION TO 24,410
PARTICIPATE IN THE WORK COMPONENT, THE COUNTY DEPARTMENT OF HUMAN 24,411
SERVICES THAT RECEIVES THE APPLICATION SHALL SCHEDULE AND CONDUCT 24,412
A WORK APPRAISAL OF EACH MEMBER OF THE ASSISTANCE GROUP WHO IS AN 24,413
ADULT OR MINOR HEAD OF HOUSEHOLD. AT THE WORK APPRAISAL, THE 24,414
COUNTY DEPARTMENT SHALL DEVELOP WITH THE ADULT OR MINOR HEAD OF 24,415
HOUSEHOLD A PLAN FOR THE ASSISTANCE GROUP TO ACHIEVE THE GOAL OF 24,416
SELF SUFFICIENCY AND PERSONAL RESPONSIBILITY THROUGH UNSUBSIDIZED 24,417
578
EMPLOYMENT WITHIN THE TIME LIMIT FOR PARTICIPATING IN THE WORK 24,418
COMPONENT ESTABLISHED BY SECTION 5107.23 OF THE REVISED CODE. 24,420
THE PLAN SHALL INCLUDE ASSIGNMENTS TO ONE OR MORE WORK 24,421
ACTIVITIES, DEVELOPMENTAL ACTIVITIES, OR ALTERNATIVE WORK 24,422
ACTIVITIES IN ACCORDANCE WITH SECTION 5107.42 OF THE REVISED 24,424
CODE. THE COUNTY DEPARTMENT SHALL INCLUDE THE PLAN IN THE 24,425
SELF-SUFFICIENCY CONTRACT ENTERED INTO UNDER SECTION 5107.20 OF 24,426
THE REVISED CODE. 24,428
THE COUNTY DEPARTMENT SHALL CONDUCT MORE WORK APPRAISALS OF 24,431
THE ADULT OR MINOR HEAD OF HOUSEHOLD AT TIMES THE COUNTY
DEPARTMENT DETERMINES. 24,432
IF AN ADULT OR MINOR HEAD OF HOUSEHOLD CLAIMS TO HAVE A 24,434
MEDICALLY DETERMINABLE PHYSIOLOGICAL OR PSYCHOLOGICAL IMPAIRMENT, 24,436
ILLNESS, OR DISABILITY, THE COUNTY DEPARTMENT MAY REQUIRE THAT 24,437
THE ADULT OR MINOR HEAD OF HOUSEHOLD UNDERGO AN INDEPENDENT 24,438
MEDICAL OR PSYCHOLOGICAL EXAMINATION AT A TIME AND PLACE 24,439
REASONABLY CONVENIENT TO THE ADULT OR MINOR HEAD OF HOUSEHOLD. 24,440
Sec. 5107.42. COUNTY DEPARTMENTS OF HUMAN SERVICES SHALL 24,442
ASSIGN EACH MINOR HEAD OF HOUSEHOLD AND ADULT PARTICIPATING IN 24,443
THE WORK COMPONENT TO ONE OR MORE WORK ACTIVITIES OR 24,444
DEVELOPMENTAL ACTIVITIES UNLESS A COUNTY DEPARTMENT DETERMINES 24,445
THAT THE MINOR HEAD OF HOUSEHOLD OR ADULT HAS A TEMPORARY OR 24,446
PERMANENT BARRIER TO PARTICIPATING IN A WORK ACTIVITY. IF A 24,447
COUNTY DEPARTMENT DETERMINES THAT A MINOR HEAD OF HOUSEHOLD OR 24,448
ADULT HAS SUCH A BARRIER, IT SHALL ASSIGN THE MINOR HEAD OF 24,449
HOUSEHOLD OR ADULT TO ONE OR MORE ALTERNATIVE WORK ACTIVITIES. A 24,451
COUNTY DEPARTMENT MAY NOT ASSIGN MORE THAN TWENTY PER CENT OF
MINOR HEADS OF HOUSEHOLD AND ADULTS PARTICIPATING IN THE WORK 24,452
COMPONENT TO AN ALTERNATIVE WORK ACTIVITY. 24,453
IF A COUNTY DEPARTMENT ASSIGNS A MINOR HEAD OF HOUSEHOLD OR 24,456
ADULT TO THE WORK ACTIVITY SPECIFIED IN DIVISION (D)(11) OF 24,457
SECTION 5107.40 OF THE REVISED CODE, THE COUNTY DEPARTMENT SHALL 24,460
MAKE REASONABLE EFFORTS TO ASSIGN THE MINOR HEAD OF HOUSEHOLD OR 24,461
ADULT TO AT LEAST ONE OTHER WORK ACTIVITY AT THE SAME TIME. IF A 24,462
579
COUNTY DEPARTMENT ASSIGNS A MINOR HEAD OF HOUSEHOLD OR ADULT TO 24,463
THE WORK ACTIVITY SPECIFIED IN DIVISION (D)(12) OF SECTION 24,464
5107.40 OF THE REVISED CODE, THE COUNTY DEPARTMENT SHALL ASSIGN 24,467
THE MINOR HEAD OF HOUSEHOLD OR ADULT TO AT LEAST ONE OTHER WORK 24,468
ACTIVITY AT THE SAME TIME. A COUNTY DEPARTMENT SHALL COMPLY WITH 24,469
RULES ADOPTED UNDER SECTION 5107.13 OF THE REVISED CODE WHEN
ASSIGNING A MINOR HEAD OF HOUSEHOLD OR ADULT TO THE WORK 24,470
ACTIVITIES SPECIFIED IN DIVISIONS (D)(7) AND (12) OF SECTION 24,471
5107.40 OF THE REVISED CODE.
A COUNTY DEPARTMENT MAY REASSIGN A MINOR HEAD OF HOUSEHOLD 24,473
OR ADULT WHEN THE COUNTY DEPARTMENT DETERMINES REASSIGNMENT WILL 24,474
AID THE ASSISTANCE GROUP IN ACHIEVING SELF SUFFICIENCY AND 24,475
PERSONAL RESPONSIBILITY AND SHALL MAKE REASSIGNMENTS WHEN 24,476
CIRCUMSTANCES REQUIRING REASSIGNMENT OCCUR, INCLUDING WHEN A 24,477
TEMPORARY BARRIER TO PARTICIPATING IN A WORK ACTIVITY IS 24,478
ELIMINATED. 24,479
A COUNTY DEPARTMENT SHALL INCLUDE ASSIGNMENTS IN THE 24,481
SELF-SUFFICIENCY CONTRACT ENTERED INTO UNDER SECTION 5107.20 OF 24,482
THE REVISED CODE AND SHALL AMEND THE CONTRACT WHEN A REASSIGNMENT 24,485
IS MADE TO INCLUDE THE REASSIGNMENT IN THE CONTRACT. 24,486
COUNTY DEPARTMENTS SHALL ESTABLISH STANDARDS FOR 24,488
DETERMINING WHETHER A MINOR HEAD OF HOUSEHOLD OR ADULT HAS A 24,489
TEMPORARY OR PERMANENT BARRIER TO PARTICIPATING IN A WORK 24,490
ACTIVITY. THE FOLLOWING ARE EXAMPLES OF CIRCUMSTANCES THAT A 24,491
COUNTY DEPARTMENT MAY CONSIDER WHEN IT DEVELOPS ITS STANDARDS: 24,493
(A) A MINOR HEAD OF HOUSEHOLD OR ADULT PROVIDES THE COUNTY 24,496
DEPARTMENT DOCUMENTED EVIDENCE THAT ONE OR MORE MEMBERS OF THE 24,497
ASSISTANCE GROUP HAVE BEEN THE VICTIM OF DOMESTIC VIOLENCE AND 24,498
ARE IN IMMINENT DANGER OF SUFFERING CONTINUED DOMESTIC VIOLENCE; 24,499
(B) A MINOR HEAD OF HOUSEHOLD OR ADULT IS ACTIVELY 24,502
PARTICIPATING IN AN ALCOHOL OR DRUG ADDICTION PROGRAM CERTIFIED 24,503
BY THE DEPARTMENT OF ALCOHOL AND DRUG ADDICTION SERVICES UNDER 24,504
SECTION 3793.06 OF THE REVISED CODE; 24,506
(C) AN ASSISTANCE GROUP IS HOMELESS. 24,509
580
Sec. 5107.43. (A) AFTER A MINOR HEAD OF HOUSEHOLD OR 24,512
ADULT IS ASSIGNED TO A WORK ACTIVITY, DEVELOPMENTAL ACTIVITY, OR 24,513
ALTERNATIVE WORK ACTIVITY UNDER SECTION 5107.42 OF THE REVISED 24,516
CODE, A COUNTY DEPARTMENT OF HUMAN SERVICES SHALL PLACE THE MINOR 24,517
HEAD OF HOUSEHOLD OR ADULT IN THE ASSIGNED ACTIVITY AS SOON AS 24,518
THE ACTIVITY BECOMES AVAILABLE. 24,519
(B)(1) A MINOR HEAD OF HOUSEHOLD OR ADULT PLACED IN ONE OR 24,522
MORE WORK ACTIVITIES OR DEVELOPMENTAL ACTIVITIES SHALL 24,523
PARTICIPATE IN THE ACTIVITIES AT LEAST THE FOLLOWING NUMBER OF 24,524
HOURS EACH WEEK AS DETERMINED BY THE COUNTY DEPARTMENT: 24,525
(a) IN THE CASE OF A MINOR HEAD OF HOUSEHOLD OR ADULT IN 24,528
AN ASSISTANCE GROUP THAT INCLUDES ONLY ONE ADULT, THIRTY HOURS; 24,529
(b) IN THE CASE OF ADULTS IN AN ASSISTANCE GROUP THAT 24,532
INCLUDES TWO ADULTS, THIRTY-FIVE HOURS BETWEEN THE TWO ADULTS. 24,533
(2) OF THE HOURS SPECIFIED IN DIVISION (B)(1) OF THIS 24,536
SECTION, A MINOR HEAD OF HOUSEHOLD OR ADULT SHALL PARTICIPATE IN 24,537
ONE OR MORE WORK ACTIVITIES AT LEAST TWENTY HOURS A WEEK, OF 24,538
WHICH UP TO FIVE MAY BE IN AN EDUCATION PROGRAM DESIGNATED AS A 24,539
WORK ACTIVITY UNDER DIVISION (B) OF SECTION 5107.58 OF THE 24,542
REVISED CODE. THE MINOR HEAD OF HOUSEHOLD OR ADULT MAY 24,544
PARTICIPATE IN ONE OR MORE DEVELOPMENTAL ACTIVITIES FOR UP TO TEN 24,545
HOURS A WEEK, INCLUDING A DEVELOPMENTAL ACTIVITY THAT IS 24,547
IDENTICAL TO AN EDUCATION PROGRAM DESIGNATED AS A WORK ACTIVITY 24,548
UNDER DIVISION (B) OF SECTION 5107.58 OF THE REVISED CODE. 24,551
(3) IF A MINOR HEAD OF HOUSEHOLD OR ADULT AND COUNTY 24,553
DEPARTMENT AGREE, THE MINOR HEAD OF HOUSEHOLD OR ADULT MAY 24,554
VOLUNTEER TO PARTICIPATE IN WORK ACTIVITIES AND DEVELOPMENTAL 24,555
ACTIVITIES FOR MORE THAN THE NUMBER OF WEEKLY HOURS THE COUNTY 24,556
DEPARTMENT DETERMINES UNDER DIVISION (B)(1) OF THIS SECTION. 24,557
(C) A MINOR HEAD OF HOUSEHOLD OR ADULT PLACED IN ONE OR 24,560
MORE ALTERNATIVE WORK ACTIVITIES SHALL PARTICIPATE IN THE 24,561
ACTIVITIES A NUMBER OF HOURS EACH WEEK A COUNTY DEPARTMENT 24,562
DETERMINES.
Sec. 5107.44. THE STATE DEPARTMENT OF HUMAN SERVICES SHALL 24,565
581
ENSURE THAT COUNTY DEPARTMENTS OF HUMAN SERVICES EXCEED THE 24,566
FEDERAL MINIMUM WORK ACTIVITY PARTICIPATION RATES ESTABLISHED BY 24,567
SECTION 407(a) OF TITLE IV-A, 42 U.S.C.A. 607(a), BY NOT LESS 24,572
THAN FIVE PERCENTAGE POINTS. 24,573
Sec. 5107.50. THERE IS HEREBY ESTABLISHED, AS A WORK 24,575
ACTIVITY UNDER THE WORK COMPONENT, THE JOB SEARCH AND READINESS 24,576
PROGRAM UNDER WHICH APPLICANTS FOR AND PARTICIPANTS OF THE WORK 24,577
COMPONENT ARE TRAINED IN STRATEGIES AND SKILLS IN OBTAINING 24,578
EMPLOYMENT AND ENGAGE IN SELF-DIRECTED, JOB SEARCH ACTIVITIES. 24,579
COUNTY DEPARTMENTS OF HUMAN SERVICES SHALL DEVELOP AND ADMINISTER 24,581
THE PROGRAM AND MAY UTILIZE THE SERVICES OF PRIVATE OR GOVERNMENT 24,582
ENTITIES UNDER CONTRACT WITH THE COUNTY DEPARTMENT OR THE STATE 24,583
DEPARTMENT OF HUMAN SERVICES IN OPERATING THE PROGRAM. 24,584
A COUNTY DEPARTMENT MAY ASSIGN A MINOR HEAD OF HOUSEHOLD OR 24,587
ADULT APPLYING FOR THE WORK COMPONENT TO THE JOB SEARCH AND
READINESS PROGRAM BEFORE THE APPLICANT'S ELIGIBILITY FOR THE WORK 24,589
COMPONENT IS DETERMINED.
AN APPLICANT OR PARTICIPANT ASSIGNED TO THE JOB SEARCH AND 24,591
READINESS PROGRAM MAY NOT PARTICIPATE IN THE PROGRAM FOR MORE 24,592
THAN SIX WEEKS, UNLESS THE UNEMPLOYMENT RATE OF THE STATE IS AT 24,593
LEAST FIFTY PER CENT GREATER THAN THE UNEMPLOYMENT RATE OF THE 24,595
UNITED STATES, IN WHICH CASE THE APPLICANT OR PARTICIPANT MAY 24,597
PARTICIPATE IN THE PROGRAM NOT MORE THAN TWELVE WEEKS. AN 24,598
APPLICANT OR PARTICIPANT MAY NOT PARTICIPATE IN THE PROGRAM MORE 24,599
THAN FOUR CONSECUTIVE WEEKS. FOR ONE TIME ONLY PER APPLICANT OR 24,600
PARTICIPANT, A COUNTY DEPARTMENT SHALL CONSIDER THE APPLICANT OR 24,601
PARTICIPANT TO HAVE PARTICIPATED IN THE PROGRAM ONE WEEK AFTER 24,602
THE APPLICANT OR PARTICIPANT PARTICIPATES FOR THREE OR FOUR, AS 24,603
SPECIFIED BY THE COUNTY DEPARTMENT, DAYS DURING THE WEEK. 24,604
Sec. 5101.82 5107.52. (A) There is hereby established, as 24,612
a component of WORK ACTIVITY UNDER the JOBS program WORK 24,614
COMPONENT, the subsidized employment program, under which private 24,615
and public GOVERNMENT employers shall receive payments from 24,617
appropriations to the department of human services for a portion 24,618
582
of the costs of salaries, wages, and benefits such employers pay 24,619
to or on behalf of employees who are employable recipients 24,620
PARTICIPANTS of aid to dependent children THE SUBSIDIZED 24,622
EMPLOYMENT PROGRAM at the time of employment. 24,623
(B) The director of human services shall MAY redetermine 24,625
rates of payments to employers under this section annually on the 24,626
first day of July. 24,627
(C) Employable recipients A STATE AGENCY OR POLITICAL 24,630
SUBDIVISION MAY CREATE OR FILL VACANT FULL-TIME AND PART-TIME 24,631
POSITIONS, INCLUDING CLASSIFIED AND UNCLASSIFIED POSITIONS FOR 24,632
THOSE POSITIONS THAT ARE INCLUDED IN THE CIVIL SERVICE UNDER 24,633
CHAPTER 124. OF THE REVISED CODE, FOR OR WITH PARTICIPANTS OF THE 24,635
SUBSIDIZED EMPLOYMENT PROGRAM. THE DEPARTMENT SHALL SPECIFY IN 24,636
RULES ADOPTED UNDER SECTION 5107.13 OF THE REVISED CODE THE 24,638
MAXIMUM AMOUNT OF TIME THE DEPARTMENT WILL SUBSIDIZE THE 24,639
POSITIONS. AFTER THE SUBSIDY EXPIRES, THE AGENCY OR SUBDIVISION 24,640
MAY HIRE THE PARTICIPANT FOR AN UNCLASSIFIED POSITION OR AS A 24,641
PROVISIONAL EMPLOYEE IN THE CLASSIFIED CIVIL SERVICE, IF THE 24,642
POSITION IS IN THE CLASSIFIED CIVIL SERVICE, AND THE PARTICIPANT 24,643
SHALL BECOME CERTIFIED IN THE SAME MANNER AS OTHER PROVISIONAL 24,644
EMPLOYEES. THE DIRECTOR OF ADMINISTRATIVE SERVICES MAY ADOPT 24,645
RULES IN ACCORDANCE WITH CHAPTER 119. OF THE REVISED CODE 24,648
GOVERNING THIS DIVISION.
(D) PARTICIPANTS OF THE SUBSIDIZED EMPLOYMENT PROGRAM for 24,652
whom payments are made under this section: 24,653
(1) Shall be considered regular employees of the employer, 24,655
entitled to the same employment benefits and opportunities for 24,656
advancement and affiliation with employee organizations that are 24,657
available to other regular employees of the employer, and the 24,658
employer shall pay premiums to the bureau of workers' 24,659
compensation on account of employees for whom payments are made; 24,660
(2) Shall be paid at the same rate as other employees 24,662
doing similar work for the employer or the federal minimum hourly 24,663
wage, whichever is higher. 24,664
583
(D) In hiring an employable recipient under the subsidized 24,668
employment program, an employer may not remove or discharge, for 24,669
the purpose of substituting the employable recipient in the 24,670
person's place, a person who is already employed as a regular 24,674
full-time or part-time employee of the employer, has been
employed full-time or part-time as a participant of the 24,675
subsidized employment program, is or has been involved in a 24,676
dispute between a labor organization and the employer, has been 24,677
temporarily laid off and is receiving unemployment compensation 24,678
under Chapter 4141. of the Revised Code, or has been temporarily 24,679
laid off and is subject to recall pursuant to a bona fide recall 24,680
list of the employer. No employer shall hire part-time an
employable recipient under the subsidized employment program to 24,682
circumvent hiring a full-time employee. 24,683
(E) The subsidized employment program may include a job 24,685
program to create permanent full-time employment in public 24,686
agencies for employable recipients of aid to dependent children. 24,689
The job program may include: 24,690
(1) Creation of entry-level jobs to reduce waste, fraud, 24,692
and abuse of privileges in the aid to dependent children program; 24,693
(2) Creation of entry-level jobs to enhance child support 24,695
enforcement collections; 24,696
(3) Creation of jobs in county governments, allocated to 24,698
boards of county commissioners on the basis of criteria contained 24,699
in rules adopted by the department of human services that provide 24,700
incentives for counties to spend county moneys more efficiently; 24,701
(4) Jobs in weatherization programs. 24,703
(F) Civil service jobs shall be created to service income 24,706
maintenance caseloads and improve child support enforcement. For 24,708
no more than nine payment months, employable recipients shall be 24,711
trained as income maintenance and child support specialists and 24,712
shall be paid from appropriations to the department of human 24,714
services for the subsidized employment program. An employable 24,715
recipient hired under this section shall be paid at a rate 24,717
584
determined by rule of the department of human services, but in no 24,720
case less than four dollars and fifty cents an hour during the 24,722
employable recipient's period of subsidized employment. After 24,723
the subsidy period, the recipient may be hired as a provisional 24,724
employee. Upon completing six months of unsubsidized employment 24,725
and successfully passing an examination, the provisional employee 24,726
shall become certified.
(G) The director of administrative services may establish 24,728
unclassified positions within state and county agencies and 24,730
general health districts to be filled by employable recipients 24,732
under the subsidized employment program. A recipient shall be 24,733
paid for a period not to exceed nine payment months as specified 24,735
in rules to be adopted by the department of human services. 24,737
After the subsidy period has ended, the recipient may be hired at 24,738
an entry-level classified position in the county agency as a 24,740
provisional employee. This recipient shall stand ahead of any 24,741
other person whose name is on a preferred eligible list for such 24,742
position, except for another provisional employee who has taken 24,743
the test and whose name appears on the list AN AGREEMENT FOR 24,745
EMPLOYMENT OF A SUBSIDIZED EMPLOYMENT PROGRAM PARTICIPANT BY A 24,746
PRIVATE EMPLOYER SHALL REQUIRE THAT THE PARTICIPANT BE GIVEN
PREFERENCE FOR ANY UNSUBSIDIZED FULL-TIME POSITION WITH THE 24,747
EMPLOYER THAT BECOMES AVAILABLE AFTER THE PARTICIPANT COMPLETES 24,748
ANY PROBATIONARY OR TRAINING PERIOD SPECIFIED IN THE AGREEMENT. 24,749
Sec. 5101.83 5107.54. (A) There is hereby established, as 24,758
a component of WORK ACTIVITY UNDER the JOBS program WORK 24,760
COMPONENT, the work experience program under which an employable 24,761
recipient. A PARTICIPANT of aid to dependent children or food 24,763
stamps may be assigned under division (G) of section 5101.81 of 24,765
the Revised Code THE WORK COMPONENT PLACED IN THE PROGRAM SHALL 24,766
RECEIVE WORK EXPERIENCE FROM PRIVATE AND GOVERNMENT ENTITIES. 24,767
Employable recipients PARTICIPANTS OF THE WORK COMPONENT 24,769
assigned to the work experience program are not employees of the 24,771
state department of human services or the A county department of 24,772
585
human services. The operation of the work experience program 24,774
does not constitute the operation of an employment agency by the 24,775
state department of human services or any A county department of 24,776
human services. 24,777
(B) In accordance with rules that the director of human 24,779
services shall adopt under Chapter 119. of the Revised Code, 24,781
county COUNTY departments of human services shall be responsible 24,782
for the development of DEVELOP work projects to which employable 24,784
recipients PARTICIPANTS OF THE WORK COMPONENT are assigned UNDER 24,786
THE WORK EXPERIENCE PROGRAM. WORK PROJECTS MAY INCLUDE
ASSIGNMENTS, INCLUDING UNPAID INTERNSHIPS, WITH PRIVATE AND 24,787
GOVERNMENT ENTITIES. Each county department shall make a list of 24,789
such THE work projects available to the public. When assigning 24,790
employable recipients to work under the work experience program, 24,791
first priority shall be given to placements in a public agency, 24,792
second priority to placements in a private nonprofit 24,793
organization, and third priority to placements in a private
for-profit organization. No work assignments shall be made that 24,795
result in the removal or discharge of a person who is already 24,796
employed as a regular full-time or part-time employee, is or has 24,797
been involved in a dispute between a labor organization and the 24,798
employer, has been temporarily laid off and is receiving 24,799
unemployment compensation under Chapter 4141. of the Revised 24,800
Code, or has been temporarily laid off and is subject to recall 24,801
pursuant to a bona fide recall list of the employer. 24,802
(C)(1) Except as provided under division (C)(2) of this 24,804
section, agencies and organizations to UNLESS A COUNTY DEPARTMENT 24,806
OF HUMAN SERVICES PAYS THE PREMIUMS FOR THE ENTITY, A PRIVATE OR 24,808
GOVERNMENT ENTITY WITH which employable recipients are assigned 24,809
under A PARTICIPANT OF THE WORK COMPONENT IS PLACED IN the work 24,810
experience program shall pay premiums to the bureau of workers' 24,812
compensation on account of such recipients THE PARTICIPANT. 24,813
(2) An agency or organization is not required to pay 24,815
premiums to the bureau of workers' compensation under division 24,816
586
(C)(1) of this section if the department of human services adopts 24,817
a rule requiring the department to pay the premiums for the 24,819
agency or organization. The department may adopt rules in 24,821
accordance with Chapter 119. of the Revised Code requiring the 24,822
department to pay premiums under division (C)(2) of this section. 24,823
Sec. 5107.541. A COUNTY DEPARTMENT OF HUMAN SERVICES MAY 24,825
CONTRACT WITH ANY SCHOOL DISTRICT BOARD OF EDUCATION THAT HAS 24,826
ADOPTED A RESOLUTION UNDER SECTION 3319.089 OF THE REVISED CODE 24,827
TO PROVIDE FOR A PARTICIPANT OF THE WORK EXPERIENCE PROGRAM WHO 24,829
HAS A CHILD ENROLLED IN A PUBLIC ELEMENTARY SCHOOL IN THAT 24,830
DISTRICT TO BE ASSIGNED UNDER THE WORK EXPERIENCE PROGRAM TO 24,831
VOLUNTEER OR WORK FOR COMPENSATION AT THAT PUBLIC SCHOOL. UNLESS 24,833
IT IS NOT POSSIBLE OR PRACTICAL, A CONTRACT SHALL PROVIDE FOR A 24,834
PARTICIPANT TO VOLUNTEER OR WORK AT THE SCHOOL AS A CLASSROOM 24,835
AIDE. IF THAT IS IMPOSSIBLE OR IMPRACTICAL, THE CONTRACT MAY
PROVIDE FOR THE PARTICIPANT TO VOLUNTEER TO WORK IN ANOTHER 24,837
POSITION AT THE SCHOOL. A CONTRACT MAY PROVIDE FOR THE BOARD OF 24,840
EDUCATION TO RECEIVE FUNDING TO PAY FOR COORDINATING, TRAINING, 24,841
AND SUPERVISING PARTICIPANTS VOLUNTEERING OR WORKING AT PUBLIC 24,842
SCHOOLS.
NOTWITHSTANDING SECTION 3319.088 OF THE REVISED CODE, A 24,844
PARTICIPANT VOLUNTEERING OR WORKING AS A CLASSROOM AIDE UNDER 24,845
THIS SECTION IS NOT REQUIRED TO OBTAIN AN EDUCATIONAL AIDE PERMIT 24,847
OR PARAPROFESSIONAL LICENSE. THE PARTICIPANT SHALL NOT BE 24,848
CONSIDERED AN EMPLOYEE OF A POLITICAL SUBDIVISION FOR PURPOSES OF 24,849
CHAPTER 2744. OF THE REVISED CODE AND IS NOT ENTITLED TO ANY 24,851
IMMUNITY OR DEFENSE AVAILABLE UNDER THAT CHAPTER, THE COMMON LAW
OF THIS STATE, OR SECTION 9.86 OF THE REVISED CODE. 24,852
AN ASSIGNMENT UNDER THIS SECTION SHALL INCLUDE ATTENDING 24,855
ACADEMIC HOME ENRICHMENT CLASSES THAT PROVIDE INSTRUCTION FOR
PARENTS IN CREATING A HOME ENVIRONMENT THAT PREPARES AND ENABLES 24,856
CHILDREN TO LEARN AT SCHOOL. 24,857
Sec. 5107.58. IN ACCORDANCE WITH A FEDERAL WAIVER GRANTED 24,860
BY THE UNITED STATES SECRETARY OF HEALTH AND HUMAN SERVICES 24,861
587
PURSUANT TO A REQUEST MADE UNDER FORMER SECTION 5101.09 OF THE 24,862
REVISED CODE, COUNTY DEPARTMENTS OF HUMAN SERVICES MAY ESTABLISH 24,863
AND ADMINISTER THE FOLLOWING WORK ACTIVITIES FOR MINOR HEADS OF 24,864
HOUSEHOLDS AND ADULTS PARTICIPATING IN THE WORK COMPONENT: 24,865
(A) AN EDUCATION PROGRAM UNDER WHICH THE PARTICIPANT 24,867
ATTENDS A SCHOOL, SPECIAL EDUCATION PROGRAM, OR ADULT HIGH SCHOOL 24,869
CONTINUATION PROGRAM THAT CONFORMS TO THE MINIMUM STANDARDS 24,870
PRESCRIBED BY THE STATE BOARD OF EDUCATION OR INSTRUCTIONAL 24,871
COURSES DESIGNED TO PREPARE THE PARTICIPANT TO EARN A HIGH SCHOOL 24,872
EQUIVALENCE DIPLOMA. A PARTICIPANT ASSIGNED TO THE PROGRAM IS 24,873
REQUIRED TO EARN A HIGH SCHOOL DIPLOMA, ADULT EDUCATION DIPLOMA, 24,874
OR HIGH SCHOOL EQUIVALENCE DIPLOMA NOT LATER THAN TWO YEARS AFTER 24,875
THE DATE THE PARTICIPANT BEGINS PARTICIPATION IN THE PROGRAM. 24,876
(B) AN EDUCATION PROGRAM UNDER WHICH THE PARTICIPANT IS 24,879
ENROLLED IN POST-SECONDARY EDUCATION LEADING TO VOCATION AT A 24,881
STATE INSTITUTION OF HIGHER EDUCATION, AS DEFINED IN SECTION
3345.031 OF THE REVISED CODE; A PRIVATE NONPROFIT COLLEGE OR 24,883
UNIVERSITY THAT POSSESSES A CERTIFICATE OF AUTHORIZATION ISSUED 24,884
BY THE OHIO BOARD OF REGENTS PURSUANT TO CHAPTER 1713. OF THE 24,887
REVISED CODE, OR IS EXEMPTED BY DIVISION (E) OF SECTION 1713.02 24,889
OF THE REVISED CODE FROM THE REQUIREMENT OF A CERTIFICATE; A 24,890
SCHOOL THAT HOLDS A CERTIFICATE OF REGISTRATION AND PROGRAM 24,891
AUTHORIZATION ISSUED BY THE STATE BOARD OF PROPRIETARY SCHOOL 24,892
REGISTRATION UNDER CHAPTER 3332. OF THE REVISED CODE; OR A SCHOOL 24,895
THAT HAS ENTERED INTO A CONTRACT WITH THE COUNTY DEPARTMENT OF
HUMAN SERVICES. THE PARTICIPANT SHALL MAKE REASONABLE EFFORTS, 24,897
AS DETERMINED BY THE COUNTY DEPARTMENT, TO OBTAIN A LOAN, 24,898
SCHOLARSHIP, GRANT, OR OTHER ASSISTANCE TO PAY FOR THE TUITION, 24,900
INCLUDING A FEDERAL PELL GRANT UNDER 20 U.S.C.A. 1070a AND AN 24,904
OHIO INSTRUCTIONAL GRANT UNDER SECTION 3333.12 OF THE REVISED 24,905
CODE. IF THE PARTICIPANT HAS MADE REASONABLE EFFORTS BUT IS
UNABLE TO OBTAIN SUFFICIENT ASSISTANCE TO PAY THE TUITION THE 24,906
PROGRAM MAY, PRIOR TO OCTOBER 1, 1998, PAY THE TUITION. ON OR 24,907
AFTER THAT DATE THE COUNTY DEPARTMENT MAY NOT PAY ANY PART OF THE 24,908
588
TUITION BUT MAY ENTER INTO A LOAN AGREEMENT WITH THE PARTICIPANT 24,909
TO PAY THE TUITION. THE TOTAL PERIOD FOR WHICH TUITION IS PAID 24,910
AND LOANS MADE SHALL NOT EXCEED TWO YEARS. IF THE PARTICIPANT, 24,911
PURSUANT TO DIVISION (B)(3) OF SECTION 5107.43 OF THE REVISED 24,914
CODE, VOLUNTEERS TO PARTICIPATE IN THE EDUCATION PROGRAM FOR MORE 24,915
HOURS EACH WEEK THAN THE PARTICIPANT IS ASSIGNED TO THE PROGRAM, 24,916
THE PROGRAM MAY PAY OR THE COUNTY DEPARTMENT MAY LOAN THE COST OF 24,918
THE TUITION FOR THE ADDITIONAL VOLUNTARY HOURS AS WELL AS THE 24,919
COST OF THE TUITION FOR THE ASSIGNED NUMBER OF HOURS. THE 24,920
PARTICIPANT MAY RECEIVE, FOR NOT MORE THAN THREE YEARS, SUPPORT 24,921
SERVICES, INCLUDING PUBLICLY FUNDED CHILD DAY-CARE UNDER CHAPTER 24,922
5104. OF THE REVISED CODE AND TRANSPORTATION, THAT THE 24,923
PARTICIPANT NEEDS TO PARTICIPATE IN THE PROGRAM. TO RECEIVE
SUPPORT SERVICES IN THE THIRD YEAR, THE PARTICIPANT MUST BE, AS 24,924
DETERMINED BY THE EDUCATIONAL INSTITUTION IN WHICH THE 24,925
PARTICIPANT IS ENROLLED, ATTENDING THE INSTITUTION FULL OR PART 24,926
TIME AND IN GOOD STANDING WITH THE INSTITUTION. 24,927
A COUNTY DEPARTMENT THAT PROVIDES LOANS UNDER THIS SECTION 24,929
SHALL ESTABLISH PROCEDURES GOVERNING LOAN APPLICATION FOR AND 24,930
APPROVAL AND ADMINISTRATION OF LOANS GRANTED PURSUANT TO THIS 24,931
SECTION.
Sec. 5107.60. IN ACCORDANCE WITH TITLE IV-A, FEDERAL 24,937
REGULATIONS, STATE LAW, AND THE OHIO WORKS FIRST PLAN PREPARED 24,938
UNDER SECTION 5107.10 OF THE REVISED CODE, COUNTY DEPARTMENTS OF 24,941
HUMAN SERVICES SHALL ESTABLISH AND ADMINISTER THE FOLLOWING WORK 24,942
ACTIVITIES, IN ADDITION TO THE WORK ACTIVITIES ESTABLISHED UNDER 24,943
SECTIONS 5107.50, 5107.52, 5107.54, AND 5107.58 OF THE REVISED 24,946
CODE, FOR MINOR HEADS OF HOUSEHOLDS AND ADULTS PARTICIPATING IN 24,947
THE WORK COMPONENT: 24,948
(A) UNSUBSIDIZED EMPLOYMENT ACTIVITIES, INCLUDING 24,951
ACTIVITIES A COUNTY DEPARTMENT DETERMINES ARE LEGITIMATE 24,952
ENTREPRENEURIAL ACTIVITIES;
(B) ON-THE-JOB TRAINING ACTIVITIES, INCLUDING TRAINING TO 24,955
BECOME AN EMPLOYEE OF A CHILD DAY-CARE CENTER OR TYPE A FAMILY 24,957
589
DAY-CARE HOME, AUTHORIZED PROVIDER OF A CERTIFIED TYPE B FAMILY 24,958
DAY-CARE HOME, OR IN-HOME AIDE; 24,959
(C) COMMUNITY SERVICE ACTIVITIES. A COUNTY DEPARTMENT MAY 24,962
ESTABLISH AS A COMMUNITY SERVICE ACTIVITY A PROGRAM UNDER WHICH A 24,963
PARTICIPANT OF THE WORK COMPONENT WHO IS THE PARENT, LEGAL 24,964
GUARDIAN, OR SPECIFIED RELATIVE RESPONSIBLE FOR THE CARE OF A
MINOR CHILD ENROLLED IN GRADE TWELVE OR LOWER IS INVOLVED IN THE 24,965
MINOR CHILD'S EDUCATION ON A REGULAR BASIS. 24,966
(D) VOCATIONAL EDUCATIONAL TRAINING ACTIVITIES, INCLUDING 24,969
SECONDARY AND POST-SECONDARY EDUCATION LEADING TO A VOCATION; 24,970
(E) JOBS SKILLS TRAINING ACTIVITIES THAT ARE DIRECTLY 24,973
RELATED TO EMPLOYMENT;
(F) EDUCATION ACTIVITIES THAT ARE DIRECTLY RELATED TO 24,976
EMPLOYMENT FOR PARTICIPANTS WHO HAVE NOT EARNED A HIGH SCHOOL 24,977
DIPLOMA OR HIGH SCHOOL EQUIVALENCE DIPLOMA; 24,978
(G) EDUCATION ACTIVITIES FOR PARTICIPANTS WHO HAVE NOT 24,981
COMPLETED SECONDARY SCHOOL OR RECEIVED A HIGH SCHOOL EQUIVALENCE 24,982
DIPLOMA UNDER WHICH THE PARTICIPANTS ATTEND A SECONDARY SCHOOL OR 24,983
A COURSE OF STUDY LEADING TO A HIGH SCHOOL EQUIVALENCE DIPLOMA; 24,984
(H) CHILD-CARE SERVICE ACTIVITIES AIDING ANOTHER 24,987
PARTICIPANT ASSIGNED TO A COMMUNITY SERVICE ACTIVITY OR OTHER 24,988
WORK ACTIVITY. A COUNTY DEPARTMENT MAY PROVIDE FOR A PARTICIPANT 24,990
ASSIGNED TO THIS WORK ACTIVITY TO RECEIVE TRAINING NECESSARY TO
PROVIDE CHILD-CARE SERVICES. 24,991
Sec. 5107.62. COUNTY DEPARTMENTS OF HUMAN SERVICES SHALL 24,993
ESTABLISH AND ADMINISTER DEVELOPMENTAL ACTIVITIES FOR MINOR HEADS 24,995
OF HOUSEHOLDS AND ADULTS PARTICIPATING IN THE WORK COMPONENT. IN 24,996
ESTABLISHING DEVELOPMENTAL ACTIVITIES, COUNTY DEPARTMENTS ARE NOT 24,997
LIMITED BY THE RESTRICTIONS THAT TITLE IV-A IMPOSES ON WORK 25,000
ACTIVITIES. DEVELOPMENTAL ACTIVITIES MAY BE IDENTICAL OR SIMILAR 25,001
TO, OR DIFFERENT FROM, WORK ACTIVITIES AND ALTERNATIVE WORK 25,002
ACTIVITIES.
Sec. 5107.64. COUNTY DEPARTMENTS OF HUMAN SERVICES SHALL 25,004
ESTABLISH AND DEVELOP ALTERNATIVE WORK ACTIVITIES FOR MINOR HEADS 25,006
590
OF HOUSEHOLDS AND ADULTS PARTICIPATING IN THE WORK COMPONENT. IN 25,007
ESTABLISHING ALTERNATIVE WORK ACTIVITIES, COUNTY DEPARTMENTS ARE 25,008
NOT LIMITED BY THE RESTRICTIONS TITLE IV-A IMPOSES ON WORK 25,011
ACTIVITIES. THE FOLLOWING ARE EXAMPLES OF ALTERNATIVE WORK 25,012
ACTIVITIES THAT A COUNTY DEPARTMENT MAY ESTABLISH: 25,013
(A) PARENTING CLASSES AND LIFE-SKILLS TRAINING; 25,016
(B) PARTICIPATION IN AN ALCOHOL OR DRUG ADDICTION PROGRAM 25,019
CERTIFIED BY THE DEPARTMENT OF ALCOHOL AND DRUG ADDICTION 25,020
SERVICES UNDER SECTION 3793.06 OF THE REVISED CODE; 25,022
(C) IN THE CASE OF A HOMELESS ASSISTANCE GROUP, FINDING A 25,025
HOME;
(D) IN THE CASE OF A MINOR HEAD OF HOUSEHOLD OR ADULT WITH 25,028
A DISABILITY, ACTIVE WORK IN AN INDIVIDUAL WRITTEN REHABILITATION 25,029
PLAN WITH THE REHABILITATION SERVICES COMMISSION; 25,030
(E) IN THE CASE OF A MINOR HEAD OF HOUSEHOLD OR ADULT WHO 25,033
HAS BEEN THE VICTIM OF DOMESTIC VIOLENCE, RESIDING IN A DOMESTIC 25,034
VIOLENCE SHELTER, RECEIVING COUNSELING OR TREATMENT RELATED TO 25,035
THE DOMESTIC VIOLENCE, OR PARTICIPATING IN CRIMINAL JUSTICE 25,036
ACTIVITIES AGAINST THE DOMESTIC VIOLENCE OFFENDER; 25,037
(F) AN EDUCATION PROGRAM UNDER WHICH A PARTICIPANT WHO 25,039
DOES NOT SPEAK ENGLISH ATTENDS ENGLISH AS A SECOND LANGUAGE 25,040
COURSE.
Sec. 5107.65. (A)(1) NO PARTICIPANT SHALL BE ASSIGNED TO 25,042
A WORK ACTIVITY, DEVELOPMENTAL ACTIVITY, OR ALTERNATIVE WORK 25,043
ACTIVITY WHEN THE EMPLOYER REMOVES OR DISCHARGES A PERSON, FOR 25,044
THE PURPOSE OF SUBSTITUTING THE PARTICIPANT IN THE PERSON'S 25,045
PLACE, IN ANY OF THE FOLLOWING CIRCUMSTANCES: 25,046
(a) THE PERSON IS ALREADY EMPLOYED AS A REGULAR FULL-TIME 25,049
OR PART-TIME EMPLOYEE OF THE EMPLOYER;
(b) THE PERSON HAS BEEN EMPLOYED FULL TIME OR PART TIME AS 25,052
A PARTICIPANT IN A WORK ACTIVITY, DEVELOPMENTAL ACTIVITY, OR 25,053
ALTERNATIVE WORK ACTIVITY;
(c) THE PERSON IS OR HAS BEEN INVOLVED IN A DISPUTE 25,056
BETWEEN A LABOR ORGANIZATION AND THE EMPLOYER;
591
(d) THE PERSON IS ON LAYOFF FROM THE SAME OR ANY 25,058
SUBSTANTIALLY EQUIVALENT JOB. 25,059
(B) NO EMPLOYER SHALL HIRE A PARTICIPANT OF THE WORK 25,062
COMPONENT PART-TIME TO CIRCUMVENT HIRING A FULL-TIME EMPLOYEE. 25,063
(C) COUNTY DEPARTMENTS OF HUMAN SERVICES SHALL ESTABLISH 25,066
AND MAINTAIN A GRIEVANCE PROCEDURE FOR RESOLVING COMPLAINTS BY 25,067
INDIVIDUALS OR THEIR REPRESENTATIVES THAT THE ASSIGNMENT OF A 25,068
PARTICIPANT VIOLATES THIS SECTION.
Sec. 5101.92 5107.66. Necessary SUBJECT TO THE 25,077
AVAILABILITY OF FUNDS AND EXCEPT AS LIMITED BY DIVISION (B) OF 25,078
SECTION 5107.58 OF THE REVISED CODE, COUNTY DEPARTMENTS OF HUMAN 25,079
SERVICES SHALL PROVIDE FOR PARTICIPANTS OF THE WORK COMPONENT 25,080
PLACED IN A WORK ACTIVITY, DEVELOPMENTAL ACTIVITY, OR ALTERNATIVE 25,081
WORK ACTIVITY TO RECEIVE support services, including, but not 25,083
limited to, THE COUNTY DEPARTMENT DETERMINES TO BE NECESSARY.
SUPPORT SERVICES MAY INCLUDE PUBLICLY FUNDED child care and 25,085
DAY-CARE UNDER CHAPTER 5104. OF THE REVISED CODE, transportation, 25,086
as determined by the department of human services, shall be 25,087
provided, except as limited by section 5101.85 of the Revised 25,089
Code, to employable recipients assigned to a component of the 25,090
JOBS program. The general assembly shall appropriate amounts 25,093
sufficient to cover the administrative costs of implementing the 25,094
requirements and the costs of any necessary support services 25,095
under such components, AND OTHER SERVICES. 25,096
Sec. 5107.67. EXCEPT FOR AN ASSISTANCE GROUP MEMBER WHO IS 25,099
ASSIGNED TO A WORK ACTIVITY SPECIFIED IN DIVISION (D)(1) OR (2) 25,100
OF SECTION 5107.40 OF THE REVISED CODE, CREDIT FOR WORK PERFORMED
BY AN ASSISTANCE GROUP MEMBER IN A WORK ACTIVITY, DEVELOPMENTAL 25,101
ACTIVITY, OR ALTERNATIVE WORK ACTIVITY UNDER THE WORK COMPONENT 25,104
DOES NOT CONSTITUTE REMUNERATION FOR THE PURPOSE OF CHAPTER 124., 25,105
144., OR 145. OF THE REVISED CODE AND SERVICES PERFORMED BY THE 25,106
MEMBER DO NOT CONSTITUTE EMPLOYMENT FOR THE PURPOSE OF CHAPTER 25,108
4141. OF THE REVISED CODE. 25,110
Sec. 5101.91 5107.68. (A) The director of human services 25,119
592
and the county directors of human services shall implement and 25,122
enforce the requirements of sections 5101.80 5107.40 to 5101.94 25,123
5107.68 of the Revised Code. Other state STATE AND LOCAL 25,126
agencies shall cooperate with the department COUNTY DEPARTMENTS 25,127
of human services to the maximum extent possible in the 25,128
implementation of the programs established under such THOSE 25,129
sections. 25,130
(B) In employing persons to administer and supervise the 25,132
JOBS program, WORK ACTIVITIES, DEVELOPMENTAL ACTIVITIES, AND 25,134
ALTERNATIVE WORK ACTIVITIES UNDER THE WORK COMPONENT, A COUNTY
DEPARTMENT OF HUMAN SERVICES SHALL GIVE first consideration shall 25,136
be given to state government employees who have been laid off 25,137
from their state positions and employable recipients APPLICANTS 25,138
FOR AND PARTICIPANTS of aid to dependent children THE WORK 25,139
COMPONENT, provided such employees APPLICANTS and recipients 25,141
PARTICIPANTS qualify for the administrative and supervisory 25,144
positions to be filled. A state government employee shall be 25,145
eligible for first consideration under this division only within 25,146
the layoff district established under section 124.326 of the 25,147
Revised Code in which the employee was laid off, and an
employable recipient AN APPLICANT OR PARTICIPANT shall be 25,149
eligible for first consideration only within the county in which 25,151
the recipient receives aid to dependent children APPLICANT 25,153
APPLIES FOR OR PARTICIPANT PARTICIPATES IN THE WORK COMPONENT. 25,154
(C) To the maximum extent practicable, necessary support 25,156
services PROVIDED under such sections SECTION 5107.66 OF THE 25,158
REVISED CODE shall be performed by employable recipients assigned 25,160
to PARTICIPANTS OF THE WORK COMPONENT PLACED IN a component of 25,161
the JOBS program WORK ACTIVITY, DEVELOPMENTAL ACTIVITY, OR 25,163
ALTERNATIVE WORK ACTIVITY UNDER THE WORK COMPONENT. 25,164
Sec. 5107.70. A COUNTY DEPARTMENT OF HUMAN SERVICES, AT 25,166
TIMES IT DETERMINES, MAY CONDUCT ASSESSMENTS OF ASSISTANCE GROUPS 25,168
PARTICIPATING IN THE WORK COMPONENT TO DETERMINE WHETHER ANY 25,169
MEMBERS OF THE GROUP ARE IN NEED OF OTHER ASSISTANCE OR SERVICES 25,170
593
PROVIDED BY THE COUNTY DEPARTMENT OR OTHER PRIVATE OR GOVERNMENT 25,171
ENTITIES. ASSESSMENTS MAY INCLUDE THE FOLLOWING: 25,173
(A) WHETHER ANY MEMBER OF THE ASSISTANCE GROUP HAS A 25,176
SUBSTANCE ABUSE PROBLEM;
(B) WHETHER THERE ARE ANY OTHER CIRCUMSTANCES THAT MAY 25,179
LIMIT AN ASSISTANCE GROUP MEMBER'S EMPLOYABILITY. 25,180
AT THE FIRST ASSESSMENT CONDUCTED BY THE COUNTY DEPARTMENT, 25,182
IT SHALL INQUIRE AS TO WHETHER ANY MEMBER OF AN ASSISTANCE GROUP 25,183
IS THE VICTIM OF DOMESTIC VIOLENCE, INCLUDING CHILD ABUSE. THE 25,184
COUNTY DEPARTMENT SHALL PROVIDE THIS INFORMATION TO THE STATE 25,185
DEPARTMENT OF HUMAN SERVICES. THE STATE DEPARTMENT SHALL 25,186
MAINTAIN THE INFORMATION FOR STATISTICAL ANALYSIS PURPOSES. 25,187
THE COUNTY DEPARTMENT MAY REFER AN ASSISTANCE GROUP MEMBER 25,190
TO A PRIVATE OR GOVERNMENT ENTITY THAT PROVIDES ASSISTANCE OR 25,191
SERVICES THE COUNTY DEPARTMENT DETERMINES THE MEMBER NEEDS. THE 25,192
ENTITY MAY BE A CHAPTER OF ALCOHOLICS ANONYMOUS, NARCOTICS 25,193
ANONYMOUS, OR COCAINE ANONYMOUS, OR ANY OTHER ENTITY THE COUNTY
DEPARTMENT CONSIDERS APPROPRIATE. 25,194
Sec. 5107.71. SUBJECT TO AVAILABLE FUNDS, THE DEPARTMENT 25,196
OF ALCOHOL AND DRUG ADDICTION SERVICES SHALL ESTABLISH A PROGRAM 25,198
IN COUNTIES SELECTED BY THE DEPARTMENT FOR SUBSTANCE ABUSE 25,199
SCREENING, ASSESSMENT, AND TREATMENT REFERRAL FOR PARTICIPANTS IN 25,200
THE OHIO WORKS FIRST WORK COMPONENT WHO HAVE A CHILD IN THE 25,202
CUSTODY OF OR RECEIVING OR REFERRED FOR SERVICES FROM A PUBLIC 25,203
CHILDREN SERVICES AGENCY.
UNDER THE PROGRAM, PARTICIPANTS SHALL BE SCREENED FOR 25,205
SUBSTANCE ABUSE BY THE COUNTY DEPARTMENT OF HUMAN SERVICES OR A 25,206
PUBLIC CHILDREN SERVICES AGENCY. THE SCREENING MAY BE CONDUCTED 25,208
AS PART OF AN ASSESSMENT UNDER EITHER SECTION 5107.70 OR DIVISION 25,209
(B)(17) OF SECTION 5153.16 OF THE REVISED CODE. IF THE SCREENING 25,212
INDICATES THAT THE PARTICIPANT MAY HAVE A SUBSTANCE ABUSE 25,213
PROBLEM, THE COUNTY DEPARTMENT OF HUMAN SERVICES OR PUBLIC 25,214
CHILDREN SERVICES AGENCY SHALL REFER THE PARTICIPANT TO A PROGRAM 25,215
DEVELOPED BY THE COUNTY'S BOARD OF ALCOHOL, DRUG ADDICTION, AND 25,216
594
MENTAL HEALTH SERVICES FOR CLINICAL ASSESSMENT AND TREATMENT. 25,217
A COUNTY DEPARTMENT OF HUMAN SERVICES OR A PUBLIC CHILDREN 25,219
SERVICES AGENCY SHALL CONTRACT WITH THE COUNTY'S BOARD OF 25,220
ALCOHOL, DRUG ADDICTION, AND MENTAL HEALTH SERVICES TO DEVELOP 25,221
SUBSTANCE ABUSE ASSESSMENT AND TREATMENT SERVICES UNDER A PROGRAM 25,222
ESTABLISHED PURSUANT TO THIS SECTION. THE CONTRACT SHALL PERMIT 25,225
THE BOARD OF ALCOHOL, DRUG ADDICTION, AND MENTAL HEALTH SERVICES 25,226
TO ARRANGE FOR THE PLACEMENT OF A PROFESSIONAL IN THE FIELD OF 25,227
ALCOHOL OR DRUG ADDICTION SERVICES IN THE OFFICE OF A COUNTY 25,228
DEPARTMENT OF HUMAN SERVICES OR A PUBLIC CHILDREN SERVICES AGENCY 25,230
TO PROVIDE SCREENING, CLINICAL ASSESSMENT, CASE COORDINATION, 25,231
TREATMENT REFERRAL, TRAINING FOR COUNTY DEPARTMENT OR AGENCY
EMPLOYEES, OR OTHER SERVICES WARRANTED BY LOCAL NEEDS. THE BOARD 25,233
OF ALCOHOL, DRUG ADDICTION, AND MENTAL HEALTH SERVICES SHALL 25,234
ESTABLISH A NETWORK OF PROFESSIONALS IN THE FIELD OF ALCOHOL OR 25,235
DRUG ADDICTION SERVICES WHO WILL GIVE PRIORITY TO PROVIDING 25,236
TREATMENT TO PARTICIPANTS REFERRED UNDER THIS SECTION. 25,237
THE DEPARTMENT SHALL ADOPT RULES GOVERNING THE PROGRAM. 25,239
Sec. 5107.10 5107.72. Subject to the rules of the 25,248
department of human services, the county administration may 25,250
provide the necessary medical, surgical, dental, optical, or 25,251
mental examination and corrective or preventive treatment for any 25,252
family receiving aid under Chapter 5107. of the Revised Code. 25,253
The county administration for aid to dependent children, 25,255
under the standards of assistance established by the director of 25,256
human services, may establish in so far as practicable and not in 25,257
conflict with federal law, such services not otherwise available 25,258
as may be necessary to help applicants and recipients of aid to 25,259
attain self-care or self-support. 25,260
The EACH county administration for aid to dependent 25,262
children DEPARTMENT OF HUMAN SERVICES shall refer the mother of 25,264
any needy child receiving aid to dependent children, if such 25,265
mother is living with the dependent A PARENT PARTICIPATING IN THE 25,266
WORK COMPONENT WHOSE MINOR child, IS A MEMBER OF THE PARENT'S 25,267
595
ASSISTANCE GROUP to any private or public agency, medical doctor, 25,268
clinic, or other person or organization which can advise her THE 25,269
PARENT on methods of controlling the size and spacing of her THE 25,271
PARENT'S family, consistent with the mother's PARENT'S religious 25,273
and moral views. The A county administration may procure for 25,275
such mothers any pills or devices needed and desired by such 25,277
mothers for the control of conception DEPARTMENT SHALL DOCUMENT 25,278
EACH REFERRAL IT MAKES UNDER THIS SECTION. 25,279
Sec. 5107.12 5107.75. Aid CASH ASSISTANCE under this 25,289
chapter shall be THE WORK COMPONENT IS inalienable whether by way 25,290
of assignment, charge, or otherwise, and exempt from execution, 25,291
attachment, garnishment, and other like process. 25,293
Sec. 5107.04 5107.76. (A) As used in this section, 25,302
"erroneous payments" means payments of aid CASH ASSISTANCE made 25,303
under this chapter THE WORK COMPONENT to persons who are 25,305
ASSISTANCE GROUPS not entitled ELIGIBLE to receive them THE 25,306
ASSISTANCE, including aid ASSISTANCE paid as a result of 25,308
misrepresentation or fraud, and aid ASSISTANCE paid due to an 25,309
error by the recipient A MEMBER OF AN ASSISTANCE GROUP or by the 25,311
A county department of human services that made the payment. 25,312
(B) The amount of aid payable under this chapter in 25,314
respect to any children living in the same home shall be 25,315
determined on the basis of actual need as determined by the state 25,316
department of human services based on state appropriations, 25,317
taking into account the resources and income from other sources 25,318
of such children, their parents, and the relatives in whose home 25,319
they are living. 25,320
(C) The EXCEPT AS PROVIDED IN RULES ADOPTED UNDER SECTION 25,322
5107.13 OF THE REVISED CODE, EACH county department of human 25,323
services shall take action to recover erroneous payments, which. 25,324
ACTION may include REDUCING PAYMENTS OF CASH ASSISTANCE MADE 25,325
UNDER THE WORK COMPONENT TO ASSISTANCE GROUPS THAT RECEIVE 25,327
ERRONEOUS PAYMENTS OR instituting a civil action. Whenever aid 25,328
has been furnished to a recipient for whose support another 25,329
596
person is responsible such other person shall, in addition to the 25,330
liability otherwise imposed, as a consequence of failure to 25,331
support such recipient, be liable for all aid furnished to such 25,332
recipient. The value of the aid so furnished may be recovered in 25,333
a civil action brought by the county department. 25,334
(D) Each county department of human services shall retain 25,336
fifty per cent of the nonfederal share of the erroneous payments 25,337
it recovers, PRIOR TO OCTOBER 1, 1996, DETERMINES OCCURRED under 25,339
this section, REGARDLESS OF WHEN RECOVERY IS MADE. The 25,340
department of human services shall receive the remaining fifty 25,341
per cent of the nonfederal share of the recovered THOSE payments. 25,342
EACH COUNTY DEPARTMENT SHALL RETAIN TWENTY-FIVE PER CENT OF 25,343
ERRONEOUS PAYMENTS IT, ON OR AFTER OCTOBER 1, 1996, DETERMINES 25,344
OCCURRED AND RECOVERS AND THE STATE DEPARTMENT SHALL RECEIVE THE 25,346
REMAINING SEVENTY-FIVE PER CENT.
Sec. 5107.13 5107.77. As part of the monthly financial 25,355
CASH assistance payment provided under this chapter THE WORK 25,357
COMPONENT, an assistance group shall receive a monthly energy 25,359
assistance payment based on the size of the assistance group. 25,360
The part of the monthly financial CASH assistance payment that is 25,361
the monthly energy assistance payment shall be the following: 25,362
Size of assistance group Energy assistance payment 25,364
1 $ 7 25,365
2 $11 25,366
3 $14 25,367
4 $17 25,368
5 $20 25,369
6 $22 25,370
7 $25 25,371
8 $28 25,372
9 $30 25,373
10 $33 25,374
11 $36 25,375
12 $39 25,376
597
13 $41 25,377
14 $44 25,378
15 $47 25,379
For each person in the assistance group that brings the 25,382
assistance group to more than fifteen persons, add three dollars 25,383
to the monthly energy assistance payment an assistance group of 25,384
fifteen receives. 25,385
(C) This section does not increase the monthly financial 25,387
CASH assistance payment an assistance group is eligible to 25,388
receive under this chapter THE WORK COMPONENT. 25,389
Sec. 5107.78. THE DEPARTMENT OF HUMAN SERVICES SHALL 25,391
INCLUDE A NOTICE WITH THE FOLLOWING INFORMATION WITH EACH CASH 25,392
ASSISTANCE PAYMENT PROVIDED UNDER THE WORK COMPONENT TO AN 25,394
ASSISTANCE GROUP RESIDING IN A COUNTY IN WHICH THE COMPUTER 25,395
SYSTEM KNOWN AS SUPPORT ENFORCEMENT TRACKING SYSTEM IS IN
OPERATION: 25,396
(A) THE NUMBER OF MONTHS THE ASSISTANCE GROUP HAS 25,399
PARTICIPATED IN THE WORK COMPONENT AND THE REMAINING NUMBER OF
MONTHS THE ASSISTANCE GROUP MAY PARTICIPATE IN THE COMPONENT AS 25,400
LIMITED BY SECTION 5107.23 OF THE REVISED CODE; 25,402
(B) THE AMOUNT OF SUPPORT PAYMENTS DUE A MEMBER OF THE 25,405
ASSISTANCE GROUP THAT A CHILD SUPPORT ENFORCEMENT AGENCY
COLLECTED AND PAID TO THE DEPARTMENT PURSUANT TO SECTION 5107.25 25,406
OF THE REVISED CODE DURING THE MOST RECENT MONTH FOR WHICH THE 25,408
DEPARTMENT HAS THIS INFORMATION. 25,409
Sec. 5111.01. As used in this chapter, "medical assistance 25,418
program" or "medicaid" means the program that is authorized by 25,420
this section and provided by the department of human services 25,422
under this chapter and, Title XIX of the "Social Security Act," 25,423
49 Stat. 620 (1935), 42 U.S.C.A. 301, as amended, AND THE WAIVERS 25,424
OF TITLE XIX REQUIREMENTS GRANTED TO THE DEPARTMENT BY THE HEALTH 25,427
CARE FINANCING ADMINISTRATION OF THE UNITED STATES DEPARTMENT OF 25,429
HEALTH AND HUMAN SERVICES. 25,430
(A) The department of human services may provide medical 25,432
598
assistance under the medicaid program as long as federal funds 25,434
are provided for such assistance, to the following:
(1) Recipients and potential recipients of aid under 25,437
FAMILIES WITH CHILDREN THAT MEET EITHER OF THE FOLLOWING 25,438
CONDITIONS: 25,439
(a) THE FAMILY MEETS THE INCOME, RESOURCE, AND FAMILY 25,442
COMPOSITION REQUIREMENTS IN EFFECT ON JULY 16, 1996, FOR THE 25,443
FORMER AID TO DEPENDENT CHILDREN PROGRAM AS THOSE REQUIREMENTS 25,444
WERE ESTABLISHED BY CHAPTER 5107. OF THE REVISED CODE, FEDERAL 25,447
WAIVERS GRANTED PURSUANT TO REQUESTS MADE UNDER FORMER SECTION 25,448
5101.09 OF THE REVISED CODE, AND RULES ADOPTED BY THE DEPARTMENT. 25,451
AN ADULT LOSES ELIGIBILITY FOR MEDICAL ASSISTANCE PURSUANT TO 25,452
DIVISION (A)(1)(a) OF THIS SECTION PURSUANT TO DIVISION (E)(3) OF 25,455
SECTION 5107.21 OF THE REVISED CODE. 25,457
(b) THE FAMILY DOES NOT MEET THE REQUIREMENTS SPECIFIED IN 25,460
DIVISION (A)(1)(a) OF THIS SECTION BUT IS PARTICIPATING IN THE 25,463
WORK COMPONENT OF THE OHIO WORKS FIRST PROGRAM ESTABLISHED UNDER 25,465
Chapter 5107. of the Revised Code, persons who are OR IS eligible 25,467
for medical assistance pursuant to section 5101.842, 5101.86,
5101.88, 5101.881, 5101.95, 5107.041, 5107.071, 5107.31, 5107.32, 25,469
5107.34, 5101.18 or 5111.017 DIVISION (E)(1) OR (2) OF SECTION 25,471
5107.21 of the Revised Code despite being ineligible for aid 25,473
under that chapter, and children of minor parents who would be 25,475
eligible for aid under that chapter if not for section 5107.031 25,476
of the Revised Code; TO PARTICIPATE IN THE WORK COMPONENT. 25,477
(2) Aged, blind, and disabled persons who meet the 25,479
following conditions: 25,480
(a) Receive federal aid under Title XVI of the "Social 25,482
Security Act," or are eligible for but are not receiving such 25,483
aid, provided that the income from all other sources for 25,484
individuals with independent living arrangements shall not exceed 25,485
one hundred seventy-five dollars per month. The income standards 25,486
hereby established shall be adjusted annually at the rate that is 25,487
used by the United States department of health and human services 25,489
599
to adjust the amounts payable under Title XVI. 25,490
(b) Do not receive aid under Title XVI, but meet one or 25,492
both ANY of the following criteria: 25,493
(i) Would be eligible to receive such aid, except that 25,495
their income, other than that excluded from consideration as 25,496
income under Title XVI, exceeds the maximum under division 25,497
(A)(2)(a) of this section, and incurred expenses for medical 25,498
care, as determined under federal regulations applicable to 25,499
section 209(b) of the "Social Security Amendments of 1972," 86 25,500
Stat. 1381, 42 U.S.C.A. 1396a(f), as amended, equal or exceed the 25,501
amount by which their income exceeds the maximum under division 25,502
(A)(2)(a) of this section; 25,503
(ii) Received aid for the aged, aid to the blind, or aid 25,505
for the permanently and totally disabled prior to January 1, 25,506
1974, and continue to meet all the same eligibility requirements; 25,507
(iii) ARE ELIGIBLE FOR MEDICAL ASSISTANCE PURSUANT TO 25,509
SECTION 5101.18 OF THE REVISED CODE. 25,510
(3) Persons to whom federal law requires, as a condition 25,512
of state participation in the medicaid program, that medical 25,513
assistance be provided; 25,514
(4) Persons under age twenty-one who meet the financial 25,516
eligibility standards in effect INCOME REQUIREMENTS FOR THE WORK 25,518
COMPONENT OF THE OHIO WORKS FIRST PROGRAM ESTABLISHED under 25,519
Chapter 5107. of the Revised Code but do not qualify as a 25,521
dependent child as defined in section 5107.03 MEET OTHER 25,522
ELIGIBILITY REQUIREMENTS FOR THE COMPONENT. THE DEPARTMENT SHALL 25,523
ADOPT RULES IN ACCORDANCE WITH CHAPTER 119. of the Revised Code; 25,524
(5) Effective October 1, 1993, if funds are appropriated 25,526
by the general assembly for this purpose, children born after 25,527
January 1, 1983, who are not otherwise eligible for assistance 25,528
under this division and whose countable income is at or below two 25,529
hundred per cent of the federal poverty guideline, as revised 25,530
annually by the United States secretary of health and human 25,531
services in accordance with section 673 of the "Community 25,532
600
Services Block Grant Act," 95 Stat. 511 (1981), 42 U.S.C.A. 9902, 25,533
as amended, for a family size equal to the size of the assistance 25,534
group of the person whose income is being determined SPECIFYING 25,536
WHICH WORK COMPONENT REQUIREMENTS SHALL BE WAIVED FOR THE PURPOSE 25,537
OF PROVIDING MEDICAID ELIGIBILITY UNDER DIVISION (A)(4) OF THIS 25,538
SECTION.
(B) If funds are appropriated for such purpose by the 25,540
general assembly, the department may provide medical assistance 25,541
to persons in groups designated by federal law as groups to which 25,543
a state, at its option, may provide medical assistance under the 25,544
medicaid program.
(C) THE DEPARTMENT MAY EXPAND ELIGIBILITY FOR MEDICAL 25,547
ASSISTANCE TO INCLUDE INDIVIDUALS UNDER AGE NINETEEN WITH FAMILY 25,548
INCOMES AT OR BELOW ONE HUNDRED FIFTY PER CENT OF THE FEDERAL 25,549
POVERTY GUIDELINE, EXCEPT THAT THE ELIGIBILITY EXPANSION SHALL 25,550
NOT OCCUR UNLESS THE DEPARTMENT RECEIVES THE APPROVAL OF THE 25,551
FEDERAL GOVERNMENT. THE DEPARTMENT MAY IMPLEMENT THE ELIGIBILITY 25,552
EXPANSION AUTHORIZED UNDER THIS DIVISION ON ANY DATE SELECTED BY 25,553
THE DEPARTMENT, BUT NOT SOONER THAN JANUARY 1, 1998. 25,555
(D) IN ADDITION TO ANY OTHER AUTHORITY OR REQUIREMENT TO 25,558
ADOPT RULES UNDER THIS CHAPTER, THE DEPARTMENT MAY ADOPT RULES IN 25,559
ACCORDANCE WITH SECTION 111.15 OF THE REVISED CODE AS IT 25,561
CONSIDERS NECESSARY TO ESTABLISH STANDARDS, PROCEDURES, AND OTHER 25,562
REQUIREMENTS REGARDING THE PROVISION OF MEDICAL ASSISTANCE. THE 25,563
RULES MAY ESTABLISH REQUIREMENTS TO BE FOLLOWED IN APPLYING FOR 25,564
MEDICAL ASSISTANCE, MAKING DETERMINATIONS OF ELIGIBILITY FOR 25,565
MEDICAL ASSISTANCE, AND VERIFYING ELIGIBILITY FOR MEDICAL 25,566
ASSISTANCE. THE RULES MAY INCLUDE SPECIAL CONDITIONS AS THE 25,567
DEPARTMENT DETERMINES APPROPRIATE FOR MAKING APPLICATIONS, 25,568
DETERMINING ELIGIBILITY, AND VERIFYING ELIGIBILITY FOR ANY 25,569
MEDICAL ASSISTANCE THAT THE DEPARTMENT MAY PROVIDE PURSUANT TO 25,570
DIVISION (C) OF THIS SECTION. 25,571
Sec. 5111.013. (A) The provision of medical assistance to 25,580
pregnant women and young children who are eligible for medical 25,581
601
assistance under division (A)(3) of section 5111.01 of the 25,582
Revised Code, but who are not otherwise eligible for medical 25,583
assistance under that section, shall be known as the healthy 25,584
start program. 25,585
(B) The department of human services shall do all of the 25,587
following with regard to the application procedures for the 25,588
healthy start program and the Ohio children's health care 25,589
program: 25,590
(1) Establish a short application form for each or both 25,592
programs that requires the applicant to provide no more 25,593
information than is necessary for making determinations of 25,594
eligibility for the healthy start or Ohio children's health care 25,595
program, except that the form may require applicants to provide 25,596
their social security numbers. The form shall include a 25,597
statement, which must be signed by the applicant, indicating that 25,598
she does not choose at the time of making application for the 25,599
program to apply for assistance provided under any other program 25,600
administered by the department and that she understands that she 25,601
is permitted at any other time to apply at the county department 25,602
of human services of the county in which she resides for any 25,603
other assistance administered by the department. 25,604
(2) To the extent permitted by federal law, do one or both 25,606
of the following: 25,607
(a) Distribute the application form for the programs to 25,609
each public or private entity that serves as a women, infants, 25,610
and children clinic or as a child and family health clinic and to 25,611
each administrative body for such clinics and train employees of 25,612
each such agency or entity to provide applicants assistance in 25,613
completing the form; 25,614
(b) In cooperation with the department of health, develop 25,616
arrangements under which employees of county departments of human 25,617
services are stationed at public or private agencies or entities 25,619
selected by the department of human services that serve as women, 25,620
infants, and children clinics; child and family health clinics; 25,621
602
or administrative bodies for such clinics for the purpose both of 25,622
assisting applicants for the programs in completing the 25,623
application form and of making determinations at that location of 25,624
eligibility for the programs. 25,625
(3) Establish performance standards by which a county 25,627
department of human services' level of enrollment of persons 25,628
potentially eligible for each program can be measured, and 25,630
establish acceptable levels of enrollment for each county 25,631
department of human services. 25,632
(4) Direct any county department of human services whose 25,635
rate of enrollment of potentially eligible enrollees in either 25,636
program is below acceptable levels established under division 25,637
(B)(3) of this section to implement corrective action. Corrective 25,639
action by the county department of human services may include but 25,640
is not limited to any one or more of the following to the extent 25,641
permitted by federal law:
(a) Establishing formal referral and outreach methods with 25,643
local health departments and local entities receiving funding 25,644
through the bureau of maternal and child health; 25,645
(b) Designating a specialized intake unit within the 25,647
county department of human services for healthy start and Ohio 25,649
health care program applicants;
(c) Establishing abbreviated timeliness requirements to 25,651
shorten the time between receipt of an application and the 25,652
scheduling of an initial application interview; 25,653
(d) Establishing a system for telephone scheduling of 25,655
intake interviews for applicants; 25,656
(e) Establishing procedures to minimize the time an 25,658
applicant must spend in completing the application and 25,659
eligibility determination process, including permitting 25,660
applicants to complete the process at times other than the 25,661
regular business hours of the county department and at locations 25,663
other than the offices of the county department. 25,664
(C) To the extent permitted by federal law, local funds, 25,666
603
whether from public or private sources, expended by a county 25,667
department for administration of the healthy start and Ohio 25,669
children's health care programs shall be considered to have been 25,670
expended by the state for the purpose of determining the extent 25,671
to which the state has complied with any federal requirement that 25,672
the state provide funds to match federal funds for medical 25,673
assistance, except that this division shall not affect the amount 25,674
of funds the county is entitled to receive under section 5101.16, 25,676
5101.161, 5107.01, or 5111.012 of the Revised Code. 25,678
(D) The director of human services shall do one or both of 25,680
the following: 25,681
(1) To the extent that federal funds are provided for such 25,683
assistance, adopt a plan for granting presumptive eligibility for 25,684
pregnant women applying for healthy start; 25,685
(2) To the extent permitted by federal medicaid 25,687
regulations, adopt a plan for making same-day determinations of 25,688
eligibility for pregnant women applying for healthy start. 25,689
(E) A county department of human services that maintains 25,692
offices at more than one location shall accept applications for 25,693
the healthy start program and the Ohio children's health care 25,694
program at all of those locations. 25,695
(F) The director of human services shall adopt rules in 25,697
accordance with section 111.15 of the Revised Code as necessary 25,698
to implement this section. 25,699
Sec. 5111.017. (A) As used in this section: 25,708
(1) "Aid to dependent children" means the program 25,710
established by Chapter 5107. of the Revised Code. 25,711
(2) "Assistance group" has the same meaning as in section 25,716
5107.011 of the Revised Code.
(B) The department of human services shall establish a 25,718
program for substance abuse assessment and treatment referral for 25,720
recipients of medical assistance under this chapter who are 25,721
pregnant and are required by statute or rule of the department to 25,722
receive medical services through a managed care organization. 25,723
604
Each such pregnant woman shall be screened for ALCOHOL AND OTHER 25,724
drug use at her first prenatal medical examination after July 1, 25,725
1996.
The department of human services shall require each managed 25,727
care organization providing services to medical assistance 25,729
recipients pursuant to a contract with the department of human 25,730
services to inform persons who will provide prenatal medical 25,731
services to a pregnant recipient about the requirements of this 25,732
section. The department also shall require persons providing 25,733
prenatal medical services to a pregnant recipient pursuant to the 25,734
managed care organization's contract with the department to refer 25,735
DO BOTH OF THE FOLLOWING IF THE PERSON PROVIDING PRENATAL MEDICAL 25,737
SERVICES, FOLLOWING SCREENING, DETERMINES THE RECIPIENT MAY HAVE 25,738
A SUBSTANCE ABUSE PROBLEM:
(A) REFER the recipient to an organization certified by 25,742
the department of alcohol and drug addiction services for 25,743
assessment if the person providing prenatal medical services to 25,744
her, following screening, determines the recipient may have a
substance abuse problem. Failure of a recipient to cooperate 25,747
with an assessment or participate in treatment in accordance with 25,748
the rules adopted under this section shall result in 25,749
ineligibility for aid to dependent children as follows: 25,750
(1) For a first failure, the recipient is ineligible for 25,754
aid to dependent children until the failure ceases or one payment 25,756
month, whichever is longer;
(2) For a second failure, the recipient and all other 25,758
members of the recipient's assistance group are ineligible for 25,759
aid to dependent children until the failure ceases or one payment 25,761
month, whichever is longer;
(3) For a third failure, the recipient and all other 25,764
members of the recipient's assistance group are ineligible for 25,765
aid to dependent children until the failure ceases or two payment 25,767
months, whichever is longer;
(4) For a fourth or subsequent failure, the recipient and 25,769
605
all other members of the recipient's assistance group are 25,771
ineligible for aid to dependent children until the failure ceases
or six payment months, whichever is longer. 25,772
(C) If a recipient of aid to dependent children under age 25,775
eighteen is a member of an assistance group sanctioned under 25,776
division (B)(2), (3), or (4) of this section, the sanction 25,778
applied to the recipient shall cease if the recipient ceases to 25,780
reside with a specified relative, as defined by rules adopted 25,782
pursuant to section 5107.03 of the Revised Code, who was a member 25,783
of the sanctioned assistance group, unless the recipient is the 25,785
member of the assistance group whose failure to cooperate with an 25,787
assessment or participate in treatment caused the sanction. The 25,788
sanction shall continue for all other members of the assistance 25,789
group for the amount of time specified in division (B)(2), (3), 25,791
or (4) of this section.
(D) A person who would be eligible for aid to dependent 25,794
children if not for this section is eligible for the medical 25,796
assistance program.
(E) Not later than July 1, 1996, the; 25,798
(B) INFORM THE RECIPIENT OF THE POSSIBLE EFFECTS OF 25,800
ALCOHOL AND OTHER DRUG USE ON THE FETUS. 25,801
THE department of human services, in consultation with the 25,805
department of alcohol and drug addiction services, shall adopt 25,806
rules IN ACCORDANCE WITH CHAPTER 119. OF THE REVISED CODE
necessary to implement this section. 25,807
(F) If any provision of this section conflicts with the 25,809
terms and conditions of a federal waiver granted pursuant to an 25,810
application made under section 5101.09 of the Revised Code, the 25,811
terms and conditions of the federal waiver prevail. 25,812
Sec. 5111.023. (A) The department of human services may 25,821
provide medical assistance under Title XIX of the "Social 25,822
Security Act," 49 Stat. 620 (1935), 42 U.S.C. 301, as amended, in 25,823
addition to such assistance provided under section 5111.01 of the 25,824
Revised Code, as long as federal funds are provided for such 25,825
606
assistance, to each former recipient PARTICIPANT of assistance 25,827
under THE WORK COMPONENT OF THE OHIO WORKS FIRST PROGRAM 25,828
ESTABLISHED UNDER Chapter 5107. of the Revised Code who meets all 25,829
of the following requirements: 25,830
(1) Is ineligible for assistance under Chapter 5107. of 25,832
the Revised Code TO PARTICIPATE IN THE WORK COMPONENT solely as a 25,833
result of increased income due to employment; 25,834
(2) Is not covered by, and does not have access to, 25,836
medical insurance coverage through the employer with benefits 25,837
comparable to those provided under this section, as determined in 25,838
accordance with rules adopted by the department of human services 25,839
under division (B) of this section; 25,840
(3) Meets any other requirement established by rule 25,842
adopted under division (B) of this section. 25,843
(B) The department of human services shall adopt such 25,845
rules under Chapter 119. of the Revised Code as are necessary to 25,846
implement and administer the medical assistance program under 25,847
this section. 25,848
(C) A person seeking to participate in a program of 25,850
medical assistance under this section shall apply to the county 25,851
department of human services in the county in which the applicant 25,852
resides. The application shall be made on a form prescribed by 25,854
the state department of human services and furnished by the 25,855
county department. 25,856
(D) If the county department of human services determines 25,858
that a person is eligible to receive medical assistance under 25,859
this section, the department shall provide assistance, to the 25,860
same extent and in the same manner as medical assistance is 25,861
provided to a person eligible for assistance under Chapter 5107. 25,862
of the Revised Code PARTICIPATING IN THE WORK COMPONENT, for no 25,863
longer than eighteen TWELVE months, beginning the month after the 25,865
date the recipient's PARTICIPANT'S medical assistance under 25,866
Chapter 5107. of the Revised Code THE WORK COMPONENT is 25,869
terminated.
607
Sec. 5111.09. On or before the first day of January of 25,878
each year, the department of human services shall submit to the 25,879
speaker AND MINORITY LEADER of the house of representatives and 25,880
the president AND MINORITY LEADER of the senate, and shall make 25,882
available to the public, a report on the effectiveness of the aid 25,883
to dependent children WORK COMPONENT OF THE OHIO WORKS FIRST 25,884
program established under Chapter 5107. of the Revised Code and 25,885
the medical assistance program established under this chapter in 25,886
meeting the health care needs of low-income pregnant women, 25,887
infants, and children. The report shall include: the estimated 25,888
number of persons eligible for health care services to pregnant 25,889
women, infants, and children under the programs; the actual 25,890
number of eligible persons served; the number of prenatal, 25,891
postpartum, and child health visits; a report on birth outcomes, 25,892
including a comparison of low-birthweight births and infant 25,893
mortality rates of program participants with the general female 25,894
child-bearing and infant population in this state; and a 25,895
comparison of the prenatal, delivery, and child health costs of 25,896
the programs with such costs of similar programs in other states, 25,897
where available. 25,898
Sec. 5111.113. AS USED IN THIS SECTION, "NURSING FACILITY" 25,901
HAS THE SAME MEANING AS IN SECTION 5111.20 OF THE REVISED CODE. 25,902
IN DETERMINING THE AMOUNT OF INCOME A RECIPIENT OF MEDICAL 25,905
ASSISTANCE MUST APPLY MONTHLY TO PAYMENT OF THE COST OF CARE IN A 25,906
NURSING FACILITY, THE COUNTY DEPARTMENT OF HUMAN SERVICES SHALL 25,907
DEDUCT FROM THE RECIPIENT'S MONTHLY INCOME A MONTHLY PERSONAL 25,908
NEEDS ALLOWANCE IN ACCORDANCE WITH SECTION 1902 OF THE "SOCIAL 25,909
SECURITY ACT," 49 STAT. 620 (1935), 42 U.S.C. 1396a, AS AMENDED. 25,912
THE MONTHLY PERSONAL NEEDS ALLOWANCE SHALL BE NOT LESS THAN FORTY
DOLLARS FOR AN INDIVIDUAL RESIDENT OF A NURSING FACILITY AND NOT 25,913
LESS THAN EIGHTY DOLLARS FOR A MARRIED COUPLE IF BOTH SPOUSES ARE 25,914
RESIDENTS OF A NURSING FACILITY. 25,915
Sec. 5115.01. (A) There is hereby established the 25,924
disability assistance program. Except as provided in division (D) 25,926
608
of this section, a disability assistance recipient shall receive 25,927
financial assistance. Except as provided in section 5115.11 of 25,928
the Revised Code, a disability assistance recipient also shall 25,929
receive disability assistance medical assistance. 25,930
Except as provided by division (B) of this section, a 25,932
person who meets all of the following requirements is eligible 25,933
for disability assistance: 25,934
(1) The person is ineligible for aid to dependent children 25,936
provided under TO PARTICIPATE IN THE OHIO WORKS FIRST PROGRAM 25,937
ESTABLISHED UNDER Chapter 5107. of the Revised Code and TO 25,939
RECEIVE supplemental security income provided pursuant to Title 25,941
XVI of the "Social Security Act," 86 Stat. 1475 (1972), 42 25,942
U.S.C.A. 1383, as amended;
(2) The person is at least one of the following: 25,944
(a) Under age eighteen; 25,946
(b) Age sixty or older; 25,948
(c) Pregnant; 25,950
(d) Unable to do any substantial or gainful activity by 25,952
reason of a medically determinable physical or mental impairment 25,953
that can be expected to result in death or has lasted or can be 25,954
expected to last for not less than nine months;
(e) A resident of a residential treatment center AN ACTIVE 25,956
PARTICIPANT IN AN ALCOHOL OR DRUG ADDICTION PROGRAM certified by 25,957
the department of alcohol and drug addiction services; UNDER 25,958
SECTION 3793.06 OF THE REVISED CODE, INCLUDING A FORMER RECIPIENT 25,959
OF SUPPLEMENTAL SECURITY INCOME WHO LOST ELIGIBILITY FOR THAT 25,960
PROGRAM BECAUSE OF THE ENACTMENT OF PARAGRAPH (b)(1) OF SECTION 25,961
105 OF THE "CONTRACT WITH AMERICA ADVANCEMENT ACT OF 1996," 110 25,967
STAT. 847, 42 U.S.C. 1382c(a)(3). A PERSON ON A WAITING LIST TO 25,970
PARTICIPATE IN AN ALCOHOL OR DRUG ADDICTION PROGRAM, OR OTHERWISE 25,972
NOT PARTICIPATING IN A PROGRAM WHILE WAITING FOR TREATMENT 25,973
SERVICES AT A PROGRAM TO BECOME AVAILABLE, IS NOT AN ACTIVE 25,974
PARTICIPANT.
(f) Medication dependent as determined by a physician, as 25,976
609
defined in section 4730.01 of the Revised Code, who has certified 25,977
to the county department of human services that the person is 25,978
receiving ongoing treatment for a chronic medical condition 25,979
requiring continuous prescription medication for an indefinite, 25,980
long-term period of time and for whom the loss of the medication
would result in a significant risk of medical emergency and loss 25,981
of employability lasting at least nine months. 25,982
(3) The person meets the eligibility requirements 25,984
established by the department of human services in rules adopted 25,985
under section 5115.05 of the Revised Code. 25,986
(B)(1) A person is ineligible for disability assistance if 25,988
the person is ineligible for aid to dependent children, or 25,989
financial assistance under that program, TO PARTICIPATE IN THE 25,990
OHIO WORKS FIRST PROGRAM because of any of the following: 25,992
(a) A penalty pursuant to section 5101.842, 5101.88, 25,994
5101.881, 5101.95, 5107.01, 5107.031, 5107.041, 5107.071, 25,995
5107.30, 5107.31, 5107.32, SECTION 5107.17, 5107.20, or 5111.017 25,996
5107.21 of the Revised Code or division (C) of section 5101.86 of 26,000
the Revised Code;
(b) The person's extended eligibility for aid to dependent 26,003
children TO PARTICIPATE IN THE WORK COMPONENT OF THE OHIO WORKS 26,004
FIRST PROGRAM made possible by the earned income disregard 26,005
established under division (B)(1) (D)(2) of section 5107.033 26,007
5107.03 of the Revised Code has ceased due to the limited number 26,008
of months the disregard is applied;
(c) The time limit for financial assistance established by 26,011
section 5107.33 5107.23 of the Revised Code;
(d) Failure to comply with an application or verification 26,014
procedure;
(e) The fraud control program established pursuant to 45 26,017
C.F.R. 235.112, AS IN EFFECT JULY 1, 1996. 26,018
(2) A person under age eighteen is ineligible for 26,020
disability assistance pursuant to division (B)(1)(a) of this 26,022
section only if the person caused the penalty ASSISTANCE GROUP TO 26,023
610
BE INELIGIBLE TO PARTICIPATE IN THE OHIO WORKS FIRST PROGRAM or 26,025
resides with a person age eighteen or older who was a member of 26,026
the same INELIGIBLE assistance group that is ineligible for aid 26,028
to dependent children pursuant to a penalty specified in division 26,030
(B)(1)(a) of this section. A person age eighteen or older is 26,031
ineligible for disability assistance pursuant to division 26,032
(B)(1)(a) of this section regardless of whether the person caused 26,033
the penalty ASSISTANCE GROUP TO BE INELIGIBLE TO PARTICIPATE IN 26,034
THE OHIO WORKS FIRST PROGRAM.
(C) No THE COUNTY DEPARTMENT OF HUMAN SERVICES THAT SERVES 26,037
THE COUNTY IN WHICH A person is eligible for RECEIVING disability 26,038
assistance pursuant to division (A)(2)(e) of this section more 26,039
than once in a five-year period PARTICIPATES IN AN ALCOHOL OR 26,040
DRUG ADDICTION PROGRAM SHALL DESIGNATE A REPRESENTATIVE PAYEE FOR 26,041
PURPOSES OF RECEIVING AND DISTRIBUTING FINANCIAL ASSISTANCE 26,042
PROVIDED UNDER THE DISABILITY ASSISTANCE PROGRAM TO THE PERSON. 26,043
(D) A person eligible for disability assistance pursuant 26,045
to division (A)(2)(f) of this section shall not receive financial 26,046
assistance.
(E) The department shall adopt rules in accordance with 26,048
section 111.15 of the Revised Code defining terms and 26,049
establishing standards for determining whether a person meets a 26,050
condition of disability assistance eligibility pursuant to this 26,051
section.
Sec. 5115.03. (A) The state department of human services 26,060
shall do all BOTH of the following: 26,061
(1)(A) Adopt rules governing the administration of 26,063
disability assistance, including the administration of financial 26,064
assistance and disability assistance medical assistance. The 26,066
rules shall be binding on county departments of human services. 26,067
(2)(B) Make investigations to determine whether disability 26,069
assistance is being administered in compliance with the Revised 26,070
Code and rules adopted by the state department. 26,071
(3) Administer disability assistance in a county where the 26,073
611
county department of human services fails to perform the 26,074
administrative functions required of it under section 5115.02 of 26,075
the Revised Code. 26,076
(B) If the state department administers disability 26,078
assistance in a county pursuant to division (A)(3) of this 26,079
section, it may expend any local funds available for 26,080
administration of disability assistance, and for a period not to 26,081
exceed three months, if necessary, may pay the entire 26,082
administrative cost of disability assistance in the county from 26,083
state appropriations for disability assistance. The county shall 26,084
promptly reimburse the department for any funds spent by the 26,085
state during any period the department administers disability 26,086
assistance in the county. 26,087
(C) The state department shall adopt rules in accordance 26,089
with section 111.15 of the Revised Code governing the custody, 26,090
use, and preservation of disability assistance records, papers, 26,091
files, and communications of the state department, county 26,092
departments, and all other state and county offices and officials 26,093
participating in administration of disability assistance. Each 26,094
government entity that acquires or maintains records that include 26,095
names of or other information about disability assistance 26,096
applicants or recipients shall adopt such rules as are necessary 26,097
to prevent disclosure of the names or information except as 26,098
required for administration of disability assistance or as 26,099
required by other sections of the Revised Code. 26,100
Except for purposes directly connected with administration 26,102
of disability assistance or as required by any other section of 26,103
the Revised Code, no person shall solicit, disclose, receive, 26,104
make use of, or knowingly permit, participate in, or acquiesce in 26,105
the use of names or other information about disability assistance 26,106
applicants or recipients that is derived from the records, 26,107
papers, files, or communications of any government entity or 26,108
acquired in the course of performing official duties. Any use of 26,109
names or other information about disability assistance applicants 26,110
612
or recipients that is permitted by this division shall be in 26,111
accordance with the rules adopted by the state department. 26,112
Sec. 5115.05. The state department of human services shall 26,121
adopt rules establishing application and verification procedures, 26,122
reapplication procedures, and income, resource, citizenship, age, 26,123
residence, living arrangement, assistance group composition, and 26,124
other eligibility requirements for disability assistance. The 26,125
rules may provide for disregarding amounts of earned and unearned 26,126
income for the purpose of determining whether an assistance group 26,127
is eligible for assistance and the amount of assistance provided 26,128
under this chapter. The rules also may provide that the income 26,129
and resources, or a certain amount of the income and resources, 26,130
of a member of an assistance group's family group will be 26,132
included in determining whether the assistance group is eligible 26,133
for aid and the amount of aid provided under this chapter. 26,134
Unless the director of human services has provided for the 26,137
paying of assistance under this chapter by electronic benefit
transfer pursuant to section 5101.33 of the Revised Code, 26,138
accompanying the application in any county with a system of 26,139
direct deposit for payments of such assistance under this chapter 26,140
shall be the authorization form required by section 329.03 of the 26,141
Revised Code. If the FINANCIAL assistance UNDER THIS CHAPTER is 26,143
to be paid by the auditor of state through the medium of direct 26,144
deposit, the application shall be accompanied by an authorization 26,145
form on which the recipient states either of the following: 26,146
(A) His designation of a financial institution that is 26,149
equipped for electronic fund transfers and authorized by law to 26,150
accept direct deposits by electronic transfer and the account to 26,151
which he wishes his payments to be made by direct deposit; 26,153
(B) His election to receive such payments in the form of a 26,156
paper warrant INFORMATION THE AUDITOR NEEDS TO MAKE DIRECT 26,157
DEPOSITS.
The state department may require recipients of disability 26,159
assistance to participate in a reapplication process two months 26,160
613
after initial approval for assistance has been determined and at 26,161
such other times as the state department requires. 26,162
If a recipient of disability assistance, or the spouse of 26,164
or member of the assistance group of a recipient, becomes 26,165
possessed of resources or income in excess of the amount allowed 26,166
under rules adopted by the state department under this section, 26,167
or if other changes occur that affect the person's eligibility or 26,168
need for assistance, the recipient shall notify the state 26,169
department or county department of human services within the time 26,170
limits specified in the rules. Failure of a recipient to report 26,171
possession of excess resources or income or a change affecting 26,172
eligibility or need within those time limits shall be considered 26,173
prima-facie evidence of intent to defraud under section 5115.15 26,174
of the Revised Code. 26,175
Each applicant for or recipient of disability assistance 26,177
shall make reasonable efforts to secure support from persons 26,178
responsible for his THE APPLICANT'S OR RECIPIENT'S support, and 26,179
from other sources, as a means of preventing or reducing the 26,181
provision of disability assistance at public expense. The state 26,184
department or county department may provide assistance to the 26,185
applicant or recipient in securing other forms of financial or 26,186
medical assistance.
Notwithstanding section 3109.01 of the Revised Code, when a 26,188
disability assistance applicant or recipient who is at least 26,189
eighteen but under twenty-two years of age resides with his THE 26,190
APPLICANT'S OR RECIPIENT'S parents, the income of the parents 26,191
shall be taken into account in determining his THE APPLICANT'S OR 26,192
RECIPIENT'S financial eligibility. The state department shall 26,194
adopt rules for determining the amount of income to be attributed 26,195
to the assistance group of applicants in this age category. 26,196
(C) Any person who applies for assistance under this 26,198
section shall receive a voter registration application under 26,199
section 3503.10 of the Revised Code. 26,200
Sec. 5119.22. (A)(1) As used in this section: 26,209
614
(a) "Mental health agency" means a community mental health 26,211
agency as defined in division (H) of section 5122.01 of the 26,212
Revised Code, or a community mental health facility certified by 26,213
the department of mental health pursuant to division (I) of 26,214
section 5119.01 of the Revised Code. 26,215
(b) "Mental health services" means any of the services 26,217
listed in section 340.09 of the Revised Code. 26,218
(c) "Personal care services" means services including, but 26,220
not limited to, the following: 26,221
(i) Assisting residents with activities of daily living; 26,223
(ii) Assisting residents with self-administration of 26,225
medication in accordance with rules adopted under this section; 26,226
(iii) Preparing special diets, other than complex 26,228
therapeutic diets, for residents pursuant to the instructions of 26,229
a physician or a licensed dietitian, in accordance with rules 26,230
adopted under this section. 26,231
"Personal care services" does not include "skilled nursing 26,233
care" as defined in section 3721.01 of the Revised Code. A 26,234
facility need not provide more than one of the services listed in 26,235
division (A)(1)(c) of this section to be considered to be 26,236
providing personal care services. 26,237
(d) "Residential facility" means a publicly or privately 26,239
operated home or facility that provides one of the following: 26,240
(i) Room and board, personal care services, and mental 26,242
health services to one or more persons with mental illness or 26,243
persons with severe mental disabilities who are referred by or 26,244
are receiving mental health services from a mental health agency, 26,245
hospital, or practitioner; 26,246
(ii) Room and board and personal care services to one or 26,248
two persons with mental illness or persons with severe mental 26,249
disabilities who are referred by or are receiving mental health 26,250
services from a mental health agency, hospital, or practitioner; 26,251
(iii) Room and board to five or more persons with mental 26,253
illness or persons with severe mental disabilities who are 26,254
615
referred by or are receiving mental health services from a mental 26,255
health agency, hospital, or practitioner. 26,256
The following are not residential facilities: the 26,258
residence of a relative or guardian of a mentally ill individual, 26,259
a hospital subject to licensure under section 5119.20 of the 26,260
Revised Code, a residential facility as defined in section 26,261
5123.19 of the Revised Code, a facility providing care for a 26,262
child in the custody of a county department of human services, 26,263
county PUBLIC children services board, AGENCY or a private agency 26,265
certified under section 5103.03 of the Revised Code, a foster
care facility subject to section 5103.03 of the Revised Code, an 26,267
adult care facility subject to licensure under Chapter 3722. of 26,268
the Revised Code, and a nursing home, residential care facility, 26,270
or home for the aging subject to licensure under section 3721.02 26,271
of the Revised Code.
(2) Nothing in division (A)(1)(d) of this section shall be 26,273
construed to permit personal care services to be imposed on a 26,274
resident who is capable of performing the activity in question 26,275
without assistance. 26,276
(3) Except in the case of a residential facility described 26,278
in division (A)(1)(d)(i) of this section, members of the staff of 26,279
a residential facility shall not administer medication to 26,280
residents, all medication taken by residents of a residential 26,281
facility shall be self-administered, and no person shall be 26,282
admitted to or retained by a residential facility unless the 26,283
person is capable of taking his THE PERSON'S own medication and 26,284
biologicals, as determined in writing by the person's personal 26,285
physician. Members of the staff of a residential facility may do 26,286
any of the following: 26,287
(a) Remind a resident when to take medication and watch to 26,289
ensure that the resident follows the directions on the container; 26,290
(b) Assist a resident in the self-administration of 26,292
medication by taking the medication from the locked area where it 26,293
is stored, in accordance with rules adopted pursuant to this 26,294
616
section, and handing it to the resident. If the resident is 26,295
physically unable to open the container, a staff member may open 26,296
the container for the resident. 26,297
(c) Assist a physically impaired but mentally alert 26,299
resident, such as a resident with arthritis, cerebral palsy, or 26,300
Parkinson's disease, in removing oral or topical medication from 26,301
containers and in consuming or applying the medication, upon 26,302
request by or with the consent of the resident. If a resident is 26,303
physically unable to place a dose of medicine to his THE 26,304
RESIDENT'S mouth without spilling it, a staff member may place 26,305
the dose in a container and place the container to the mouth of 26,307
the resident.
(B) Every person operating or desiring to operate a 26,309
residential facility shall apply for licensure of the facility to 26,310
the department of mental health and shall send a copy of the 26,311
application to the board of alcohol, drug addiction, and mental 26,312
health services whose service district includes the county in 26,313
which the person operates or desires to operate a residential 26,314
facility. The board shall review such applications and recommend 26,315
approval or disapproval to the department. Each recommendation 26,316
shall be consistent with the board's community mental health 26,317
plan. 26,318
(C) The department of mental health shall inspect and 26,320
license the operation of residential facilities. The department 26,321
shall consider the past record of the facility and the applicant 26,322
or licensee in arriving at its licensure decision. The 26,323
department may issue full, probationary, and interim licenses. A 26,324
full license shall expire one year after the date of issuance, a 26,325
probationary license shall expire in a shorter period of time as 26,326
prescribed by rule adopted by the director of mental health 26,327
pursuant to Chapter 119. of the Revised Code, and an interim 26,328
license shall expire ninety days after the date of issuance. The 26,329
department may refuse to issue or renew and may revoke a license 26,330
if it finds the facility is not in compliance with rules adopted 26,331
617
by the department pursuant to division (G) of this section or if 26,332
any facility operated by the applicant or licensee has had 26,333
repeated violations of statutes or rules during the period of 26,334
previous licenses. Proceedings initiated to deny applications 26,335
for full or probationary licenses or to revoke such licenses are 26,336
governed by Chapter 119. of the Revised Code. 26,337
(D) The department may issue an interim license to operate 26,339
a residential facility if both of the following conditions are 26,340
met: 26,341
(1) The department determines that the closing of or the 26,343
need to remove residents from another residential facility has 26,344
created an emergency situation requiring immediate removal of 26,345
residents and an insufficient number of licensed beds are 26,346
available. 26,347
(2) The residential facility applying for an interim 26,349
license meets standards established for interim licenses in rules 26,350
adopted by the director under Chapter 119. of the Revised Code. 26,351
An interim license shall be valid for ninety days and may 26,353
be renewed by the director no more than twice. Proceedings 26,354
initiated to deny applications for or to revoke interim licenses 26,355
under this division are not subject to Chapter 119. of the 26,356
Revised Code. 26,357
(E) The department of mental health may conduct an 26,359
inspection of a residential facility: 26,360
(1) Prior to the issuance of a license to a prospective 26,362
operator; 26,363
(2) Prior to the renewal of any operator's license; 26,365
(3) To determine whether a facility has completed a plan 26,367
of correction required pursuant to this division and corrected 26,368
deficiencies to the satisfaction of the department and in 26,369
compliance with this section and rules adopted pursuant to it; 26,370
(4) Upon complaint by any individual or agency; 26,372
(5) At any time the director considers an inspection to be 26,374
necessary in order to determine whether a residential facility is 26,375
618
in compliance with this section and rules adopted pursuant to 26,376
this section. 26,377
In conducting inspections the department may conduct an 26,379
on-site examination and evaluation of the residential facility, 26,380
its personnel, activities, and services. The department shall 26,381
have access to examine all records, accounts, and any other 26,382
documents relating to the operation of the residential facility, 26,383
and shall have access to the facility in order to conduct 26,384
interviews with the operator, staff, and residents. Following 26,385
each inspection and review, the department shall complete a 26,386
report listing any deficiencies, and including, when appropriate, 26,387
a time table within which the operator shall correct the 26,388
deficiencies. The department may require the operator to submit 26,389
a plan of correction describing how the deficiencies will be 26,390
corrected. 26,391
(F) No person shall do any of the following: 26,393
(1) Operate a residential facility unless the facility 26,395
holds a valid license; 26,396
(2) Violate any of the conditions of licensure after 26,398
having been granted a license; 26,399
(3) Interfere with a state or local official's inspection 26,401
or investigation of a residential facility; 26,402
(4) Violate any of the provisions of this section or any 26,404
rules adopted pursuant to this section. 26,405
(G) The director shall adopt and may amend and rescind 26,407
rules pursuant to Chapter 119. of the Revised Code, prescribing 26,408
minimum standards for the health, safety, adequacy, and cultural 26,409
specificity and sensitivity of treatment of and services for 26,410
persons in residential facilities; establishing procedures for 26,411
the issuance, renewal or revocation of the licenses of such 26,412
facilities; establishing the maximum number of residents of a 26,413
facility; establishing the rights of residents and procedures to 26,414
protect such rights; and requiring an affiliation agreement 26,415
approved by the board between a residential facility and a mental 26,416
619
health agency. Such affiliation agreement must be consistent 26,417
with the residential portion of the community mental health plan 26,418
submitted pursuant to section 340.03 of the Revised Code. 26,419
(H) The department may investigate any facility that has 26,421
been reported to the department or that the department has 26,422
reasonable cause to believe is operating as a residential 26,423
facility without a valid license. 26,424
(I) The department may withhold the source of any 26,426
complaint reported as a violation of this act when the department 26,427
determines that disclosure could be detrimental to the 26,428
department's purposes or could jeopardize the investigation. The 26,429
department may disclose the source of any complaint if the 26,430
complainant agrees in writing to such disclosure and shall 26,431
disclose the source upon order by a court of competent 26,432
jurisdiction. 26,433
(J) The director of mental health may petition the court 26,435
of common pleas of the county in which a residential facility is 26,436
located for an order enjoining any person from operating a 26,437
residential facility without a license or from operating a 26,438
licensed facility when, in the director's judgment, there is a 26,439
real and present danger to the health or safety of any of the 26,440
occupants of the facility. The court shall have jurisdiction to 26,441
grant such injunctive relief upon a showing that the respondent 26,442
named in the petition is operating a facility without a license 26,443
or there is a real and present danger to the health or safety of 26,444
any residents of the facility. 26,445
(K) Whoever violates division (F) of this section or any 26,447
rule adopted under this section is liable for a civil penalty of 26,448
one hundred dollars for the first offense; for each subsequent 26,449
offense, such violator is liable for a civil penalty of five 26,450
hundred dollars. If the violator does not pay, the attorney 26,451
general, upon the request of the director of mental health, shall 26,452
bring a civil action to collect the penalty. Fines collected 26,453
pursuant to this section shall be deposited into the state 26,454
620
treasury to the credit of the mental health sale of goods and 26,455
services fund. 26,456
Sec. 5119.65. (A) No person, organization, or public or 26,465
private agency shall operate a shelter for runaway minors, except 26,466
the PUBLIC children services board or county department of human 26,467
services which has assumed the administration of child welfare 26,468
AGENCY, unless such person, organization, or agency complies with 26,469
sections 5119.64 to 5119.68 of the Revised Code and rules adopted 26,470
under such sections by the board of alcohol, drug addiction, and 26,471
mental health services serving the alcohol, drug addiction, and 26,472
mental health service district in which the shelter is located. 26,473
(B) Whoever violates division (A) of this section shall be 26,475
fined not less than five or more than five hundred dollars. 26,476
Sec. 5119.68. Each shelter for runaways shall submit to 26,485
the board of alcohol, drug addiction, and mental health services 26,486
serving the alcohol, drug addiction, and mental health service 26,488
district in which it is located such information as the board 26,489
requires concerning the operation of the shelter and compilations
of data concerning runaway minors and other individuals served by 26,490
the shelter.
The board shall, at least annually, send a list of shelters 26,492
in operation in the county to the juvenile court and to the 26,493
PUBLIC children services board or county department of human 26,495
services which has assumed the administration of child welfare in 26,496
the county AGENCY.
Sec. 5122.39. (A) Mentally ill minors shall remain under 26,505
the natural guardianship of their parents, notwithstanding 26,506
hospitalization pursuant to this chapter, unless parental rights 26,507
have been terminated pursuant to a court finding that the minor 26,508
is neglected or dependent. Where a mentally ill minor is found 26,509
to be dependent or neglected, the county PUBLIC children's 26,510
services board or the county department of human services which 26,511
has assumed the administration of child welfare AGENCY in the 26,512
county of residence has final guardianship authority and 26,513
621
responsibility.
(B) In no case shall the guardianship of a mentally ill 26,515
person be assigned to the chief medical officer or any staff 26,516
member of a hospital, board, or agency from which the person is 26,517
receiving mental health services.
Sec. 5123.93. Mentally retarded minors shall remain under 26,526
the guardianship of their parents or of a guardian appointed 26,527
pursuant to Chapter 2111. of the Revised Code, notwithstanding 26,528
institutionalization pursuant to any section of this chapter, 26,529
unless parental rights have been terminated pursuant to a court 26,530
finding that the child is neglected, abused, or dependent 26,531
pursuant to Chapter 2151. of the Revised Code. If a mentally 26,532
retarded minor has been found to be dependent, abused, or 26,533
neglected, the county children's PUBLIC CHILDREN services board 26,535
AGENCY to whom permanent custody has been assigned pursuant to 26,536
Chapter 2151. of the Revised Code shall have the same authority
and responsibility it would have if the child were not mentally 26,538
retarded and were not institutionalized. In no case shall the 26,539
guardianship of a mentally retarded person be assigned to the 26,540
managing officer or any other employee of an institution in which 26,541
the person is institutionalized. 26,542
Sec. 5139.18. (A) The department of youth services is 26,551
responsible for locating homes or jobs for children released from 26,552
its institutions, for supervision of children released from its 26,553
institutions, and for providing or arranging for the provision to 26,554
those children of appropriate services that are required to 26,555
facilitate their satisfactory community adjustment. 26,556
(B) The department of youth services shall exercise 26,558
general supervision over all children who have been released on 26,559
placement from any of the its institutions. The director of 26,560
youth services, with the consent and approval of the board of 26,561
county commissioners of any county, may contract with the 26,562
department of human services of that county, if the department 26,563
has assumed the administration of child welfare, the PUBLIC 26,564
622
children services board AGENCY of that county, the department of 26,565
probation of that county established pursuant to section 2301.27 26,566
of the Revised Code, or the probation department or service 26,567
established pursuant to sections 2151.01 to 2151.54 of the 26,568
Revised Code for the provision of direct supervision and control 26,569
over and the provision of supportive assistance to all children 26,570
who have been released on placement into that county from any of 26,571
its institutions, or, with the consent of the juvenile judge or 26,572
the administrative judge of the juvenile court of any county, 26,573
contract with any other public agency, institution, or 26,574
organization that is qualified to provide the care and 26,575
supervision that is required under the terms and conditions of 26,576
the child's treatment plan for the provision of direct 26,577
supervision and control over and the provision of supportive 26,578
assistance to all children who have been released on placement 26,579
into that county from any of its institutions. 26,580
(D)(C) Whenever any placement official has reasonable 26,582
cause to believe that any child has violated the terms and 26,583
conditions of his THE CHILD'S placement, the official may 26,584
request, in writing, from the committing court or transferee 26,586
court a custodial order, and, upon reasonable and probable cause, 26,587
the court may order any sheriff, deputy sheriff, constable, or 26,588
police officer to apprehend the child. A child so apprehended 26,589
may be confined in the detention home of the county in which he 26,590
THE CHILD is apprehended until further order of the court. 26,592
Sec. 5153.01. As (A) AS USED IN THE REVISED CODE, "PUBLIC 26,602
CHILDREN SERVICES AGENCY" MEANS AN ENTITY SPECIFIED IN SECTION 26,603
5153.02 OF THE REVISED CODE THAT HAS ASSUMED THE POWERS AND 26,605
DUTIES OF THE CHILDREN SERVICES FUNCTION PRESCRIBED BY THIS 26,606
CHAPTER FOR A COUNTY.
(B) AS used in sections 5153.01 to 5153.42 of the Revised 26,609
Code THIS CHAPTER:
(A)(1) "BABYSITTING CARE" MEANS CARE PROVIDED FOR A CHILD 26,611
WHILE THE PARENTS, GUARDIAN, OR LEGAL CUSTODIAN OF THE CHILD ARE 26,612
623
TEMPORARILY AWAY. 26,613
(2) "CERTIFIED FAMILY FOSTER HOME" MEANS A FAMILY FOSTER 26,615
HOME OPERATED BY A PERSON HOLDING A CERTIFICATE ISSUED PURSUANT 26,616
TO SECTION 5103.03 OF THE REVISED CODE THAT IS IN FULL FORCE AND 26,618
EFFECT.
(3) "CERTIFIED ORGANIZATION" MEANS ANY ORGANIZATION 26,620
HOLDING A CERTIFICATE ISSUED PURSUANT TO SECTION 5103.03 OF THE 26,622
REVISED CODE THAT IS IN FULL FORCE AND EFFECT.
(4) "Child" means any person under eighteen years of age 26,624
or a mentally or physically handicapped person, as defined by 26,625
rule of the department of human services, under twenty-one years 26,626
of age. 26,627
(B) "County department of human services" means a county 26,629
department of human services which has assumed the administration 26,630
of child welfare. 26,631
(C)(5) "Executive director" means the person charged with 26,633
the responsibility of administering the powers and duties of such 26,634
sections, whether he is A PUBLIC CHILDREN SERVICES AGENCY 26,635
appointed by the county children services board or by the county 26,637
director of human services, or whether the county director of 26,638
human services himself serves as such executive director PURSUANT 26,639
TO SECTION 5153.10 OF THE REVISED CODE.
(D) "Organization" means any institution, including 26,641
maternity homes and day nurseries, public, semipublic, or 26,642
private, and any private association, society, or agency, located 26,643
or operating in this state, incorporated or unincorporated, 26,644
having among its functions the furnishing of protective services 26,645
or care for children, or the placement of children in foster 26,646
homes or elsewhere. 26,647
(E) "Certified organization" means any organization 26,649
mentioned in division (D) of this section, holding a certificate 26,650
that is in full force and effect, issued pursuant to section 26,651
5103.03 of the Revised Code. 26,652
(F) "Foster home" means a family home in which any child 26,654
624
is received, apart from its parents, for care, supervision, or 26,655
training. 26,656
(G) "Certified family foster home" means a family foster 26,658
home operated by a person holding a certificate that is in full 26,659
force and effect, issued pursuant to section 5103.03 of the 26,660
Revised Code. 26,661
(H)(6) "Family foster home" means a private residence in 26,663
which children are received apart from their parents, guardian, 26,664
or legal custodian by an individual for hire, gain, or reward for 26,665
nonsecure care, supervision, or training twenty-four hours a day. 26,666
"Family foster home" does not include babysitting care provided 26,667
for a child in the home of a person other than the home of the 26,668
parents, guardian, or legal custodian of the child. 26,669
(I) "Babysitting care" means care provided for a child 26,671
while the parents, guardian, or legal custodian of the child are 26,672
temporarily away. 26,673
(J) "Public children services agency" has the same meaning 26,675
as in section 2151.011 of the Revised Code. 26,676
(7) "FOSTER HOME" MEANS A FAMILY HOME IN WHICH ANY CHILD 26,678
IS RECEIVED, APART FROM THE CHILD'S PARENTS, FOR CARE, 26,679
SUPERVISION, OR TRAINING. 26,680
(8) "ORGANIZATION" MEANS ANY PUBLIC, SEMIPUBLIC, OR 26,682
PRIVATE INSTITUTION, INCLUDING MATERNITY HOMES AND DAY NURSERIES, 26,683
AND ANY PRIVATE ASSOCIATION, SOCIETY, OR AGENCY, LOCATED OR 26,684
OPERATING IN THIS STATE, INCORPORATED OR UNINCORPORATED, HAVING 26,685
AMONG ITS FUNCTIONS THE FURNISHING OF PROTECTIVE SERVICES OR CARE 26,687
FOR CHILDREN OR THE PLACEMENT OF CHILDREN IN FOSTER HOMES OR 26,688
ELSEWHERE.
Sec. 5153.02. EACH COUNTY SHALL HAVE A PUBLIC CHILDREN 26,690
SERVICES AGENCY. ANY OF THE FOLLOWING MAY BE THE PUBLIC CHILDREN 26,691
SERVICES AGENCY: 26,692
(A) A COUNTY CHILDREN SERVICES BOARD; 26,695
(B) A COUNTY DEPARTMENT OF HUMAN SERVICES; 26,698
(C) A PRIVATE OR GOVERNMENT ENTITY DESIGNATED UNDER 26,701
625
SECTION 307.981 OF THE REVISED CODE. 26,703
Sec. 5153.08 5153.03. If a county children services board 26,712
is created pursuant to section 5153.07 of the Revised Code A 26,713
PUBLIC CHILDREN SERVICES AGENCY FOR A COUNTY, the board of county 26,715
commissioners shall appoint five members of the COUNTY CHILDREN 26,716
SERVICES board and for good cause may remove any member so 26,718
appointed. Each of these members shall be appointed for the term 26,719
of four years, but the board shall stagger their terms so that 26,720
the terms of not more than two of the required members of the 26,721
board expire in one year. The elected chairman CHAIRPERSON of 26,723
any citizens advisory committee established under section 26,724
5153.091 5153.05 of the Revised Code shall be an ex officio 26,726
voting member of the county children services board created 26,727
pursuant to section 5153.07 of the Revised Code. In addition to 26,728
the five members it is required to appoint, a board of county 26,729
commissioners of a county having less than one hundred thousand 26,730
population according to the last federal census may appoint up to 26,731
five or a board of county commissioners of a county having a 26,732
population of one hundred thousand or more according to such 26,733
census may appoint up to nine additional members of the county 26,734
children services board. If these additional members are
appointed, they shall be appointed for initial terms of one, two, 26,735
three or four years as will maintain balance in the expiration 26,736
dates of the members of the board. After the expiration of these 26,737
original terms, these additional members shall be appointed for 26,738
four-year terms. Any vacancy shall be filled in the same manner 26,739
as the original appointment. 26,740
Sec. 5153.09 5153.04. The A county children services board 26,750
APPOINTED UNDER SECTION 5153.03 OF THE REVISED CODE shall elect 26,751
one of its members as chairman CHAIRPERSON and another as
secretary. The chairman CHAIRPERSON may appoint committees 26,752
composed of board members and other persons interested in child 26,753
care. A majority of the members of the board shall constitute a 26,754
quorum, and the action of a majority of the members present shall 26,756
626
constitute the action of the board. The board shall meet at 26,757
least once a month, and called or adjourned meetings may be held 26,758
at any time, as the board determines. The board members shall 26,759
serve without compensation, but they shall be entitled to their 26,760
necessary expenses and shall be considered employees of the 26,761
county under section 325.20 of the Revised Code. Failure of any 26,762
member of the board to attend three consecutive regular meetings, 26,763
unless for reasons beyond his THE MEMBER'S control, or other 26,764
manifest indifference to the purposes or work of the board, shall 26,765
be cause for his THE MEMBER'S removal from such board. 26,766
Sec. 5153.091 5153.05. (A) Each IF A county children 26,776
services board, or in a county where the county department of 26,777
human services has assumed the administration of child welfare, 26,778
the county welfare advisory board, APPOINTED UNDER SECTION 26,779
5153.03 OF THE REVISED CODE IS A PUBLIC CHILDREN SERVICES AGENCY 26,780
FOR A COUNTY, THE BOARD may appoint a seven to twenty-one member 26,782
citizens AN advisory committee on children services to. IF AN 26,784
ENTITY SPECIFIED IN DIVISION (B) OR (C) OF SECTION 5153.02 OF THE 26,786
REVISED CODE IS A PUBLIC CHILDREN SERVICES AGENCY FOR A COUNTY, 26,787
THE BOARD OF COUNTY COMMISSIONERS MAY APPOINT AN ADVISORY 26,788
COMMITTEE ON CHILDREN SERVICES. IF APPOINTED, AN ADVISORY 26,789
COMMITTEE MAY do all of the following: 26,791
(1)(A) Further cooperation between the county PUBLIC 26,794
children services board or county department of human services 26,796
AGENCY and other child-caring agencies in the county; 26,798
(2)(B) Carry out studies of the effectiveness and need for 26,800
particular services to children in the county; 26,801
(3)(C) Advise the county PUBLIC children services board or 26,804
county department of human services AGENCY on policies pertaining 26,806
to the provision of services to children; 26,807
(4) Disseminate, to residents of the county, information 26,809
concerning services to children in the county. At least one 26,810
fourth of the members of the advisory committee shall be parents 26,811
of children who are or have been clients of the children services 26,813
627
board or county department of human services, or shall themselves 26,815
have been clients of the board or the county department. One 26,817
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 26,818
appointments shall be for two year terms. Subsequent 26,819
appointments shall be for two year terms. 26,820
(B) The citizens advisory committee on children services 26,822
shall elect one of its members as chairman and such other 26,824
officers as it considers necessary. The elected chairman shall 26,826
serve as an ex officio voting member of the county children 26,827
services board. The committee shall meet at least six times each
year. The first meeting shall be called by the executive 26,828
director of the county children services board, or, in a county 26,829
with no children services board, by the director of the county 26,830
department of human services no later than one hundred twenty 26,831
days after the initial appointments to the advisory committee. 26,832
The chairman shall convene all subsequent meetings, except that a 26,834
petition signed by one third of the members of the committee 26,835
shall be sufficient to convene a meeting of the committee. The 26,836
members of the committee shall serve without compensation. 26,837
Sec. 5153.10. The county children services board or the 26,846
county department of human services, which performs the duties 26,847
and exercises the powers set forth in sections 5153.16 to 5153.19 26,848
of the Revised Code, EACH PUBLIC CHILDREN SERVICES AGENCY shall 26,849
designate an executive officer known as the "executive director," 26,851
who shall not be in the classified civil service. The county 26,852
director of human services may serve as such executive director, 26,853
and it shall not be incompatible for such executive director and 26,854
the superintendent of the children's home to be the same person, 26,855
THE COUNTY DIRECTOR OF HUMAN SERVICES, OR OTHER INDIVIDUAL MAY 26,856
SERVE AS THE EXECUTIVE DIRECTOR.
The board or department AGENCY shall, from time to time, 26,858
inquire into community conditions affecting the welfare of 26,859
children and study the work of the board or department AGENCY and 26,860
628
its relation to the work of other organizations whose functions 26,862
are related to child welfare. The board or department AGENCY 26,863
may, after consultation with the executive director, adopt rules 26,865
of general application, not inconsistent with law or with the 26,866
rules of the department of human services. 26,867
Sec. 5153.11. The executive director shall administer the 26,876
work of the county PUBLIC children services board or county 26,877
department of human services AGENCY, subject to the rules of such 26,879
board or department THE AGENCY. With the approval of the board 26,880
or department AGENCY, the executive director shall appoint all 26,882
other employees except the superintendent of any institution 26,883
maintained by the board or department AGENCY. Such 26,884
superintendent shall appoint all employees in any such 26,886
institution.
Upon the advice of one or more reputable practicing 26,888
physicians, the executive director may consent to such medical, 26,889
dental, and surgical care, including surgery and the 26,890
administration of anesthetics, inoculations, and immunizations, 26,891
or other care as appears to be necessary for any child who is in 26,892
the temporary or permanent custody of such board or department 26,893
AGENCY. The executive director may also consent to the 26,895
enlistment of a ward of such board or department AGENCY into the 26,896
armed forces of the United States. 26,898
Sec. 5153.111. (A)(1) The executive director of a public 26,907
children services agency shall request the superintendent of the 26,908
bureau of criminal identification and investigation to conduct a 26,909
criminal records check with respect to any applicant who has 26,910
applied to the agency for employment as a person responsible for 26,911
the care, custody, or control of a child. If the applicant does 26,912
not present proof that the applicant has been a resident of this 26,913
state for the five-year period immediately prior to the date upon 26,914
which the criminal records check is requested or does not provide 26,915
evidence that within that five-year period the superintendent has 26,916
requested information about the applicant from the federal bureau 26,917
629
of investigation in a criminal records check, the executive 26,918
director shall request that the superintendent obtain information 26,919
from the federal bureau of investigation as a part of the 26,920
criminal records check for the applicant. If the applicant 26,921
presents proof that the applicant has been a resident of this 26,922
state for that five-year period, the executive director may 26,923
request that the superintendent include information from the 26,924
federal bureau of investigation in the criminal records check. 26,925
(2) Any person required by division (A)(1) of this section 26,927
to request a criminal records check shall provide to each 26,928
applicant a copy of the form prescribed pursuant to division 26,929
(C)(1) of section 109.572 of the Revised Code, provide to each 26,930
applicant a standard impression sheet to obtain fingerprint 26,931
impressions prescribed pursuant to division (C)(2) of section 26,932
109.572 of the Revised Code, obtain the completed form and 26,933
impression sheet from each applicant, and forward the completed 26,934
form and impression sheet to the superintendent of the bureau of 26,935
criminal identification and investigation at the time the person 26,936
requests a criminal records check pursuant to division (A)(1) of 26,937
this section. 26,938
(3) Any applicant who receives pursuant to division (A)(2) 26,940
of this section a copy of the form prescribed pursuant to 26,941
division (C)(1) of section 109.572 of the Revised Code and a copy 26,942
of an impression sheet prescribed pursuant to division (C)(2) of 26,943
that section and who is requested to complete the form and 26,944
provide a set of fingerprint impressions shall complete the form 26,945
or provide all the information necessary to complete the form and 26,946
shall provide the impression sheet with the impressions of the 26,947
applicant's fingerprints. If an applicant, upon request, fails 26,948
to provide the information necessary to complete the form or 26,949
fails to provide impressions of the applicant's fingerprints, 26,950
that agency shall not employ that applicant for any position for 26,951
which a criminal records check is required by division (A)(1) of 26,952
this section.
630
(B)(1) Except as provided in rules adopted by the 26,954
department of human services in accordance with division (E) of 26,955
this section, no public children services agency shall employ a 26,956
person as a person responsible for the care, custody, or control 26,957
of a child if the person previously has been convicted of or 26,958
pleaded guilty to any of the following: 26,959
(a) A violation of section 2903.01, 2903.02, 2903.03, 26,961
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34, 26,962
2905.01, 2905.02, 2905.05, 2907.02, 2907.03, 2907.04, 2907.05, 26,964
2907.06, 2907.07, 2907.08, 2907.09, 2907.21, 2907.22, 2907.23, 26,965
2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323, 2911.01, 26,966
2911.02, 2911.11, 2911.12, 2919.12, 2919.22, 2919.24, 2919.25, 26,967
2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.04, 2925.05, 26,968
2925.06, or 3716.11 of the Revised Code, a violation of section 26,969
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 26,970
have been a violation of section 2905.04 of the Revised Code as 26,971
it existed prior to July 1, 1996, had the violation occurred 26,972
prior to that date,, a violation of section 2925.11 of the 26,974
Revised Code that is not a minor drug possession offense, or 26,975
felonious sexual penetration in violation of former section 26,976
2907.12 of the Revised Code;
(b) A violation of an existing or former law of this 26,978
state, any other state, or the United States that is 26,979
substantially equivalent to any of the offenses or violations 26,980
described in division (B)(1)(a) of this section. 26,981
(2) A public children services agency may employ an 26,983
applicant conditionally until the criminal records check required 26,984
by this section is completed and the agency receives the results 26,985
of the criminal records check. If the results of the criminal 26,986
records check indicate that, pursuant to division (B)(1) of this 26,987
section, the applicant does not qualify for employment, the 26,988
agency shall release the applicant from employment. 26,989
(C)(1) Each public children services agency shall pay to 26,991
631
the bureau of criminal identification and investigation the fee 26,992
prescribed pursuant to division (C)(3) of section 109.572 of the 26,993
Revised Code for each criminal records check conducted in 26,994
accordance with that section upon the request pursuant to 26,995
division (A)(1) of this section of the executive director of the 26,996
agency. 26,997
(2) A public children services agency may charge an 26,999
applicant a fee for the costs it incurs in obtaining a criminal 27,000
records check under this section. A fee charged under this 27,001
division shall not exceed the amount of fees the agency pays 27,002
under division (C)(1) of this section. If a fee is charged under 27,003
this division, the agency shall notify the applicant at the time 27,004
of the applicant's initial application for employment of the 27,005
amount of the fee and that, unless the fee is paid, the agency 27,006
will not consider the applicant for employment. 27,007
(D) The report of any criminal records check conducted by 27,009
the bureau of criminal identification and investigation in 27,010
accordance with section 109.572 of the Revised Code and pursuant 27,011
to a request under division (A)(1) of this section is not a 27,012
public record for the purposes of section 149.43 of the Revised 27,013
Code and shall not be made available to any person other than the 27,014
applicant who is the subject of the criminal records check or the 27,015
applicant's representative, the public children services agency 27,016
requesting the criminal records check or its representative, and 27,017
any court, hearing officer, or other necessary individual 27,018
involved in a case dealing with the denial of employment to the 27,019
applicant.
(E) The department of human services shall adopt rules 27,021
pursuant to Chapter 119. of the Revised Code to implement this 27,022
section, including rules specifying circumstances under which a 27,023
public children services agency may hire a person who has been 27,024
convicted of an offense listed in division (B)(1) of this section 27,025
but who meets standards in regard to rehabilitation set by the 27,026
department. 27,027
632
(F) Any person required by division (A)(1) of this section 27,029
to request a criminal records check shall inform each person, at 27,030
the time of the person's initial application for employment, that 27,031
the person is required to provide a set of impressions of the 27,032
person's fingerprints and that a criminal records check is 27,033
required to be conducted and satisfactorily completed in 27,034
accordance with section 109.572 of the Revised Code if the person 27,035
comes under final consideration for appointment or employment as 27,036
a precondition to employment for that position. 27,037
(G) As used in this section: 27,039
(1) "Applicant" means a person who is under final 27,041
consideration for appointment or employment in a position with 27,042
the agency as a person responsible for the care, custody, or 27,043
control of a child. 27,044
(2) "Public children services agency" means the county 27,046
children services board or the county department of human 27,047
services that has assumed the administration of child welfare. 27,048
(3) "Criminal records check" has the same meaning as in 27,050
section 109.572 of the Revised Code. 27,051
(4)(3) "Minor drug possession offense" has the same 27,053
meaning as in section 2925.01 of the Revised Code. 27,055
Sec. 5153.12. All employees of the county PUBLIC children 27,064
services board or county department of human services AGENCY 27,066
shall be in the classified civil service. The board AGENCY may 27,068
establish compensation rates and vacation benefits for any of its 27,069
employees. Insofar as practicable, all employees holding 27,070
positions in the classified service, whose duties are transferred 27,071
by this section to the board or department AGENCY, shall be 27,073
continued, with like status, by the appointing authority before 27,075
any other appointments are made. Sections 5153.01 to 5153.42 of 27,077
the Revised Code THIS CHAPTER shall not affect the civil service
status of any employee. 27,078
Sec. 5153.13. Before entering upon his OFFICIAL duties, 27,087
the executive director shall give a bond to the county in such 27,089
633
sum as is fixed by the county PUBLIC children services board or 27,090
county department of human services AGENCY, with sufficient 27,092
surety, conditioned upon the faithful performance of his OFFICIAL 27,094
duties and the full and faithful accounting of all funds and 27,095
properties of the board or department AGENCY or county coming 27,096
into his THE EXECUTIVE DIRECTOR'S hands. Before entering upon 27,098
such duties, he THE EXECUTIVE DIRECTOR shall give a bond to the 27,099
probate court, with sufficient surety, conditioned upon the full 27,101
and faithful accounting of all trust funds which he THE EXECUTIVE 27,102
DIRECTOR holds on behalf of wards. The amount of such bond shall 27,103
be determined by the court and may be modified by the court, 27,104
provided that the minimum amount of the bond shall be five 27,106
thousand dollars.
The board or department AGENCY may require any other 27,108
employee thereof, including the superintendent of the children's 27,109
home, having custody or control of funds or property, to give 27,110
bond to the county, in such sum as the board determines, with 27,111
sufficient surety, conditioned upon the faithful performance of 27,112
the duties of such employee and the full and faithful accounting 27,113
of any funds and properties coming into his THE EMPLOYEE'S hands. 27,114
The cost of such bonds shall be paid by the board or department 27,115
AGENCY. 27,116
Sec. 5153.131. A county PUBLIC children services board 27,125
AGENCY may procure a policy or policies of insurance insuring 27,127
board members, employees of the board AGENCY, volunteers, or 27,129
foster parents associated with the board, AGENCY, AND, IF A 27,130
COUNTY CHILDREN SERVICES BOARD IS THE PUBLIC CHILDREN SERVICES 27,131
AGENCY, BOARD MEMBERS against liability arising from the 27,133
performance of their official duties.
Sec. 5153.14. The executive director shall prepare and 27,142
submit an annual report to the county PUBLIC children services 27,144
board or to the county department of human services AGENCY at the 27,146
end of each calendar year and shall file copies of such report 27,147
with the department of human services, the board of county 27,148
634
commissioners, and the juvenile court. The executive director 27,149
shall submit the inspection reports required under section 27,151
5153.16 of the Revised Code and such other reports as are 27,152
required by law, by the rules of the department of human
services, or by the board of county commissioners to specified 27,153
governmental bodies and officers and shall provide reports to the 27,155
public, when so authorized.
Sec. 5153.16. (A) As used in this section and section 27,164
5153.164 of the Revised Code, "child care facility" means a 27,165
public twenty-four-hour residential facility for six or more 27,166
children. 27,167
(B) Subject to the rules and standards of the state 27,169
department of human services and on behalf of children in the 27,170
county whom the PUBLIC children services agency considers to be 27,171
in need of public care or protective services, the public 27,173
children services agency shall do all of the following: 27,174
(1) Make an investigation concerning any child alleged to 27,176
be an abused, neglected, or dependent child; 27,177
(2) Enter into agreements with the parent, guardian, or 27,179
other person having legal custody of any child, or with the state 27,181
department of human services, department of mental health,
department of mental retardation and developmental disabilities, 27,182
other department, any certified organization within or outside 27,183
the county, or any agency or institution outside the state, 27,184
having legal custody of any child, with respect to the custody, 27,185
care, or placement of any child, or with respect to any matter, 27,187
in the interests of the child, provided the permanent custody of 27,188
a child shall not be transferred by a parent to the public 27,189
children services agency without the consent of the juvenile 27,190
court;
(3) Accept custody of children committed to the public 27,192
children services agency by a court exercising juvenile 27,194
jurisdiction;
(4) Provide such care as the public children services 27,197
635
agency considers to be in the best interests of any child 27,198
adjudicated to be an abused, neglected, or dependent child the 27,199
agency finds to be in need of public care or service; 27,200
(5) Provide social services to any unmarried girl 27,202
adjudicated to be an abused, neglected, or dependent child who is 27,204
pregnant with or has been delivered of a child; 27,205
(6) Make available to the bureau for children with medical 27,207
handicaps of the department of health at its request any 27,208
information concerning a crippled child found to be in need of 27,209
treatment under sections 3701.021 to 3701.028 of the Revised Code 27,210
who is receiving services from the public children services 27,212
agency;
(7) Provide temporary emergency care for any child 27,214
considered by the public children services agency to be in need 27,216
of such care, without agreement or commitment; 27,217
(8) Find family foster homes, within or outside the 27,219
county, for the care of children, including handicapped children 27,220
from other counties attending special schools in the county; 27,221
(9) Subject to the approval of the board of county 27,223
commissioners and the state department of human services, 27,224
establish and operate a training school or enter into an 27,225
agreement with any municipal corporation or other political 27,226
subdivision of the county respecting the operation, acquisition, 27,227
or maintenance of any children's home, training school, or other 27,228
institution for the care of children maintained by such municipal 27,229
corporation or political subdivision; 27,230
(10) Acquire and operate a county children's home, 27,232
establish, maintain, and operate a receiving home for the 27,233
temporary care of children, or procure family foster homes for 27,234
this purpose; 27,235
(11) Enter into an agreement with the trustees of any 27,237
district children's home, respecting the operation of the 27,238
district children's home in cooperation with the other county 27,239
boards in the district; 27,240
636
(12) Cooperate with, make its services available to, and 27,242
act as the agent of persons, courts, the department of human 27,243
services, the department of health, and other organizations 27,244
within and outside the state, in matters relating to the welfare 27,245
of children, except that the public children services agency 27,246
shall not be required to provide supervision of or other services 27,247
related to the exercise of companionship or visitation rights 27,248
granted pursuant to section 3109.051, 3109.11, or 3109.12 of the 27,249
Revised Code unless a juvenile court, pursuant to Chapter 2151. 27,250
of the Revised Code, or a common pleas court, pursuant to 27,251
division (E)(6) of section 3113.31 of the Revised Code, requires 27,252
the provision of supervision or other services related to the 27,254
exercise of the companionship or visitation rights;
(13) Make investigations at the request of any 27,256
superintendent of schools in the county or the principal of any 27,257
school concerning the application of any child adjudicated to be 27,258
an abused, neglected, or dependent child for release from school, 27,259
where such service is not provided through a school attendance 27,260
department;
(14) Administer funds provided under Title IV-E of the 27,262
"Social Security Act," 94 Stat. 501 (1980), 42 U.S.C.A. 671, as 27,263
amended, in accordance with rules adopted by the state department 27,264
of human services under section 5101.141 of the Revised Code; 27,265
(15) In addition to administering Title IV-E adoption 27,267
assistance funds, enter into agreements to make adoption 27,268
assistance payments under section 5153.163 of the Revised Code; 27,269
(16) On or before the fifteenth day of April of each year, 27,271
conduct, or contract with an independent contractor to conduct, 27,272
an annual evaluation of the services provided by the public 27,273
children services agency to children under its care, including, 27,275
but not limited to, services provided in child care facilities 27,276
during the previous calendar year under the plan required by
division (D)(E) of section 5101.14 of the Revised Code; 27,277
(17) Implement a system of risk assessment, in accordance 27,279
637
with rules adopted by the state department of human services, to 27,280
assist the public children services agency in determining the 27,281
risk of abuse or neglect to a child; 27,282
(18) ENTER INTO A PLAN OF COOPERATION WITH THE BOARD OF 27,284
COUNTY COMMISSIONERS UNDER SECTION 307.983 OF THE REVISED CODE 27,286
AND COMPLY WITH THE PARTNERSHIP AGREEMENT THE BOARD ENTERS INTO 27,287
UNDER SECTION 307.98 OF THE REVISED CODE AND CONTRACTS THE BOARD
ENTERS INTO UNDER SECTIONS 307.981 AND 307.982 OF THE REVISED 27,288
CODE THAT AFFECT THE PUBLIC CHILDREN SERVICES AGENCY. 27,289
(C) The public children services agency shall use the 27,291
system implemented pursuant to division (B)(17) of this section 27,292
in connection with an investigation undertaken pursuant to 27,293
division (F)(1) of section 2151.421 of the Revised Code and may 27,295
use the system at any other time the agency is involved with any
child when the agency determines that risk assessment is 27,296
necessary.
(D) Subject to the IN ACCORDANCE WITH rules and standards 27,299
of the state department of human services and on behalf of 27,300
children in the county whom the public children services agency 27,301
considers to be in need of public care or protective services, 27,302
the public children services agency may provide DO THE FOLLOWING: 27,303
(1) PROVIDE or find, with other child serving systems, 27,306
treatment foster care for the care of children in a treatment 27,307
foster home, as defined in section 2151.011 5103.02 of the 27,308
Revised Code; 27,309
(2)(a) EXCEPT AS LIMITED BY DIVISIONS (C)(2)(b) AND (c) OF 27,313
THIS SECTION, CONTRACT WITH THE FOLLOWING FOR THE PURPOSE OF 27,314
ASSISTING THE AGENCY WITH ITS DUTIES: 27,315
(i) COUNTY DEPARTMENTS OF HUMAN SERVICES; 27,317
(ii) BOARDS OF ALCOHOL, DRUG ADDICTION, AND MENTAL HEALTH 27,320
SERVICES;
(iii) COUNTY BOARDS OF MENTAL RETARDATION AND 27,322
DEVELOPMENTAL DISABILITIES; 27,323
(iv) REGIONAL COUNCILS OF POLITICAL SUBDIVISIONS 27,325
638
ESTABLISHED UNDER CHAPTER 167. OF THE REVISED CODE; 27,328
(v) PRIVATE AND GOVERNMENT PROVIDERS OF SERVICES; 27,331
(vi) MANAGED CARE ORGANIZATIONS AND PREPAID HEALTH PLANS. 27,334
(b) A PUBLIC CHILDREN SERVICES AGENCY CONTRACT UNDER 27,337
DIVISION (C)(2)(a) OF THIS SECTION REGARDING THE AGENCY'S DUTIES 27,339
UNDER SECTION 2151.421 OF THE REVISED CODE MAY NOT PROVIDE FOR 27,341
THE ENTITY UNDER CONTRACT WITH THE AGENCY TO PERFORM ANY SERVICE 27,342
NOT AUTHORIZED BY THE DEPARTMENT'S RULES. 27,343
(c) ONLY A COUNTY CHILDREN SERVICES BOARD APPOINTED UNDER 27,346
SECTION 5153.03 OF THE REVISED CODE THAT IS A PUBLIC CHILDREN 27,348
SERVICES AGENCY MAY CONTRACT UNDER DIVISION (C)(2)(a) OF THIS 27,351
SECTION. IF AN ENTITY SPECIFIED IN DIVISION (B) OR (C) OF 27,353
SECTION 5153.02 OF THE REVISED CODE IS THE PUBLIC CHILDREN 27,355
SERVICES AGENCY FOR A COUNTY, THE BOARD OF COUNTY COMMISSIONERS 27,356
MAY ENTER INTO CONTRACTS PURSUANT TO SECTION 307.982 OF THE 27,358
REVISED CODE REGARDING THE AGENCY'S DUTIES. 27,360
Sec. 5153.161. Care provided by the county PUBLIC children 27,369
services board or county department of human services AGENCY 27,371
under division (B)(4) of section 5153.16 of the Revised Code 27,373
shall be provided by the board or county department AGENCY, by 27,374
its own means or through other available resources, in the 27,375
child's own home, in the home of a relative, or in a certified 27,376
family foster home, any other home approved by the court, 27,377
receiving home, school, hospital, convalescent home, or other 27,378
public or private institution within or outside the county or 27,379
state.
Sec. 5153.162. Pursuant to an agreement entered into under 27,388
division (B)(9) of section 5153.16 of the Revised Code respecting 27,389
the operation, acquisition, or maintenance of a children's home, 27,390
training school, or other institution for the care of children 27,391
maintained by a municipal corporation or other political 27,392
subdivision, the county PUBLIC children services board or county 27,394
department of human services AGENCY may acquire, operate, and 27,395
maintain such an institution. The board or county department 27,397
639
AGENCY may enter into an agreement with a municipal corporation, 27,399
a board of education, and the board of county commissioners, or 27,400
with any one of them, to provide for the maintenance and 27,401
operation of children's training schools. The agreement may 27,402
provide for the contribution of funds by the municipal 27,403
corporation, board of education, or board of county 27,404
commissioners, in such proportions and amounts as the agreement 27,405
states. The agreement also may provide for the operation and 27,406
supervision of the training school by any one of them, or by the 27,407
joint action of two or more of them, provided that municipal 27,408
corporations, boards of education, and boards of county 27,409
commissioners may expend moneys from their general funds for 27,410
maintaining and operating the joint children's training school. 27,411
Sec. 5153.163. (A) As used in this section: 27,420
(1) "Adoptive, "ADOPTIVE parent" means, as the context 27,423
requires, a prospective adoptive parent or an adoptive parent. 27,424
(2) "Public children services agency" has the same meaning 27,427
as in section 2151.011 of the Revised Code. 27,428
(B)(1) If a public children services agency considers a 27,432
child with special needs residing in the county served by the
agency to be in need of public care or protective services and 27,433
all of the following apply, the agency shall enter into an 27,434
agreement with the child's adoptive parent before the child is 27,435
adopted under which the agency shall make payments as needed on 27,436
behalf of the child: 27,437
(a) The adoptive parent has the capability of providing 27,439
the permanent family relationships needed by the child in all 27,440
areas except financial need as determined by the agency; 27,441
(b) The needs of the child are beyond the economic 27,443
resources of the adoptive parent as determined by the agency; 27,445
(c) The agency determines the acceptance of the child as a 27,448
member of the adoptive parent's family would not be in the 27,449
child's best interest without payments on the child's behalf 27,450
under this section.
640
(2) Payments to an adoptive parent under division (B) of 27,452
this section shall include medical, surgical, psychiatric, 27,453
psychological, and counseling expenses, and may include 27,454
maintenance costs if necessary and other costs incidental to the 27,455
care of the child. No payment of maintenance costs shall be made 27,456
under division (B) of this section on behalf of a child if either 27,458
of the following apply:
(a) The gross income of the adoptive parent's family 27,460
exceeds one hundred twenty per cent of the median income of a 27,461
family of the same size, including the child, as most recently 27,462
determined for this state by the secretary of health and human 27,463
services under Title XX of the "Social Security Act," 88 Stat. 27,464
2337, 42 U.S.C.A. 1397, as amended; 27,465
(b) The child is eligible for adoption assistance payments 27,468
for maintenance costs under Title IV-E of the "Social Security 27,469
Act," 94 Stat. 501 (1980), 42 U.S.C.A. 671, as amended. 27,470
Payments under division (B) of this section may begin 27,472
either before or after issuance of the final adoption decree, 27,473
except that payments made before issuance of the final adoption 27,474
decree may be made only while the child is living in the adoptive 27,475
parent's home. Preadoption payments may be made for not more 27,476
than twelve months, unless the final adoption decree is not 27,477
issued within that time because of a delay in court proceedings. 27,478
Payments that begin before issuance of the final adoption decree 27,479
may continue after its issuance.
(C) If a public children services agency considers a child 27,482
residing in the county served by the agency to be in need of 27,483
public care or protective services and both of the following 27,484
apply, the agency may, and to the extent state funds are 27,485
appropriated for this purpose shall, enter into an agreement with 27,486
the child's adoptive parent after the child is adopted under 27,488
which the agency shall make payments on behalf of the child as
needed: 27,489
(1) The child has a physical or developmental handicap or 27,491
641
mental or emotional condition that either: 27,492
(a) Existed before the adoption petition was filed; 27,494
(b) Developed after the adoption petition was filed and 27,497
can be attributed to factors in the child's preadoption
background, medical history, or biological family's background or 27,498
medical history. 27,499
(2) The agency determines the expenses necessitated by the 27,501
child's handicap or condition are beyond the adoptive parent's 27,502
economic resources. 27,503
Payments to an adoptive parent under this division shall 27,505
include medical, surgical, psychiatric, psychological, and 27,506
counseling expenses, but shall not include maintenance costs. 27,507
(D) No payment shall be made under division (B) or (C) of 27,509
this section on behalf of any person twenty-one years of age or 27,510
older. Payments under those divisions shall be made in 27,511
accordance with the terms of the agreement between the public 27,512
children services agency and the adoptive parent, subject to an 27,513
annual redetermination of need. The agency may use sources of 27,515
funding in addition to any state funds appropriated for the 27,516
purposes of those divisions.
The department of human services shall adopt rules in 27,519
accordance with Chapter 119. of the Revised Code that are needed 27,520
to implement this section. The rules shall establish all of the 27,521
following:
(1) The application process for payments under this 27,523
section;
(2) The method to determine the amounts and kinds of 27,525
assistance payable under this section; 27,526
(3) The definition of "child with special needs" for this 27,528
section.
The rules shall allow for payments for children placed by 27,530
nonpublic agencies. 27,531
(E) No public children services agency shall, pursuant to 27,533
either section 2151.353 or 5103.15 of the Revised Code, place or 27,534
642
maintain a child with special needs who is in the permanent 27,535
custody of an institution or association certified by the 27,537
department of human services under section 5103.03 of the Revised 27,538
Code in a setting other than with a person seeking to adopt the
child, unless the agency has determined and redetermined at 27,540
intervals of not more than six months the impossibility of
adoption by a person listed pursuant to division (B), (C), or (D) 27,541
of section 5103.154 of the Revised Code, including the 27,542
impossibility of entering into a payment agreement with such a 27,544
person. The agency so maintaining such a child shall report its 27,545
reasons for doing so to the department of human services. No 27,547
agency that fails to so determine, redetermine, and report shall 27,548
receive more than fifty per cent of the state funds to which it 27,549
would otherwise be eligible for that part of the fiscal year 27,550
following placement under section 5101.14 of the Revised Code. 27,551
Sec. 5153.164. (A) The evaluation for each child care 27,560
facility under division (B)(16) of section 5153.16 of the Revised 27,561
Code shall determine all of the following: 27,562
(1) Whether resident children receive competent and 27,564
adequate care, protection, treatment, and supervision from the 27,565
staff and employees of the facility, or are mistreated, 27,566
neglected, or otherwise abused by those personnel; 27,567
(2) Whether resident children receive wholesome and 27,569
well-balanced meals, ample clothing and wearing apparel, 27,570
sufficient linens and toiletries, and other similar items 27,571
necessary for their health, hygiene, and physical or mental 27,572
development; 27,573
(3) Whether resident children receive appropriate public 27,575
education in accordance with the Revised Code; 27,576
(4) Whether resident children receive adequate 27,578
recreational opportunities; 27,579
(5) Whether resident children receive instruction and 27,581
training under section 3737.73 of the Revised Code with respect 27,582
to emergency fire and tornado procedures. 27,583
643
(B) The results of the annual evaluation shall be 27,585
submitted in writing to the board of county commissioners, the 27,586
citizens advisory committee on children's services, if any, and 27,587
the state department of human services. Any person may purchase 27,588
a copy of the report upon the payment of a reasonable fee to the 27,589
county PUBLIC children services board or county department of 27,590
human services AGENCY sufficient in amount to cover the costs of 27,592
publication. 27,593
(C) If any evaluation conducted by the county PUBLIC 27,595
children services board or county department of human services 27,596
AGENCY reveals that a child care facility operated by the board 27,598
or county department AGENCY does not satisfactorily meet one or 27,599
more of the criteria specified in division (A) of this section, 27,600
the board or county department AGENCY shall order the individual 27,601
in charge of the facility to remedy inadequate conditions or to 27,603
institute activities or programs to comply with the criteria 27,604
immediately. The power of county A PUBLIC children services 27,605
boards or county departments of human services AGENCY to issue 27,607
corrective orders under this division does not affect the powers 27,609
of other state, county, and municipal governmental bodies or 27,610
officers to issue corrective orders. 27,611
Sec. 5153.165. (A) If a family is encountering an 27,620
emergency that could lead, or has led, to removal of a child from 27,622
the family's home pursuant to Chapter 2151. of the Revised Code, 27,623
the county PUBLIC children services board or county department of 27,625
human services that has assumed the administration of child
welfare AGENCY shall determine whether the child could remain 27,626
safely with, or be safely returned to, the family if the 27,628
emergency were alleviated by providing family emergency 27,629
assistance AND SERVICES under this section THE PREVENTION, 27,631
RETENTION, AND CONTINGENCY COMPONENT OF THE OHIO WORKS FIRST 27,632
PROGRAM ESTABLISHED UNDER SECTION 5107.04 OF THE REVISED CODE. 27,633
If it is determined that the child could remain safely with, or 27,635
be safely returned to, the family, the board or county department 27,636
644
AGENCY, with the cooperation of the child's family, shall 27,637
determine the amount of family emergency assistance AND SERVICES 27,638
necessary to prevent the removal of the child from the home, or 27,641
to permit the child's return to the home and may provide the 27,643
assistance. In the case of a child who is still with the family, 27,647
the assistance may be provided at any time after the family
submits an application requesting the assistance. In the case of 27,648
a child who has been removed from the family's home, the board or 27,649
county department may provide the assistance if the family 27,650
submits an application requesting the assistance not more than 27,651
six months after the child was removed. Funding for assistance 27,652
provided under this section is limited to the one hundred
eighty-day period following the date of application. 27,653
(B) The department of human services may, through the 27,655
family emergency assistance program established under section 27,656
5107.16 of the Revised Code, provide funding for the assistance 27,657
provided under this section. The department shall submit to the 27,658
United States secretary of health and human services any 27,659
amendments to the state plan for aid to dependent children
prepared in accordance with section 5107.02 of the Revised Code 27,660
that are necessary to provide the funding. Each board or county 27,661
department shall provide nonfederal funds to match the federal 27,663
funds received through the family emergency assistance program 27,665
for assistance provided under this section. The nonfederal funds 27,666
shall be in addition to the county share required under sections 27,669
5101.16 and 5101.161 AND SERVICES PURSUANT TO A PLAN OF 27,670
COOPERATION ENTERED INTO UNDER SECTION 307.983 of the Revised 27,673
Code.
Sec. 5153.17. The county PUBLIC children services board or 27,682
county department of human services AGENCY shall prepare and keep 27,684
written records of investigations of families, children, and 27,685
foster homes, and of the care, training, and treatment afforded 27,686
children, and shall prepare and keep such other records as are 27,687
required by the department of human services. Such records shall 27,688
645
be confidential, but, except as provided by division (B) of 27,689
section 3107.17 of the Revised Code, shall be open to inspection 27,690
by the board or department of human services AGENCY, the director 27,692
of the county department of human services, and by other persons,
upon the written permission of the executive secretary. 27,693
Sec. 5153.18. (A) The county PUBLIC children services 27,702
board or county department of human services AGENCY shall have 27,704
the capacity possessed by natural persons to institute 27,705
proceedings in any court. 27,706
(B) When appointed by the probate court exercising 27,708
jurisdiction in adoption proceedings, the executive director may 27,709
act as next friend of any child and perform the duties of such 27,710
next friend. 27,711
(C) When appointed by the probate court, in lieu of a 27,713
guardian, in accordance with section 2111.05 of the Revised Code: 27,714
(1) The executive director may act as trustee of the 27,716
estate of any ward, provided such an estate does not exceed one 27,717
thousand dollars in value. 27,718
(2) The executive director may also act as trustee, on 27,720
behalf of any ward, of periodic payments of not more than 27,721
twenty-five dollars per week of which such ward is entitled as a 27,722
claimant pursuant to the terms of any insurance policy, annuity, 27,723
pension, benefit, or allowance, governmental or private. 27,724
(3) Such director shall administer all trusteeships in 27,726
accordance with the laws relating to fiduciaries. 27,727
The funds of any such trusteeship shall not be mingled with 27,729
other moneys of the board or department AGENCY or of the county. 27,730
The cost of any such trusteeship shall be paid out of the funds 27,732
of the trust, but no fee shall be allowed to the executive 27,733
director as such trustee. At least once a year, or more often if 27,734
required by the probate court, the executive director shall make 27,735
a complete report and accounting to the board or to the 27,736
department AGENCY as to the disposition of all trust funds 27,737
administered by him THE EXECUTIVE DIRECTOR during the year. 27,739
646
Sec. 5153.19. The county PUBLIC children services board or 27,748
county department of human services AGENCY shall, before entering 27,751
into any agreement obligating the board or department AGENCY with 27,753
respect to the care of any child, determine the ability of the 27,754
child, parent, guardian, or other person to pay for the cost of 27,755
such care, having due regard for other dependents. Such 27,756
determination shall, if accepted by the parent, guardian, or 27,757
other person, be made a part of such agreement. If the executive 27,759
director has been appointed in lieu of a guardian and is acting
as trustee of the estate of the child, such determination shall 27,760
be subject to the approval of the probate court. 27,761
Sec. 5153.20. The cost of care furnished by the county 27,770
PUBLIC children services board, by AGENCY OR the board of county 27,771
commissioners, or by the county department of human services, to 27,773
any child having a legal residence in another county, shall be 27,774
charged to the county of legal residence. No expense shall be 27,775
incurred by the county children services board, by AGENCY OR the 27,776
board of county commissioners, or by the department, on account 27,779
of such care, except for temporary or emergency care, without the 27,780
consent of the county children services board, AGENCY OR board of 27,781
county commissioners, or department of such other county, or as 27,783
provided by this section. If such consent cannot be obtained the 27,784
county children services board, board of county commissioners, or 27,785
department may file a petition in the court of common pleas of 27,786
the county in which the child is found for a determination of 27,787
legal residence of such child. Summons in such a proceeding shall 27,788
be served, as in other civil actions, upon the board of county 27,789
commissioners and the executive director of the county children 27,790
services board or on the county department of human services 27,791
AGENCY of the county alleged to be the county of legal residence, 27,792
but the answer day shall be the tenth day after the issuance of 27,793
such summons. The return day shall be the fifth day after 27,794
issuance of the summons. The cause shall be set for hearing not 27,795
less than ten nor more than thirty days after the issuance of the 27,796
647
summons. The finding and determination by the court upon such 27,797
application, subject to the right of appeal, shall be final and 27,798
conclusive as to the county chargeable under this section with 27,799
the costs of the care of such child. The board of county 27,800
commissioners out of its general funds shall reimburse the county 27,801
children services board or department AGENCY furnishing such 27,802
care, upon receipt of itemized statements. 27,803
Any moneys received by the county children services board 27,805
or department AGENCY furnishing such care from persons liable for 27,806
the cost of any part of such care, by agreement or otherwise, 27,808
shall be credited to the county of legal residence. 27,809
The county children services board or department AGENCY may 27,811
remove and deliver any child, having legal residence in another 27,813
county in Ohio and deemed to be in need of public care, to the 27,814
county PUBLIC children services board or department AGENCY of the 27,816
county of legal residence. All cost incidental to the 27,818
transportation of such child and of any escort required shall be 27,819
paid by the county PUBLIC children services board or department 27,821
AGENCY which delivers back the child. With the approval of the 27,823
department of human services, any child whose legal residence has 27,824
been found to be in another state or country may be transferred 27,825
to the department for return to the place of legal residence, or 27,826
such child may be returned by the county children services board 27,827
or department AGENCY. All costs incidental to the transportation 27,829
of such child and of any escort required shall be paid by the 27,830
department of human services if it returns the child, otherwise 27,831
the cost shall be paid by the county children services board or 27,832
department AGENCY, subject in either case to such reimbursement 27,834
as may be obtained from the responsible persons or authorities of 27,835
the place of legal residence. The department of human services 27,836
may enter into agreements with the authorities of other states 27,837
relative to the placement and return of children. 27,838
Sec. 5153.21. The board of county commissioners may 27,847
establish a children's home upon the recommendation of the county 27,848
648
PUBLIC children services board or county department of human 27,850
services AGENCY and subject to the approval of CERTIFICATION BY 27,851
the department of human services UNDER SECTION 5103.03 OF THE 27,853
REVISED CODE.
Sec. 5153.22. If there is no children's home in the county 27,862
or if the facilities for institutional care are inadequate, the 27,863
county PUBLIC children services board or county department of 27,865
human services AGENCY may, subject to the approval of the 27,867
department of human services and the board of county
commissioners, enter into an agreement with the county PUBLIC 27,868
children services board or department AGENCY OF, or a certified 27,870
organization located in, another county, or with the board of
trustees of any district or semipublic children's home, or with 27,872
any agency or institution outside the state for the furnishing of 27,873
institutional care to children of the county. 27,874
Sec. 5153.23. The superintendent of the county children's 27,883
home shall control, manage, operate, and have general charge of 27,884
such home, subject to the rules, standards, and orders of the 27,885
county PUBLIC children services board or county department of 27,887
human services AGENCY.
Sec. 5153.25. The superintendent of the county children's 27,896
home may provide and carry on, in connection with a children's 27,898
home, such industrial, agricultural, and other pursuits for the 27,899
children in such home as are deemed expedient by the county 27,901
PUBLIC children services board or county department of human 27,902
services AGENCY. Any products of such pursuits not needed to 27,904
maintain the home may be sold, and all receipts from such sales 27,905
shall be paid into the county treasury.
Sec. 5153.26. At the request of the superintendent of the 27,914
county children's home, the county PUBLIC children services board 27,915
or county department of human services AGENCY may issue orders 27,918
upon the county auditor for the payment to such superintendent of 27,920
a sum, not exceeding two hundred dollars at any one time, to be
designated the fund for the payment of emergency accounts, and to 27,921
649
be used and accounted for by the superintendent. The amounts so 27,922
paid in any year, after the first full year of operation, shall 27,923
not exceed twenty per cent of the total expenditures for such 27,924
children's home during the preceding year.
Sec. 5153.27. A county PUBLIC children services board or a 27,933
county department of human services AGENCY operating a children's 27,936
home or other institution is subject to sections 5103.03 and 27,938
5103.04 of the Revised Code respecting certification by the 27,939
department of human services.
Sec. 5153.28. Boards of township trustees, the 27,948
superintendent of any county home, and other officers and 27,949
employees of any county, municipal corporation, or other 27,951
political subdivisions of the state shall make a report to the
county PUBLIC children services board or county department of 27,953
human services AGENCY respecting any child in the county coming 27,955
to their attention, who is deemed to be in need of public care. 27,956
No child shall be kept or maintained in any county home, 27,958
except with the approval of the board or department PUBLIC 27,959
CHILDREN SERVICES AGENCY of such county. 27,960
Sec. 5153.29. The board of county commissioners of any 27,969
county having a county children's home, may, upon the 27,970
recommendation of the county PUBLIC children services board or 27,972
county department of human services AGENCY and with the approval 27,973
of the department of human services, abandon the use of such home 27,974
and proceed to sell or lease the site, building, furniture, and 27,975
equipment of such home in the manner most advantageous to the 27,976
county, or it may use the home for other necessary and proper 27,977
purposes. The net proceeds of any such sale or lease shall be 27,978
paid into the county treasury.
Sec. 5153.30. The county PUBLIC children services board or 27,987
county department of human services AGENCY may accept and receive 27,990
bequests, donations, and gifts of funds or property, real or 27,992
personal, for child care and services. The facilities or
services to be established or maintained through any such gift 27,993
650
shall be subject to the approval of the department of human 27,995
services.
Sec. 5153.31. All personal property, records, files, and 28,004
other documents and papers belonging to or in the possession of 28,005
any agency or institution, the powers and duties of which are 28,006
transferred, by sections 5153.01 to 5153.42 of the Revised Code, 28,008
THIS CHAPTER to the county PUBLIC children services board or 28,010
county department of human services AGENCY, the proceeds of all 28,012
tax levies in process of collection, the unexpended balances of 28,014
all current appropriations for the use of such agencies and 28,015
institutions, and the custody of all wards of such agencies and
institutions, shall be deemed transferred to the board or 28,016
department AGENCY. 28,017
Sec. 5153.32. Any corporation, organized under the laws of 28,026
this state for the purpose of establishing, conducting, and 28,027
maintaining a child welfare institution or agency, which is 28,028
unable, for any reason, to conduct and maintain such institution 28,029
or agency, and which has not, for a period of three consecutive 28,030
years, conducted or maintained a place or establishment for the 28,031
care of children, and which has in its hands funds or properties 28,032
acquired by it for the purpose of establishing, conducting, and 28,033
maintaining such institution or agency, may, subject to the 28,034
approval of the department of human services, and subject to the 28,035
terms of any deed, will, or other instrument pursuant to which 28,036
such funds or properties were acquired, transfer such funds or 28,037
properties to the county PUBLIC children services board or county 28,039
department of human services AGENCY, to be used for the purposes 28,040
for which such funds or property were acquired. The transfer of 28,042
such funds or properties to the board or department AGENCY shall 28,043
be a full discharge of the obligation or liability of such 28,045
corporation and its trustees with respect to the funds and 28,046
properties so transferred. 28,047
Sec. 5153.33. Funds in the hands of the county PUBLIC 28,056
children services board or county department of human services 28,058
651
AGENCY, donated or transferred to such board or department AGENCY 28,060
under sections 5153.31 and 5153.32 of the Revised Code, and which 28,061
are not immediately needed, may be invested in bonds of the 28,062
United States or of any political subdivision of the state. 28,064
Sec. 5153.34. The county PUBLIC children services board or 28,073
county department of human services AGENCY may acquire such 28,076
property and equipment and purchase such supplies and services as 28,079
are necessary for the proper conduct of its work, including the
ownership, operation, and maintenance of motor vehicles. Neither 28,080
the director nor an employee of the board or department AGENCY 28,081
shall sell or supply any article to the board or department 28,083
AGENCY, or to any institution maintained by such board or 28,084
department AGENCY, or be personally interested in any contract 28,085
made by the board or department AGENCY. 28,087
Sec. 5153.35. The boards of county commissioners shall 28,096
levy taxes and make appropriations sufficient to enable the 28,097
county PUBLIC children services board or county department of 28,098
human services AGENCY to perform its functions and duties under 28,100
sections 5153.01 to 5153.42 of the Revised Code THIS CHAPTER. If 28,102
the board of county commissioners levies a tax for children 28,104
services and the children services functions are transferred from 28,105
a county children services board to the department of human 28,106
services, or from the department of human services to a county 28,107
children services board, the levy shall continue in effect for 28,108
the period for which it was approved by the electors for the use 28,109
by the PUBLIC CHILDREN SERVICES agency that provides children 28,111
services pursuant to the transfer.
In addition to making the usual appropriations, there may 28,113
be allowed annually to the executive director an amount not to 28,114
exceed one-half his THE EXECUTIVE DIRECTOR'S official salary to 28,115
provide for necessary expenses which are incurred by him THE 28,116
EXECUTIVE DIRECTOR or his THE EXECUTIVE DIRECTOR'S staff in the 28,118
performance of their official duties. Upon the order of the
executive director, the county auditor shall draw his A warrant 28,119
652
on the county treasurer payable to the executive director or such 28,121
other person as the order designates, for such amount as the 28,122
order requires, not exceeding the amount provided for in this 28,123
section, and to be paid out of the general fund of the county. 28,124
The bond of the executive director provided for by section 28,125
5153.13 of the Revised Code shall at all times be in sufficient 28,126
amount to cover the additional appropriations provided for by 28,127
this section. 28,128
The executive director, annually, before the first Monday 28,130
of January, shall file with the auditor a detailed and itemized 28,131
statement, verified by the executive director, as to the manner 28,132
in which the fund has been expended during the current year, and 28,133
if any part of such fund remains in his THE EXECUTIVE DIRECTOR'S 28,134
hands unexpended, forthwith shall pay that amount into the county 28,135
treasury.
Sec. 5153.36. The boards of county commissioners of two or 28,144
more adjoining counties, not to exceed four, may, upon the 28,145
recommendation of the county PUBLIC children services boards or 28,147
the county departments of human services AGENCIES of such 28,148
counties, and subject to the approval of the department of human 28,149
services form themselves into a joint board, and proceed to 28,150
organize a district for the establishment and support of a 28,151
children's home, by using a site and buildings already 28,152
established in one such county, or by providing for the purchase
of a site and the erection of necessary buildings thereon. 28,153
Sec. 5153.49. The board of county commissioners of any 28,162
county within a children's home district may, upon the 28,163
recommendation of the county PUBLIC children services board or of 28,165
the county department of human services AGENCY, and subject to 28,166
the approval of the department of human services, withdraw from 28,168
such district and dispose of its interest in such home by selling 28,169
or leasing its right, title, and interest in the site, buildings, 28,170
furniture, and equipment to any counties in the district, at such 28,171
price and on such terms as are agreed upon among the boards of 28,172
653
county commissioners of the counties concerned. Section 307.10 28,173
of the Revised Code does not apply to this section. The net 28,174
proceeds of any such sale or lease shall be paid into the county 28,175
treasury of the withdrawing county. 28,176
Members of the board of trustees of a district children's 28,178
home who are residents of a county withdrawing from such district 28,179
are deemed to have resigned their positions upon completion of 28,180
the withdrawal procedure provided by this section. Vacancies 28,181
thus created shall be filled according to section 5153.05 or 28,182
sections 5153.39 and 5153.45 of the Revised Code. 28,183
Sec. 5153.53. The county PUBLIC children services board or 28,192
county department of human services AGENCY may purchase, operate, 28,196
and maintain busses BUSES to be used for educational purposes. 28,199
The operation and maintenance of such busses BUSES shall be 28,201
according to the law relating to school busses BUSES. 28,204
Sec. 5502.13. The department of public safety shall 28,213
maintain an investigations unit in order to conduct such 28,214
investigations and other enforcement activity as are authorized 28,215
by Chapters 4301., 4303., 5101., AND 5107., and 5113. and section 28,216
5115.03 of the Revised Code. The director of public safety shall 28,218
appoint such employees of the unit as are necessary, designate
the activities to be performed by those employees, and prescribe 28,219
their titles and duties. 28,220
Sec. 5709.64. (A) If an enterprise has been granted an 28,230
incentive for the current calendar year under an agreement 28,231
entered pursuant to section 5709.62, 5709.63, or 5709.632 of the 28,232
Revised Code, it may apply, on or before the thirtieth day of 28,233
April of that year, to the director of development, on a form 28,234
prescribed by him THE DIRECTOR, for a tax incentive qualification 28,235
certificate. The enterprise qualifies for an initial certificate 28,237
if, on or before the last day of the calendar year immediately 28,238
preceding that in which application is made, it satisfies all of 28,239
the following requirements: 28,240
(1) The enterprise has established, expanded, renovated, 28,242
654
or occupied a facility pursuant to the agreement under section 28,243
5709.62, 5709.63, or 5709.632 of the Revised Code. 28,244
(2) The enterprise has hired new employees to fill 28,246
nonretail positions at the facility, at least twenty-five per 28,247
cent of whom at the time they were employed were at least one of 28,248
the following: 28,249
(a) Unemployed persons who had resided at least six months 28,251
in the county in which the enterprise's project site is located; 28,252
(b) JPTA eligible employees who had resided at least six 28,254
months in the county in which the enterprise's project site is 28,255
located; 28,256
(c) Recipients PARTICIPANTS of aid to dependent children 28,259
OHIO WORKS FIRST under Chapter 5107. of the Revised Code, OR 28,260
RECIPIENTS OF general assistance under former Chapter 5113. of 28,262
the Revised Code, disability assistance under Chapter 5115. of 28,263
the Revised Code, or unemployment compensation benefits who had 28,264
resided at least six months in the county in which the 28,265
enterprise's project site is located;
(d) Handicapped persons, as defined under division (A) of 28,267
section 3304.11 of the Revised Code, who had resided at least six 28,268
months in the county in which the enterprise's project site is 28,269
located; 28,270
(e) Residents for at least one year of a zone located in 28,272
the county in which the enterprise's project site is located. 28,273
The director of development shall, by rule, establish 28,275
criteria for determining what constitutes a nonretail position at 28,276
a facility. 28,277
(3) The average number of positions attributable to the 28,279
enterprise in the municipal corporation during the calendar year 28,280
immediately preceding the calendar year in which application is 28,281
made exceeds the maximum number of positions attributable to the 28,282
enterprise in the municipal corporation during the calendar year 28,283
immediately preceding the first year the enterprise satisfies the 28,284
requirements set forth in divisions (A)(1) and (2) of this 28,285
655
section. If the enterprise is engaged in a business which, 28,286
because of its seasonal nature, customarily enables the 28,287
enterprise to operate at full capacity only during regularly 28,288
recurring periods of the year, the average number of positions 28,289
attributable to the enterprise in the municipal corporation 28,290
during each period of the calendar year immediately preceding the 28,291
calendar year in which application is made must exceed only the 28,292
maximum number of positions attributable to the enterprise in 28,293
each corresponding period of the calendar year immediately 28,294
preceding the first year the enterprise satisfies the 28,295
requirements of divisions (A)(1) and (2) of this section. The 28,296
director of development shall, by rule, prescribe methods for 28,297
determining whether an enterprise is engaged in a seasonal 28,298
business and for determining the length of the corresponding 28,299
periods to be compared. 28,300
(4) The enterprise has not closed or reduced employment at 28,302
any place of business in the state for the primary purpose of 28,303
establishing, expanding, renovating, or occupying a facility. The 28,305
legislative authority of any municipal corporation or the board 28,306
of county commissioners of any county that concludes that an 28,307
enterprise has closed or reduced employment at a place of
business in that municipal corporation or county for the primary 28,308
purpose of establishing, expanding, renovating, or occupying a 28,309
facility in a zone may appeal to the director to determine 28,310
whether the enterprise has done so. Upon receiving such an 28,311
appeal, the director shall investigate the allegations and make 28,312
such a determination before issuing an initial or renewal tax 28,313
incentive qualification certificate under this section. 28,314
Within sixty days after receiving an application under this 28,316
division, the director shall review, investigate, and verify the 28,317
application and determine whether the enterprise qualifies for a 28,318
certificate. The application shall include an affidavit executed 28,319
by the applicant verifying that the enterprise satisfies the 28,320
requirements of division (A)(2) of this section, and shall 28,321
656
contain such information and documents as the director requires, 28,322
by rule, to ascertain whether the enterprise qualifies for a 28,323
certificate. If the director finds the enterprise qualified, he 28,324
THE DIRECTOR shall issue a tax incentive qualification 28,325
certificate, which shall bear as its date of issuance the 28,326
thirtieth day of June of the year of application, and shall state 28,327
that the applicant is entitled to receive, for the taxable year 28,328
that includes the certificate's date of issuance, the tax 28,329
incentives provided under section 5709.65 of the Revised Code 28,330
with regard to the facility to which the certificate applies. If 28,331
an enterprise is issued an initial certificate, it may apply, on 28,332
or before the thirtieth day of April of each succeeding calendar 28,333
year for which it has been granted an incentive under an 28,334
agreement entered pursuant to section 5709.62, 5709.63, or 28,335
5709.632 of the Revised Code, for a renewal certificate. 28,336
Subsequent to its initial certification, the enterprise qualifies 28,337
for up to three successive renewal certificates if, on or before 28,338
the last day of the calendar year immediately preceding that in 28,339
which the application is made, it satisfies all the requirements 28,340
of divisions (A)(1) to (4) of this section, and neither the 28,341
zone's designation nor the zone's certification has been revoked 28,342
prior to the fifteenth day of June of the year in which the 28,343
application is made. The application shall include an affidavit 28,344
executed by the applicant verifying that the enterprise satisfies 28,345
the requirements of division (A)(2) of this section. An 28,346
enterprise with ten or more supervisory personnel at the facility 28,347
to which a certificate applies qualifies for any subsequent 28,348
renewal certificates only if it meets all of the foregoing 28,349
requirements and, in addition, at least ten per cent of those 28,350
supervisory personnel are employees who, when first hired by the 28,351
enterprise, satisfied at least one of the criteria specified in 28,352
divisions (A)(2)(a) to (e) of this section. If the enterprise 28,353
qualifies, a renewal certificate shall be issued bearing as its 28,354
date of issuance the thirtieth day of June of the year of 28,355
657
application. The director shall send copies of the initial 28,356
certificate, and each renewal certificate, by certified mail, to 28,357
the enterprise, the tax commissioner, the board of county 28,358
commissioners, and the chief executive of the municipal 28,359
corporation in which the facility to which the certificate 28,360
applies is located.
(B) If the director determines that an enterprise is not 28,362
qualified for an initial or renewal tax incentive qualification 28,363
certificate, he THE DIRECTOR shall send notice of this 28,364
determination, specifying the reasons for it, by certified mail, 28,366
to the applicant, the tax commissioner, the board of county 28,367
commissioners, and the chief executive of the municipal 28,368
corporation in which the facility to which the certificate would 28,369
have applied is located. Within thirty days after receiving such 28,370
a notice, an enterprise may request, in writing, a hearing before 28,371
the director for the purpose of reviewing the application and the 28,372
reasons for the determination. Within sixty days after receiving 28,373
a request for a hearing, the director shall afford one and, 28,374
within thirty days after the hearing, shall issue a 28,375
redetermination of the enterprise's qualification for a 28,376
certificate. If the enterprise is found to be qualified, the 28,377
director shall proceed in the manner provided under division (A) 28,378
of this section. If the enterprise is found to be unqualified, 28,379
the director shall send notice of this finding, by certified 28,380
mail, to the applicant, the tax commissioner, the board of county 28,381
commissioners, and the chief executive of the municipal 28,382
corporation in which the facility to which the certificate would 28,383
have applied is located. The director's redetermination that an 28,384
enterprise is unqualified may be appealed to the board of tax 28,385
appeals in the manner provided under section 5717.02 of the 28,386
Revised Code. 28,387
Sec. 5709.66. (A) If an enterprise has been granted an 28,396
incentive for the current calendar year under an agreement 28,397
entered into pursuant to section 5709.62 or 5709.63 of the 28,398
658
Revised Code and satisfies both of the requirements described in 28,399
divisions (A)(1) and (2) of this section at the time of 28,400
application, it may apply to the director of development, on a 28,401
form prescribed by the director, for the employee tax credit 28,402
certificate under division (B) of this section. 28,404
(1) The enterprise has established, expanded, renovated, 28,406
or occupied a facility pursuant to an agreement under section 28,407
5709.62 or 5709.63 of the Revised Code in a zone that is 28,408
certified by the director of development as having one of the 28,409
characteristics described in divisions (A)(1)(a) or (b) and at 28,410
least one of the characteristics described in divisions (A)(1)(c) 28,411
to (h) of section 5709.61 of the Revised Code. 28,412
(2) The enterprise or any predecessor enterprise has not 28,414
closed or reduced employment at any place of business in this 28,415
state within the twelve months preceding application unless the 28,416
enterprise, since the date the agreement was formally approved by 28,417
the legislative authority, has hired new employees equal in 28,418
number to not less than fifty per cent of the total number of 28,419
employees employed by the enterprise at other locations in this 28,420
state on that date. The legislative authority of any municipal 28,421
corporation or county that concludes that an enterprise or any 28,422
predecessor enterprise has closed or reduced employment at a 28,423
place of business in that municipal corporation or county may 28,424
appeal to the director to determine whether the enterprise or any 28,425
predecessor enterprise has done so. Upon receiving such an 28,426
appeal, the director shall investigate the allegations and 28,427
determine whether the enterprise satisfies the requirement of 28,428
division (A)(2) of this section before proceeding under division 28,429
(B) of this section. 28,430
Within sixty days after receiving an application under this 28,432
section, the director shall review, investigate, and verify the 28,433
application and determine whether the enterprise is eligible for 28,434
the employee tax credit certificate under division (B) of this 28,435
section. The application shall contain such information and 28,436
659
documents as the director requires, by rule, to ascertain whether 28,437
the enterprise is eligible for the certificate. On finding that 28,438
the enterprise is eligible, the director shall proceed under 28,439
division (B) of this section. 28,440
On determining that an enterprise is not eligible for the 28,443
certificate under division (B) of this section, the director 28,444
shall send notice of this determination, specifying the reasons 28,445
for it, by certified mail, to the applicant, the board of county 28,446
commissioners, and the chief executive of the municipal 28,447
corporation in which the facility to which the certificate would 28,448
have been given is located. Within thirty days after receiving 28,449
such a notice, an enterprise may request, in writing, a hearing 28,450
before the director for the purpose of reviewing the application 28,451
and the reasons for the determination. Within sixty days after 28,452
receiving a request for a hearing, the director shall afford one 28,453
and, within thirty days after the hearing, shall issue a 28,454
redetermination of the enterprise's eligibility for the 28,455
incentives. If the enterprise is found to be eligible, the 28,456
director shall proceed under division (B) of this section. If 28,457
the enterprise is found to be ineligible, the director shall send 28,458
notice of this finding, by certified mail, to the applicant, the 28,459
board of commissioners of the county or the chief executive of 28,460
the municipal corporation in which the facility to which the 28,461
certificate would have been given is located. The director's 28,462
redetermination that an enterprise is ineligible may be appealed 28,463
to the board of tax appeals under section 5717.02 of the Revised 28,464
Code.
(B)(1) If the director determines an enterprise to be 28,466
eligible under division (A) of this section, the director shall 28,467
determine if the enterprise is entitled to an employee tax credit 28,469
certificate. An enterprise is entitled to an employee tax credit 28,470
certificate for each eligible employee the enterprise hires. A 28,471
taxpayer who is issued an employee tax credit certificate under 28,472
this section may claim a nonrefundable credit of one thousand 28,473
660
dollars against the tax imposed under Chapter 5733. or 5747. of 28,474
the Revised Code for each taxable year of the agreement entered 28,475
into under section 5709.62 or 5709.63 of the Revised Code in 28,476
which an eligible employee is employed for the taxpayer's full 28,477
taxable year. If the eligible employee is employed for less than 28,478
the taxpayer's full taxable year, the taxpayer may claim a 28,479
reduced credit against the tax imposed under Chapter 5733. or 28,480
5747. of the Revised Code. The reduced credit shall be computed 28,481
by dividing the total number of days in the taxable year into one 28,482
thousand dollars and multiplying the quotient by the number of 28,483
days the eligible employee was employed in the taxable year. For 28,484
purposes of the computation, the eligible employee shall be 28,485
deemed to have been employed for each day of the taxable year 28,486
commencing on the date of employment or ending on the date of 28,487
termination of employment.
The credit provided under this division to a noncorporate 28,490
enterprise or an enterprise that is an S corporation as defined 28,491
in section 1361 of the Internal Revenue Code shall be divided pro 28,492
rata among the owners or shareholders of the enterprise subject 28,493
to the tax imposed under Chapter 5747. of the Revised Code, based 28,494
on their proportionate ownership interests in the enterprise. 28,495
The enterprise shall file with the tax commissioner, on a form 28,496
prescribed by the tax commissioner, a statement showing the total 28,497
available credit and the portion of that credit attributed to 28,498
each owner or shareholder. The statement shall identify each 28,499
owner or shareholder by name and social security number and shall 28,500
be filed with the tax commissioner by the date prescribed by the 28,501
tax commissioner, which shall be no earlier than the fifteenth 28,502
day of the month following the close of the enterprise's taxable 28,503
year for which the credit is claimed. 28,504
The taxpayer shall claim the credit in the order required 28,506
under section 5733.98 or 5747.98 of the Revised Code. If the 28,507
credit provided under this division exceeds the taxpayer's tax 28,509
liability for the taxable year after allowance for any other 28,510
661
credits that precede the credit under this section in that order, 28,511
the credit may be carried forward for the next three succeeding 28,512
taxable years, but the amount of any excess credit allowed in any 28,513
such year shall be deducted from the balance carried forward to 28,514
the succeeding taxable year.
(b)(2) As used in this division: 28,516
(i)(a) "Eligible employee" means a new employee at a 28,518
facility who, at the time the employee was hired to work at the 28,519
facility, was a recipient of aid to dependent children OHIO WORKS 28,521
FIRST under Chapter 5107. of the Revised Code or general 28,522
assistance under former Chapter 5113. of the Revised Code and 28,523
resided for at least one year in the county in which the facility 28,524
is located. "Eligible employee" does not include any employee of 28,525
the enterprise who is a new employee, as defined under section 28,526
122.17 of the Revised Code, on the basis of whom the enterprise 28,527
has claimed a credit under that section. 28,528
(ii)(b) "Taxable year" has the same meaning as in section 28,530
5733.04 or 5747.01 of the Revised Code, as applicable to the 28,531
enterprise claiming the credit. 28,532
Sec. 5733.04. As used in this chapter: 28,541
(A) "Issued and outstanding shares of stock" applies to 28,543
nonprofit corporations, as provided in section 5733.01 of the 28,544
Revised Code, and includes but is not limited to, membership 28,545
certificates and other instruments evidencing ownership of an 28,546
interest in such nonprofit corporations, and with respect to a 28,547
financial institution which does not have capital stock, "issued 28,548
and outstanding shares of stock" includes, but is not limited to, 28,549
ownership interests of depositors in the capital employed in such 28,550
an institution. 28,551
(B) "Taxpayer" means a corporation subject to the tax 28,553
imposed by this chapter. 28,554
(C) "Resident" means a corporation organized under the 28,556
laws of this state. 28,557
(D) "Commercial domicile" means the principal place from 28,559
662
which the trade or business of the taxpayer is directed or 28,560
managed. 28,561
(E) "Taxable year" means the year or portion thereof upon 28,563
the net income of which the value of the taxpayer's issued and 28,564
outstanding shares of stock is determined or the year at the end 28,565
of which the total value of the corporation is determined. 28,566
(F) "Tax year" means the calendar year in and for which 28,568
the tax provided by this chapter is required to be paid. 28,569
(G) "Internal Revenue Code" means the "Internal Revenue 28,571
Code of 1986," 100 Stat. 2085, 26 U.S.C.A. 1, as amended. 28,572
(H) "Federal income tax" means the income tax imposed by 28,574
the Internal Revenue Code. 28,575
(I) "Net income" means the taxpayer's taxable income 28,577
before operating loss deduction and special deductions, as 28,578
required to be reported for the taxpayer's taxable year under the 28,579
Internal Revenue Code, subject to the following adjustments: 28,580
(1)(a) Deduct any net operating loss incurred in any 28,582
taxable years ending in 1971 or thereafter but exclusive of any 28,583
net operating loss incurred in taxable years ending prior to 28,584
January 1, 1971. This deduction shall not be allowed in any tax 28,585
year commencing before December 31, 1973, but shall be carried 28,586
over and allowed in tax years commencing after December 31, 1973, 28,587
until fully utilized in the next succeeding taxable year or years 28,588
in which the taxpayer has net income, but in no case for more 28,589
than the designated carryover period as described in division 28,590
(I)(1)(b) of this section. The amount of such net operating 28,591
loss, as determined under the allocation and apportionment 28,592
provisions of section 5733.051 and division (B) of section 28,593
5733.05 of the Revised Code for the year in which the net 28,594
operating loss occurs, shall be deducted from net income, as 28,595
determined under the allocation and apportionment provisions of 28,596
section 5733.051 and division (B) of section 5733.05 of the 28,597
Revised Code, to the extent necessary to reduce net income to 28,598
zero with the remaining unused portion of the deduction, if any, 28,599
663
carried forward to the remaining years of the designated 28,600
carryover period as described in division (I)(1)(b) of this 28,601
section, or until fully utilized, whichever occurs first. 28,602
(b) For losses incurred in taxable years ending on or 28,604
before December 31, 1981, the designated carryover period shall 28,605
be the five consecutive taxable years after the taxable year in 28,606
which the net operating loss occurred. For losses incurred in 28,607
taxable years ending on or after January 1, 1982, the designated 28,608
carryover period shall be the fifteen consecutive taxable years 28,609
after the taxable year in which the net operating loss occurs. 28,610
(c) The tax commissioner may require a taxpayer to furnish 28,612
any information necessary to support a claim for deduction under 28,613
division (I)(1)(a) of this section and no deduction shall be 28,614
allowed unless the information is furnished. 28,615
(2) Deduct any amount included in net income by 28,617
application of section 78 or 951 of the Internal Revenue Code, 28,618
amounts received for royalties, technical or other services 28,619
derived from sources outside the United States, and dividends 28,620
received from a subsidiary, associate, or affiliated corporation 28,621
that neither transacts any substantial portion of its business 28,622
nor regularly maintains any substantial portion of its assets 28,623
within the United States. For purposes of determining net 28,624
foreign source income deductible under division (I)(2) of this 28,625
section, the amount of gross income from all such sources other 28,626
than income derived by application of section 78 or 951 of the 28,627
Internal Revenue Code shall be reduced by: 28,628
(a) The amount of any reimbursed expenses for personal 28,630
services performed by employees of the taxpayer for the 28,631
subsidiary, associate, or affiliated corporation; 28,632
(b) Ten per cent of the amount of royalty income and 28,634
technical assistance fees; 28,635
(c) Fifteen per cent of the amount of dividends and all 28,637
other income. 28,638
The amounts described in divisions (I)(2)(a) to (c) of this 28,640
664
section are deemed to be the expenses attributable to the 28,641
production of deductible foreign source income unless the 28,642
taxpayer shows, by clear and convincing evidence, less actual 28,643
expenses or the tax commissioner shows, by clear and convincing 28,644
evidence, more actual expenses. 28,645
(3) Add any loss or deduct any gain resulting from the 28,647
sale, exchange, or other disposition of a capital asset, or an 28,648
asset described in section 1231 of the Internal Revenue Code, to 28,649
the extent that such loss or gain occurred prior to the first 28,650
taxable year on which the tax provided for in section 5733.06 of 28,651
the Revised Code is computed on the corporation's net income. For 28,653
purposes of division (I)(3) of this section, the amount of the 28,654
prior loss or gain shall be measured by the difference between 28,655
the original cost or other basis of the asset and the fair market 28,656
value as of the beginning of the first taxable year on which the 28,657
tax provided for in section 5733.06 of the Revised Code is 28,658
computed on the corporation's net income. At the option of the 28,659
taxpayer, the amount of the prior loss or gain may be a
percentage of the gain or loss, which percentage shall be 28,660
determined by multiplying the gain or loss by a fraction, the 28,661
numerator of which is the number of months from the acquisition 28,662
of the asset to the beginning of the first taxable year on which 28,663
the fee provided in section 5733.06 of the Revised Code is 28,664
computed on the corporation's net income, and the denominator of 28,665
which is the number of months from the acquisition of the asset 28,666
to the sale, exchange, or other disposition of the asset. 28,667
(4) Deduct the dividend received deduction provided by 28,669
section 243 of the Internal Revenue Code. 28,670
(5) Deduct any interest or interest equivalent on public 28,672
obligations and purchase obligations to the extent included in 28,673
federal taxable income. As used in divisions (I)(5) and (6) of 28,674
this section, "public obligations," "purchase obligations," and 28,675
"interest or interest equivalent" have the same meanings as in 28,676
section 5709.76 of the Revised Code. 28,677
665
(6) Add any loss or deduct any gain resulting from the 28,679
sale, exchange, or other disposition of public obligations to the 28,680
extent included in federal taxable income. 28,681
(7) To the extent not otherwise allowed, deduct any 28,683
dividends or distributions received by a taxpayer from a public 28,684
utility, if the taxpayer owns at least eighty per cent of the 28,685
issued and outstanding common stock of the utility. As used in 28,686
division (I)(7) of this section, "public utility" or "utility" 28,687
means a public utility as defined in Chapter 5727. of the Revised 28,688
Code, whether or not the utility is doing business in the state. 28,689
(8) To the extent not otherwise allowed, deduct any 28,691
dividends received by a taxpayer from an insurance company, if 28,692
the taxpayer owns at least eighty per cent of the issued and 28,693
outstanding common stock of the insurance company. As used in 28,694
division (I)(8) of this section, "insurance company" means an 28,695
insurance company which is taxable under Chapter 5725. or 5729. 28,696
of the Revised Code. 28,697
(9) Deduct expenditures for modifying existing buildings 28,699
or structures to meet American national standards institute 28,700
standard A-117.1-1961 (R-1971), as amended; provided, that no 28,701
deduction shall be allowed to the extent that such deduction is 28,702
not permitted under federal law or under rules of the tax 28,703
commissioner. Those deductions as are allowed may be taken over 28,704
a period of five years. The tax commissioner shall adopt rules 28,705
under Chapter 119. of the Revised Code establishing reasonable 28,706
limitations on the extent that expenditures for modifying 28,707
existing buildings or structures are attributable to the purpose 28,708
of making the buildings or structures accessible to and usable by 28,709
physically handicapped persons. 28,710
(10) Deduct the amount of wages and salaries, if any, not 28,712
otherwise allowable as a deduction but that would have been 28,713
allowable as a deduction in computing federal taxable income 28,714
before operating loss deduction and special deductions for the 28,715
taxable year, had the targeted jobs credit allowed and determined 28,716
666
under sections 38, 51, and 52 of the Internal Revenue Code not 28,717
been in effect. 28,718
(11) Deduct net interest income on obligations of the 28,720
United States and its territories and possessions or of any 28,721
authority, commission, or instrumentality of the United States to 28,722
the extent the laws of the United States prohibit inclusion of 28,723
the net interest for purposes of determining the value of the 28,724
taxpayer's issued and outstanding shares of stock under division 28,725
(B) of section 5733.05 of the Revised Code. As used in division 28,726
(I)(11) of this section, "net interest" means interest net of any 28,727
expenses taken on the federal income tax return that would not 28,728
have been allowed under section 265 of the Internal Revenue Code 28,729
if the interest were exempt from federal income tax. 28,730
(12)(a) Except as set forth in division (I)(12)(d) of this 28,732
section, to the extent not included in computing the taxpayer's 28,733
federal taxable income before operating loss deduction and 28,734
special deductions, add gains and deduct losses from direct or 28,735
indirect sales, exchanges, or other dispositions, made by a 28,736
related entity who is not a taxpayer, of the taxpayer's indirect, 28,737
beneficial, or constructive investment in the stock or debt of 28,738
another entity, unless the gain or loss has been included in 28,739
computing the federal taxable income before operating loss 28,740
deduction and special deductions of another taxpayer with a more 28,741
closely related investment in the stock or debt of the other 28,742
entity. The amount of gain added or loss deducted shall not 28,743
exceed the product obtained by multiplying such gain or loss by 28,744
the taxpayer's proportionate share, directly, indirectly, 28,745
beneficially, or constructively, of the outstanding stock of the 28,746
related entity immediately prior to the direct or indirect sale, 28,747
exchange, or other disposition. 28,748
(b) Except as set forth in division (I)(12)(e) of this 28,750
section, to the extent not included in computing the taxpayer's 28,751
federal taxable income before operating loss deduction and 28,752
special deductions, add gains and deduct losses from direct or 28,753
667
indirect sales, exchanges, or other dispositions made by a 28,754
related entity who is not a taxpayer, of intangible property 28,755
other than stock, securities, and debt, if such property was 28,756
owned, or used in whole or in part, at any time prior to or at 28,757
the time of the sale, exchange, or disposition by either the 28,758
taxpayer or by a related entity that was a taxpayer at any time 28,759
during the related entity's ownership or use of such property, 28,760
unless the gain or loss has been included in computing the 28,761
federal taxable income before operating loss deduction and 28,762
special deductions of another taxpayer with a more closely 28,763
related ownership or use of such intangible property. The 28,764
amount of gain added or loss deducted shall not exceed the 28,765
product obtained by multiplying such gain or loss by the 28,766
taxpayer's proportionate share, directly, indirectly, 28,767
beneficially, or constructively, of the outstanding stock of the 28,768
related entity immediately prior to the direct or indirect sale, 28,769
exchange, or other disposition. 28,770
(c) As used in division (I)(12) of this section, "related 28,772
entity" means those entities described in divisions (I)(12)(c)(i) 28,773
to (iii) of this section: 28,774
(i) An individual stockholder, or a member of the 28,776
stockholder's family enumerated in section 318 of the Internal 28,777
Revenue Code, if the stockholder and the members of the 28,778
stockholder's family own, directly, indirectly, beneficially, or 28,779
constructively, in the aggregate, at least fifty per cent of the 28,780
value of the taxpayer's outstanding stock; 28,781
(ii) A stockholder, or a stockholder's partnership, 28,783
estate, trust, or corporation, if the stockholder and the 28,784
stockholder's partnerships, estates, trusts, and corporations own 28,785
directly, indirectly, beneficially, or constructively, in the 28,786
aggregate, at least fifty per cent of the value of the taxpayer's 28,787
outstanding stock; 28,788
(iii) A corporation, or a party related to the corporation 28,790
in a manner that would require an attribution of stock from the 28,791
668
corporation to the party or from the party to the corporation 28,792
under division (I)(12)(c)(iv) of this section, if the taxpayer 28,793
owns, directly, indirectly, beneficially, or constructively, at 28,794
least fifty per cent of the value of the corporation's 28,795
outstanding stock. 28,796
(iv) The attribution rules of section 318 of the Internal 28,798
Revenue Code apply for purposes of determining whether the 28,799
ownership requirements in divisions (I)(12)(c)(i) to (iii) of 28,800
this section have been met. 28,801
(d) For purposes of the adjustments required by division 28,803
(I)(12)(a) of this section, the term "investment in the stock or 28,804
debt of another entity" means only those investments where the 28,805
taxpayer and the taxpayer's related entities directly, 28,806
indirectly, beneficially, or constructively own, in the 28,807
aggregate, at any time during the twenty-four month period 28,808
commencing one year prior to the direct or indirect sale, 28,809
exchange, or other disposition of such investment at least fifty 28,810
per cent or more of the value of either the outstanding stock or 28,811
such debt of such other entity. 28,812
(e) For purposes of the adjustments required by division 28,814
(I)(12)(b) of this section, the term "related entity" excludes 28,815
all of the following: 28,816
(i) Foreign corporations as defined in section 7701 of the 28,818
Internal Revenue Code; 28,819
(ii) Foreign partnerships as defined in section 7701 of 28,821
the Internal Revenue Code; 28,822
(iii) Corporations, partnerships, estates, and trusts 28,824
created or organized in or under the laws of the Commonwealth of 28,825
Puerto Rico or any possession of the United States; 28,826
(iv) Foreign estates and foreign trusts as defined in 28,828
section 7701 of the Internal Revenue Code. 28,829
The exclusions described in divisions (I)(12)(e)(i) to (iv) 28,831
of this section do not apply if the corporation, partnership, 28,832
estate, or trust is described in any one of divisions (C)(1) to 28,833
669
(5) of section 5733.042 of the Revised Code. 28,834
(f) Nothing in division (I)(12) of this section shall 28,836
require or permit a taxpayer to add any gains or deduct any 28,837
losses described in divisions (I)(12)(f)(i) and (ii) of this 28,838
section: 28,839
(i) Gains or losses recognized for federal income tax 28,841
purposes by an individual, estate, or trust without regard to the 28,842
attribution rules described in division (I)(12)(c) of this 28,843
section, and 28,844
(ii) A related entity's gains or losses described in 28,846
division (I)(12)(b) if the taxpayer's ownership of or use of such 28,847
intangible property was limited to a period not exceeding nine 28,848
months and was attributable to a transaction or a series of 28,849
transactions executed in accordance with the election or 28,850
elections made by the taxpayer or a related entity pursuant to 28,851
section 338 of the Internal Revenue Code. 28,852
(13) Any adjustment required by section 5733.042 of the 28,854
Revised Code. 28,855
(14) DEDUCT THE AMOUNT CONTRIBUTED BY THE TAXPAYER TO AN 28,858
INDIVIDUAL DEVELOPMENT ACCOUNT PROGRAM ESTABLISHED BY A COUNTY 28,859
DEPARTMENT OF HUMAN SERVICES PURSUANT TO SECTIONS 329.11 TO 28,860
329.14 OF THE REVISED CODE FOR THE PURPOSE OF MATCHING FUNDS 28,863
DEPOSITED BY PROGRAM PARTICIPANTS. ON REQUEST OF THE TAX 28,864
COMMISSIONER, THE TAXPAYER SHALL PROVIDE ANY INFORMATION THAT, IN 28,865
THE TAX COMMISSIONER'S OPINION, IS NECESSARY TO ESTABLISH THE 28,866
AMOUNT DEDUCTED UNDER DIVISION (I)(14) OF THIS SECTION. 28,867
(J) Any term used in this chapter has the same meaning as 28,869
when used in comparable context in the laws of the United States 28,870
relating to federal income taxes unless a different meaning is 28,871
clearly required. Any reference in this chapter to the Internal 28,872
Revenue Code includes other laws of the United States relating to 28,873
federal income taxes. 28,874
(K) "Financial institution" has the meaning given by 28,876
section 5725.01 of the Revised Code. 28,877
670
Sec. 5747.01. Except as otherwise expressly provided or 28,886
clearly appearing from the context, any term used in this chapter 28,887
has the same meaning as when used in a comparable context in the 28,888
Internal Revenue Code, and all other statutes of the United 28,889
States relating to federal income taxes. 28,890
As used in this chapter: 28,892
(A) "Adjusted gross income" or "Ohio adjusted gross 28,894
income" means adjusted gross income as defined and used in the 28,895
Internal Revenue Code, adjusted as follows: 28,896
(1) Add interest or dividends on obligations or securities 28,898
of any state or of any political subdivision or authority of any 28,899
state, other than this state and its subdivisions and 28,900
authorities; 28,901
(2) Add interest or dividends on obligations of any 28,903
authority, commission, instrumentality, territory, or possession 28,904
of the United States that are exempt from federal income taxes 28,905
but not from state income taxes; 28,906
(3) Deduct interest or dividends on obligations of the 28,908
United States and its territories and possessions or of any 28,909
authority, commission, or instrumentality of the United States to 28,910
the extent included in federal adjusted gross income but exempt 28,911
from state income taxes under the laws of the United States; 28,912
(4) Deduct disability and survivor's benefits to the 28,914
extent included in federal adjusted gross income; 28,915
(5) Deduct benefits under Title II of the Social Security 28,917
Act and tier 1 railroad retirement benefits to the extent 28,918
included in federal adjusted gross income under section 86 of the 28,919
Internal Revenue Code; 28,920
(6) Add, in the case of a taxpayer who is a beneficiary of 28,922
a trust that makes an accumulation distribution as defined in 28,923
section 665 of the Internal Revenue Code, the portion, if any, of 28,924
such distribution that does not exceed the undistributed net 28,925
income of the trust for the three taxable years preceding the 28,926
taxable year in which the distribution is made. "Undistributed 28,927
671
net income of a trust" means the taxable income of the trust 28,928
increased by (a)(i) the additions to adjusted gross income 28,929
required under division (A) of this section and (ii) the personal 28,930
exemptions allowed to the trust pursuant to section 642(b) of the 28,931
Internal Revenue Code, and decreased by (b)(i) the deductions to 28,932
adjusted gross income required under division (A) of this 28,933
section, (ii) the amount of federal income taxes attributable to 28,934
such income, and (iii) the amount of taxable income that has been 28,935
included in the adjusted gross income of a beneficiary by reason 28,936
of a prior accumulation distribution. Any undistributed net 28,937
income included in the adjusted gross income of a beneficiary 28,938
shall reduce the undistributed net income of the trust commencing 28,939
with the earliest years of the accumulation period. 28,940
(7) Deduct the amount of wages and salaries, if any, not 28,942
otherwise allowable as a deduction but that would have been 28,943
allowable as a deduction in computing federal adjusted gross 28,944
income for the taxable year, had the targeted jobs credit allowed 28,945
and determined under sections 38, 51, and 52 of the Internal 28,946
Revenue Code not been in effect; 28,947
(8) Deduct any interest or interest equivalent on public 28,949
obligations and purchase obligations to the extent included in 28,950
federal adjusted gross income; 28,951
(9) Add any loss or deduct any gain resulting from the 28,953
sale, exchange, or other disposition of public obligations to the 28,954
extent included in federal adjusted gross income; 28,955
(10) Regarding tuition credits purchased under Chapter 28,958
3334. of the Revised Code: 28,959
(a) Deduct the following: 28,961
(i) For credits that as of the end of the taxable year 28,964
have not been refunded pursuant to the termination of a tuition
payment contract under section 3334.10 of the Revised Code, the 28,966
amount of income related to the credits, to the extent included 28,967
in federal adjusted gross income;
(ii) For credits that during the taxable year have been 28,970
672
refunded pursuant to the termination of a tuition payment
contract under section 3334.10 of the Revised Code, the excess of 28,972
the total purchase price of the tuition credits refunded over the 28,973
amount of refund, to the extent the amount of the excess was not 28,974
deducted in determining federal adjusted gross income; 28,975
(b) Add the following: 28,977
(i) For credits that as of the end of the taxable year 28,980
have not been refunded pursuant to the termination of a tuition
payment contract under section 3334.10 of the Revised Code, the 28,982
amount of loss related to the credits, to the extent the amount 28,983
of the loss was deducted in determining federal adjusted gross 28,984
income;
(ii) For credits that during the taxable year have been 28,987
refunded pursuant to the termination of a tuition payment
contract under section 3334.10 of the Revised Code, the excess of 28,989
the amount of refund over the purchase price of each tuition 28,990
credit refunded, to the extent not included in federal adjusted 28,991
gross income.
(11) Deduct, in the case of a self-employed individual as 28,993
defined in section 401(c)(1) of the Internal Revenue Code and to 28,994
the extent not otherwise allowable as a deduction in computing 28,995
federal adjusted gross income for the taxable year, the amount 28,996
paid during the taxable year for insurance which constitutes 28,997
medical care for the taxpayer, the taxpayer's spouse, and 28,998
dependents. No deduction under division (A)(11) of this section 29,000
shall be allowed to any taxpayer who is eligible to participate 29,001
in any subsidized health plan maintained by any employer of the 29,002
taxpayer or of the spouse of the taxpayer. No deduction under 29,003
division (A)(11) of this section shall be allowed to the extent 29,004
that the sum of such deduction and any related deduction 29,005
allowable in computing federal adjusted gross income for the 29,006
taxable year exceeds the taxpayer's earned income, within the 29,007
meaning of section 401(c) of the Internal Revenue Code, derived 29,008
by the taxpayer from the trade or business with respect to which 29,009
673
the plan providing the medical coverage is established. 29,010
(12) Deduct any amount included in federal adjusted gross 29,012
income solely because the amount represents a reimbursement or 29,013
refund of expenses that in a previous year the taxpayer had 29,014
deducted as an itemized deduction pursuant to section 63 of the 29,015
Internal Revenue Code and applicable treasury regulations; 29,016
(13) Deduct any portion of the deduction described in 29,018
section 1341(a)(2) of the Internal Revenue Code, for repaying 29,019
previously reported income received under a claim of right, that 29,020
meets both of the following requirements: 29,021
(a) It is allowable for repayment of an item that was 29,023
included in the taxpayer's adjusted gross income for a prior 29,024
taxable year and did not qualify for a credit under division (A) 29,025
or (B) of section 5747.05 of the Revised Code for that year; 29,026
(b) It does not otherwise reduce the taxpayer's adjusted 29,028
gross income for the current or any other taxable year. 29,029
(14) Deduct an amount equal to the deposits made to, and 29,031
net investment earnings of, a medical savings account during the 29,032
taxable year, in accordance with section 3924.66 of the Revised 29,033
Code;
(15)(a) Add an amount equal to the funds withdrawn from a 29,035
medical savings account during the taxable year, and the net 29,036
investment earnings on those funds, when the funds withdrawn were 29,037
used for any purpose other than to reimburse an account holder 29,038
for, or to pay, eligible medical expenses, in accordance with 29,039
section 3924.66 of the Revised Code;
(b) Add the amounts distributed from a medical savings 29,041
account under division (A)(2) of section 3924.68 of the Revised 29,042
Code during the taxable year. 29,043
(16) DEDUCT THE AMOUNT CONTRIBUTED BY THE TAXPAYER TO AN 29,046
INDIVIDUAL DEVELOPMENT ACCOUNT PROGRAM ESTABLISHED BY A COUNTY 29,047
DEPARTMENT OF HUMAN SERVICES PURSUANT TO SECTIONS 329.11 TO 29,048
329.14 OF THE REVISED CODE FOR THE PURPOSE OF MATCHING FUNDS 29,051
DEPOSITED BY PROGRAM PARTICIPANTS. ON REQUEST OF THE TAX 29,052
674
COMMISSIONER, THE TAXPAYER SHALL PROVIDE ANY INFORMATION THAT, IN 29,053
THE TAX COMMISSIONER'S OPINION, IS NECESSARY TO ESTABLISH THE 29,054
AMOUNT DEDUCTED UNDER DIVISION (A)(16) OF THIS SECTION. 29,055
(B) "Business income" means income arising from 29,057
transactions, activities, and sources in the regular course of a 29,058
trade or business and includes income from tangible and 29,059
intangible property if the acquisition, rental, management, and 29,060
disposition of the property constitute integral parts of the 29,061
regular course of a trade or business operation. 29,062
(C) "Nonbusiness income" means all income other than 29,064
business income and may include, but is not limited to, 29,065
compensation, rents and royalties from real or tangible personal 29,066
property, capital gains, interest, dividends and distributions, 29,067
patent or copyright royalties, or lottery winnings, prizes, and 29,068
awards. 29,069
(D) "Compensation" means any form of remuneration paid to 29,071
an employee for personal services. 29,072
(E) "Fiduciary" means a guardian, trustee, executor, 29,074
administrator, receiver, conservator, or any other person acting 29,075
in any fiduciary capacity for any individual, trust, or estate. 29,076
(F) "Fiscal year" means an accounting period of twelve 29,078
months ending on the last day of any month other than December. 29,079
(G) "Individual" means any natural person. 29,081
(H) "Internal Revenue Code" means the "Internal Revenue 29,083
Code of 1986," 100 Stat. 2085, 26 U.S.C.A. 1, as amended. 29,084
(I) "Resident" means: 29,086
(1) An individual who is domiciled in this state, subject 29,088
to section 5747.24 of the Revised Code; 29,089
(2) The estate of a decedent who at the time of death was 29,092
domiciled in this state. The domicile tests of section 5747.24 29,093
of the Revised Code and any election under section 5747.25 of the 29,094
Revised Code are not controlling for purposes of division (I)(2) 29,095
of this section.
(J) "Nonresident" means an individual or estate that is 29,097
675
not a resident. An individual who is a resident for only part of 29,098
a taxable year is a nonresident for the remainder of that taxable 29,099
year. 29,100
(K) "Partnership" means any unincorporated business 29,102
association and includes, but is not limited to, a syndicate, 29,103
group, pool, or joint venture through or by means of which any 29,104
business, financial operation, or venture is carried on, but does 29,105
not include a trust, or estate within the meaning of this 29,106
section. 29,107
(L) "Return" means the notifications and reports required 29,109
to be filed pursuant to this chapter for the purpose of reporting 29,110
the tax due and includes declarations of estimated tax when so 29,111
required. 29,112
(M) "Taxable year" means the calendar year or the 29,114
taxpayer's fiscal year ending during the calendar year, or 29,115
fractional part thereof, upon which the adjusted gross income is 29,116
calculated pursuant to this chapter. 29,117
(N) "Taxpayer" means any person subject to the tax imposed 29,119
by section 5747.02 of the Revised Code. 29,120
(O) "Dependents" means dependents as defined in the 29,122
Internal Revenue Code and as claimed in the taxpayer's federal 29,123
income tax return for the taxable year or which the taxpayer 29,124
would have been permitted to claim had the taxpayer filed a 29,125
federal income tax return. 29,127
(P) "Principal county of employment" means, in the case of 29,129
a nonresident, the county within the state in which a taxpayer 29,130
performs services for an employer or, if those services are 29,131
performed in more than one county, the county in which the major 29,132
portion of the services are performed. 29,133
(Q) As used in sections 5747.50 to 5747.55 of the Revised 29,135
Code: 29,136
(1) "Subdivision" means any county, municipal corporation, 29,138
park district, or township. 29,139
(2) "Essential local government purposes" includes all 29,141
676
functions that any subdivision is required by general law to 29,142
exercise, including like functions that are exercised under a 29,143
charter adopted pursuant to the Ohio constitution CONSTITUTION. 29,145
(R) "Overpayment" means any amount already paid that 29,147
exceeds the figure determined to be the correct amount of the 29,148
tax. 29,149
(S) "Taxable income" applies to estates only and means 29,151
taxable income as defined and used in the Internal Revenue Code 29,152
adjusted as follows: 29,153
(1) Add interest or dividends on obligations or securities 29,155
of any state or of any political subdivision or authority of any 29,156
state, other than this state and its subdivisions and 29,157
authorities; 29,158
(2) Add interest or dividends on obligations of any 29,160
authority, commission, instrumentality, territory, or possession 29,161
of the United States that are exempt from federal income taxes 29,162
but not from state income taxes; 29,163
(3) Add the amount of personal exemption allowed to the 29,165
estate pursuant to section 642(b) of the Internal Revenue Code; 29,166
(4) Deduct interest or dividends on obligations of the 29,168
United States and its territories and possessions or of any 29,169
authority, commission, or instrumentality of the United States 29,170
that are exempt from state taxes under the laws of the United 29,171
States; 29,172
(5) Deduct the amount of wages and salaries, if any, not 29,174
otherwise allowable as a deduction but that would have been 29,175
allowable as a deduction in computing federal taxable income for 29,176
the taxable year, had the targeted jobs credit allowed under 29,177
sections 38, 51, and 52 of the Internal Revenue Code not been in 29,178
effect; 29,179
(6) Deduct any interest or interest equivalent on public 29,181
obligations and purchase obligations to the extent included in 29,182
federal taxable income; 29,183
(7) Add any loss or deduct any gain resulting from sale, 29,185
677
exchange, or other disposition of public obligations to the 29,186
extent included in federal taxable income; 29,187
(8) Except in the case of the final return of an estate, 29,189
add any amount deducted by the taxpayer on both its Ohio estate 29,190
tax return pursuant to section 5731.14 of the Revised Code, and 29,191
on its federal income tax return in determining either federal 29,192
adjusted gross income or federal taxable income; 29,193
(9) Deduct any amount included in federal taxable income 29,195
solely because the amount represents a reimbursement or refund of 29,196
expenses that in a previous year the decedent had deducted as an 29,197
itemized deduction pursuant to section 63 of the Internal Revenue 29,198
Code and applicable treasury regulations; 29,199
(10) Deduct any portion of the deduction described in 29,201
section 1341(a)(2) of the Internal Revenue Code, for repaying 29,202
previously reported income received under a claim of right, that 29,203
meets both of the following requirements: 29,204
(a) It is allowable for repayment of an item that was 29,206
included in the taxpayer's taxable income or the decedent's 29,207
adjusted gross income for a prior taxable year and did not 29,208
qualify for a credit under division (A) or (B) of section 5747.05 29,209
of the Revised Code for that year. 29,210
(b) It does not otherwise reduce the taxpayer's taxable 29,212
income or the decedent's adjusted gross income for the current or 29,213
any other taxable year. 29,214
(T) "School district income" and "school district income 29,216
tax" have the same meanings as in section 5748.01 of the Revised 29,217
Code. 29,218
(U) As used in divisions (A)(8), (A)(9), (S)(6), and 29,220
(S)(7) of this section, "public obligations," "purchase 29,221
obligations," and "interest or interest equivalent" have the same 29,222
meanings as in section 5709.76 of the Revised Code. 29,223
(V) "Limited liability company" means any limited 29,225
liability company formed under Chapter 1705. of the Revised Code 29,226
or under the laws of any other state. 29,227
678
Section 2. That existing sections 117.45, 124.11, 124.26, 29,230
124.30, 125.13, 127.16, 176.05, 302.18, 307.01, 307.12, 307.441, 29,231
307.851, 319.16, 329.01, 329.02, 329.03, 329.04, 329.043, 329.05, 29,233
329.051, 329.06, 329.09, 2151.011, 2151.10, 2151.31, 2151.421, 29,234
2301.03, 2301.35, 2301.351, 2301.357, 2301.36, 2301.37, 2301.372, 29,235
2329.66, 2715.041, 2715.045, 2716.13, 2901.30, 2921.13, 2951.02, 29,236
3101.01, 3107.01, 3109.051, 3111.09, 3111.20, 3111.23, 3113.06, 29,237
3113.07, 3113.21, 3113.215, 3113.216, 3113.217, 3113.218, 29,238
3115.24, 3301.0719, 3313.64, 3317.023, 3317.10, 3317.14, 29,239
3701.503, 3727.17, 4115.04, 4117.01, 4123.27, 4141.16, 4141.162, 29,240
4141.163, 4141.28, 5101.02, 5101.06, 5101.07, 5101.071, 5101.10, 29,242
5101.14, 5101.141, 5101.15, 5101.16, 5101.161, 5101.18, 5101.181, 29,243
5101.183, 5101.31, 5101.323, 5101.35, 5101.36, 5101.37, 5101.46, 29,244
5101.54, 5101.544, 5101.58, 5101.59, 5101.82, 5101.83, 5101.91, 29,246
5101.92, 5101.93, 5101.97, 5101.99, 5103.02, 5103.154, 5104.01, 29,247
5104.011, 5104.03, 5104.04, 5104.081, 5104.11, 5104.30, 5104.31, 29,248
5104.32, 5104.34, 5104.38, 5104.39, 5104.42, 5107.01, 5107.02, 29,249
5107.031, 5107.04, 5107.041, 5107.05, 5107.07, 5107.071, 5107.10, 29,250
5107.12, 5107.13, 5107.15, 5107.18, 5107.19, 5107.21, 5107.22, 29,251
5107.23, 5107.24, 5107.25, 5107.26, 5107.30, 5107.31, 5107.32, 29,252
5111.01, 5111.013, 5111.017, 5111.023, 5111.09, 5115.01, 5115.03, 29,254
5115.05, 5119.22, 5119.65, 5119.68, 5122.39, 5123.93, 5139.18, 29,255
5153.01, 5153.08, 5153.09, 5153.091, 5153.10, 5153.11, 5153.111, 29,256
5153.12, 5153.13, 5153.131, 5153.14, 5153.16, 5153.161, 5153.162, 29,258
5153.163, 5153.164, 5153.165, 5153.17, 5153.18, 5153.19, 5153.20, 29,259
5153.21, 5153.22, 5153.23, 5153.25, 5153.26, 5153.27, 5153.28, 29,260
5153.29, 5153.30, 5153.31, 5153.32, 5153.33, 5153.34, 5153.35, 29,261
5153.36, 5153.49, 5153.53, 5502.13, 5709.64, 5709.66, 5733.04, 29,262
and 5747.01, and sections 329.041, 329.07, 329.99, 4141.043, 29,263
5101.09, 5101.461, 5101.462, 5101.463, 5101.464, 5101.57, 29,264
5101.80, 5101.81, 5101.84, 5101.841, 5101.842, 5101.85, 5101.86, 29,265
5101.87, 5101.88, 5101.881, 5101.89, 5101.90, 5101.94, 5101.95, 29,266
5101.98, 5107.011, 5107.03, 5107.032, 5107.033, 5107.034, 29,268
5107.06, 5107.08, 5107.09, 5107.11, 5107.14, 5107.151, 5107.16, 29,269
679
5107.17, 5107.20, 5107.33, 5107.34, 5107.99, 5111.014, 5115.18,
5153.02, 5153.03, 5153.04, 5153.05, 5153.06, and 5153.07 of the 29,271
Revised Code are hereby repealed. 29,273
Section 3. (A) A determination that the Department of 29,275
Human Services or a county department of human services made 29,276
prior to the effective date of this act pursuant to the following 29,277
continue in effect after the effective date of this act and the 29,278
Department or county department may act on those determinations 29,279
unless the Department adopts rules providing that a determination 29,281
is no longer in effect:
(1) A state hearing or administrative appeal made under 29,283
section 5101.35 of the Revised Code; 29,284
(2) Section 5107.04 (5107.76), 5107.041 (5107.17), or 29,286
5107.11 of the Revised Code, as those sections existed 29,287
immediately prior to the effective date of this act, regarding 29,288
erroneous and fraudulent payments and improperly obtained aid; 29,289
(3) A federal statute or regulation, state law, or a rule 29,292
adopted by the Department regarding disqualifications, sanctions, 29,293
and warnings for failure to satisfy a requirement for aid under 29,294
Chapter 5107. of the Revised Code.
(B) A determination that a person was eligible for aid 29,296
under Chapter 5107. of the Revised Code that was made prior to 29,297
the effective date of this act does not authorize automatic 29,298
continued eligibility for aid under that chapter. The person 29,299
must satisfy the requirements for eligibility established for the 29,301
Ohio Works First Program.
Section 4. A rule adopted by the Department of Human 29,303
Services under Chapter 5101. or 5107. of the Revised Code or 29,304
pursuant to Executive Order 96-73V prior to the effective date of 29,305
this act remains valid and enforceable until repealed by the 29,306
Department notwithstanding the abolition of the Aid to Dependent 29,307
Children Program and the Job Opportunities and Basic Skills 29,308
Training Program and creation of the Ohio Works First Program. 29,309
No later than July 1, 1998, the Department shall, to the 29,311
680
extent allowable under rule making authority, conduct a review 29,312
and repeal all rules that, as a result of enactment of this act, 29,313
are no longer applicable to the administration of the 29,314
Department's programs. 29,315
Section 5. The elimination of the Aid to Dependent 29,317
Children Program and replacement of the program authorized by 29,318
Executive Order 96-73V with the Ohio Works First Program does not 29,319
bar a county department of human services from doing either of 29,321
the following:
(A) Making determinations of whether erroneous payments 29,323
were made under either program and taking action to recover 29,324
erroneous payments pursuant to section 5107.76 of the Revised 29,325
Code;
(B) Pursuant to section 5107.17 of the Revised Code, 29,327
denying eligibility to participate in the Ohio Works First 29,328
Program to an assistance group that received a fraudulent payment 29,329
under the Aid to Dependent Children Program or the program 29,330
authorized by Executive Order 96-73V and has not repaid the 29,331
fraudulent payment. 29,332
Section 6. The right of subrogation for the cost of 29,334
medical services and care given under section 5101.58, an 29,335
assignment of the right to medical support given under section 29,336
5101.59, and an assignment of the right to support from another 29,337
person given under section 5107.07 (5107.25) of the Revised Code 29,338
to the Department of Human Services or a county department of 29,339
human services prior to the effective date of this act continues 29,340
in force to the extent those sections provide, notwithstanding 29,341
the elimination of the Aid to Dependent Children Program and the 29,342
program authorized by Executive Order 96-73V and creation of the 29,343
Ohio Works First Program. 29,344
Section 7. Aid provided under the former Aid to Dependent 29,346
Children Program and program authorized by Executive Order 96-73V 29,347
continues to be inalienable whether by way of assignment, charge, 29,349
or otherwise and exempt from execution, attachment, garnishment, 29,350
681
and other like process notwithstanding the creation of the Ohio 29,351
Works First Program.
Section 8. In the case of a person receiving transitional 29,353
Medicaid under section 5111.023 of the Revised Code or 29,354
transitional publicly funded child day-care under division (A)(3) 29,356
of section 5104.34 of the Revised Code on the effective date of 29,357
this act, the number of months the person received the 29,358
transitional Medicaid and day-care prior to the effective date of 29,359
this act shall be applied to the maximum number of months the 29,360
person may receive transitional Medicaid and transitional 29,361
day-care for the current duration of eligibility. 29,362
Section 9. The Department of Human Services shall continue 29,364
to operate the federal waiver that former section 5101.09 of the 29,365
Revised Code required the Department to seek regarding the former 29,367
Job Opportunities and Basic Skills Training Program. The
Department shall continue to operate the federal waiver in 29,368
accordance with the terms of the waiver and until the waiver 29,369
expires for the purpose of allowing county departments of human 29,370
services to assign participants of the Work Component of the Ohio 29,372
Works First Program to work activities established pursuant to 29,373
section 5107.58 of the Revised Code.
Section 10. Whenever the Aid to Dependent Children Program 29,375
is referred to in the Ohio Administrative Code, a contract, or 29,376
other document, the reference is hereby deemed to refer to the 29,377
Ohio Works First Program established under Chapter 5107. of the 29,378
Revised Code unless the context of the reference demands that it 29,379
mean the former Aid to Families with Dependent Children Program, 29,380
known in Ohio as Aid to Dependent Children, that the Personal 29,381
Responsibility and Work Opportunity Reconciliation Act of 1996 29,382
(Public Law 104-193) abolished. 29,383
Section 11. The Department of Human Services may adopt 29,385
rules in accordance with Chapter 119. of the Revised Code 29,386
governing the transition from providing aid under the Aid to 29,387
Dependent Children Program and the program authorized by 29,388
682
Executive Order 96-73V to providing assistance under the Ohio 29,389
Works First Program. 29,390
Section 12. If the evaluation report on the Learnfare 29,392
Program operated for three years in Allen and Shelby Counties has 29,394
not been completed on or before the effective date of this act, 29,395
the Department shall complete the report according to the 29,396
schedule specified in division (D) of section 5107.18 (5107.35) 29,397
of the Revised Code as that division existed immediately prior to 29,398
the effective date of this act. 29,399
Section 13. The Department of Human Services shall index 29,401
and provide a copy of all provisions of this act that are 29,402
necessary to assist a county in fulfilling its responsibilities 29,403
under this act to each county department of human services. 29,404
Section 14. No later than July 1, 1998, the Department of 29,406
Human Services shall, in consultation with representatives of 29,407
county departments of human services and child day-care providers 29,408
and advocates, conduct a review of all rules governing the 29,409
certification of type B family day-care homes and shall repeal or 29,411
simplify the rules to provide flexibility to county departments 29,412
of human services in certifying type B homes.
Section 15. No later than January 1, 1998, the Department 29,414
of Human Services shall, in consultation with boards of county 29,415
commissioners, develop a technology enablement plan. The plan 29,416
shall include an outline of an information technology strategy 29,417
that addresses the following: prioritization of needed 29,418
short-term management information changes to the current 29,419
technology system; an outline of how independent technology 29,420
systems will interface to support reporting needs; a listing of 29,421
needed adaptations to operate simultaneous administration of 29,422
current and new human services programs in order to fulfill 29,423
reporting requirements; and long-term changes required to the 29,424
current information technology system necessary for the 29,425
implementation of initiatives of this act. 29,426
Section 16. The Director of Human Services shall convene a 29,428
683
group composed of the Directors of Transportation, Mental 29,429
Retardation and Developmental Disabilities, and Development, the 29,431
Administrator of the Ohio Bureau of Employment Services, a 29,432
representative of regional transit authorities established 29,433
pursuant to sections 306.30 to 306.53 of the Revised Code, a
representative of the County Commissioners Association of Ohio, a 29,434
representative of the Ohio Rideshare Agency, and a representative 29,436
of the Rehabilitation Services Commission to conduct a review of 29,437
current state transportation resources and policies and consider 29,438
new transportation coordination initiatives to support local 29,439
community efforts in the design of local transportation solutions 29,441
for underemployed and unemployed Ohioans. The group also shall 29,442
review economic development issues related to underemployed and 29,443
unemployed Ohioans. The group shall report its findings and 29,444
recommendations to the Speaker and minority leader of the House 29,445
of Representatives and the President and minority leader of the 29,446
Senate no later than January 1, 1998. 29,448
Section 17. The Director of Transportation shall apply for 29,450
federal funds that are or may become available under the 29,451
Intermodal Surface Transportation Efficiency Act of 1991, P.L. 29,452
102-240, as amended, for transportation services for participants 29,453
of the Ohio Works First Program. 29,454
Section 18. The Department of Administrative Services 29,456
shall develop a statewide, coordinated campaign to encourage 29,457
private and government employers to hire participants of the Ohio 29,458
Works First Program established under Chapter 5107. of the 29,459
Revised Code. As part of the campaign, the Department shall 29,460
promote the Subsidized Employment Program established under 29,461
section 5107.52 of the Revised Code. The Department shall adopt 29,462
rules in accordance with Chapter 119. of the Revised Code 29,463
regarding the campaign. 29,464
Section 19. There is hereby created the Confidentiality 29,467
Study Committee, consisting of six members as follows: three 29,468
members of the House of Representatives appointed by the Speaker 29,469
684
of the House, and three members of the Senate appointed by the 29,470
President of the Senate; with no more than two members appointed 29,471
from each house being from the same party. Appointments to the 29,472
committee shall be made no later than December 1, 1997. 29,473
Vacancies shall be filled in the manner provided for original 29,474
appointments.
The Committee shall study the confidentiality requirements 29,477
pertaining to the handling of and access to official records of 29,478
county social service agencies. The Committee shall make a 29,479
report of its findings and legislative and administrative
recommendations to the Speaker of the House of Representatives, 29,481
the President of the Senate, both minority leaders, and the 29,482
Department of Human Services no later than October 1, 1998. At 29,483
the time the report is issued, the Committee shall cease to 29,484
exist.
Section 20. Of the amount appropriated for the Ohio Works 29,487
First Program that is not used due to caseload reductions, the 29,488
Department of Human Services shall allocate up to five million 29,489
dollars in fiscal year 1998 and five million dollars in fiscal 29,490
year 1999 to county departments of human services for the purpose 29,491
of enhancing transportation services to participants of the Work 29,492
Component of the Ohio Works First Program established under 29,493
Chapter 5107. of the Revised Code.
Section 21. Each county department of human services 29,495
shall, not later than November 1, 1997, notify the head of each 29,496
household that includes an assistance group participating in the 29,497
Ohio Works First Program of the changes made by this act that may 29,498
affect the assistance group.
Section 22. The Department of Human Services shall develop 29,500
a protocol that outlines how it will produce and make available 29,501
to the public state and county aggregate statistics on data 29,502
elements related to monitoring trends and outcomes of welfare 29,503
reform activities. The Department shall develop the protocol 29,504
with input from county representatives and academic researchers.
685
Section 23. The General Assembly recognizes that the lack 29,507
of affordable child day-care represents a significant barrier to 29,508
attaining self-sufficiency through employment. Subject to 29,509
available funds, it is the intent of the General Assembly to 29,510
continue on and after the effective date of this act to provide
publicly funded child day-care to eligible persons currently 29,511
receiving publicly funded child day-care. 29,513
Section 24. Section 5101.323 of the Revised Code, although 29,516
not presented in this act in all capital letters, is revived and 29,517
amended by this act. Section 5 of Am. Sub. S.B. 292 of the 121st 29,519
General Assembly repealed Section 3 of Am. Sub. S.B. 10 of the 29,520
119th General Assembly, which latter section repealed section 29,521
5101.323 of the Revised Code effective October 1, 1996. Section 29,522
5 of Am. Sub. S.B. 292, however, did not become effective until 29,523
November 6, 1996, after the repeal of section 5101.323 of the 29,524
Revised Code by Section 3 of Am. Sub. S.B. 10 had taken effect on 29,525
October 1, 1996. While legislative intent to retain section 29,526
5101.323 of the Revised Code is explicit in Section 5 of Am. Sub. 29,527
S.B. 292, efficacy of the legislative intent is uncertain because 29,528
Ohio Constitution, Article II, Section 15(D) states that repealed 29,529
sections may not be revived "unless the new act contains the 29,530
entire act revived," and section 5101.323 is not set forth in its 29,531
entirety in Am. Sub. S.B. 292. This act, in confirmation of the 29,532
legislative intent stated in Section 5 of Am. Sub. S.B. 292, 29,533
revives section 5101.323 of the Revised Code by setting forth the 29,534
section in its entirety for purposes of amendment. 29,535
Section 25. Section 124.26 of the Revised Code is 29,537
presented in this act as a composite of the section as amended by 29,538
both Am. Sub. H.B. 177 and Am. Sub. S.B. 99 of the 121st General 29,539
Assembly, with the new language of neither of the acts shown in 29,541
capital letters. Section 127.16 of the Revised Code is presented 29,542
in this act as a composite of the section as amended by Am. H.B. 29,543
249, Am. Sub. S.B. 99, Am. Sub. S.B. 150, and Am. Sub. S.B. 162 29,544
of the 121st General Assembly, with the new language of none of 29,545
686
the acts shown in capital letters. Section 2151.011 of the 29,546
Revised Code is presented in this act as a composite of the 29,547
section as amended by Am. Sub. H.B. 124, Sub. H.B. 265, and Sub. 29,548
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 29,549
the Revised Code is presented in this act as a composite of the 29,551
section as amended by Sub. H.B. 274, Am. Sub. S.B. 269, and Sub. 29,552
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 29,553
the Revised Code is presented in this act as a composite of the 29,555
section as amended by both Sub. H.B. 377 and Am. Sub. S.B. 269 of 29,556
the 121st General Assembly, with the new language of neither of 29,558
the acts shown in capital letters. Section 2301.35 of the
Revised Code is presented in this act as a composite of the 29,560
section as amended by Sub. H.B. 274, Sub. H.B. 357, and Am. Sub. 29,561
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 29,562
the Revised Code is presented in this act as a composite of the 29,564
section as amended by both Sub. H.B. 644 and Am. Sub. S.B. 269 of 29,565
the 121st General Assembly, with the new language of neither of 29,566
the acts shown in capital letters. Section 3113.21 of the 29,567
Revised Code is presented in this act as a composite of the 29,568
section as amended by both Sub. H.B. 274 and Am. Sub. S.B. 292 of 29,569
the 121st General Assembly, with the new language of neither of 29,571
the acts shown in capital letters. Section 4115.04 of the 29,572
Revised Code is presented in this act as a composite of the 29,573
section as amended by both Sub. H.B. 167 and Am. Sub. S.B. 162 of 29,574
the 121st General Assembly, with the new language of neither of 29,576
the acts shown in capital letters. Section 5101.54 of the
Revised Code is presented in this act as a composite of the 29,578
section as amended by both Sub. H.B. 167 and Am. Sub. S.B. 162 of 29,579
the 121st General Assembly, with the new language of neither of 29,581
the acts shown in capital letters. Section 5153.111 of the
Revised Code is presented in this act as a composite of the 29,583
687
section as amended by both Am. Sub. H.B. 445 and Am. Sub. S.B. 29,584
269 of the 121st General Assembly, with the new language of 29,585
neither of the acts shown in capital letters. Section 5709.64 of 29,586
the Revised Code is presented in this act as a composite of the 29,588
section as amended by both Am. Sub. S.B. 19 of the 120th General 29,589
Assembly and Am. H.B. 249 of the 121st General Assembly, with the 29,590
new language of neither of the acts shown in capital letters. 29,591
Section 5709.66 of the Revised Code is presented in this act as a 29,593
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 29,594
the new language of none of the acts shown in capital letters. 29,595
This is in recognition of the principle stated in division (B) of 29,596
section 1.52 of the Revised Code that such amendments are to be 29,597
harmonized where not substantively irreconcilable and constitutes 29,598
a legislative finding that such is the resulting version in 29,599
effect prior to the effective date of this act. 29,600
Section 26. Sections 1 to 25 of this act shall take effect 29,602
October 1, 1997. 29,603