As Passed by the Senate 1
122nd General Assembly 4
Regular Session Sub. H. B. No. 446 5
1997-1998 6
REPRESENTATIVES WILLIAMS-GARCIA-TERWILLEGER-TIBERI-FORD-PRINGLE- 8
WINKLER-JONES-GARDNER-KASPUTIS-SALERNO-HARRIS-VESPER- 9
BRADING-MYERS-O'BRIEN-ROBERTS-SENATORS CARNES-KEARNS- 10
HOWARD-GAETH-DRAKE-SCHAFRATH-GARDNER-WATTS-CUPP 11
13
A B I L L
To amend sections 2101.01, 2101.11, 2151.86, 15
3107.012, 3107.12, and 3107.14; to enact section 16
3107.141 of the Revised Code; and to amend
Section 67.05 of Am. Sub. H.B. 215 of the 122nd 17
General Assembly to revise the law regarding 18
adoption assessors, prefinalization assessments,
and rehabilitation standards a person with a 19
criminal background must meet to become an 20
adoptive or foster parent, and the Department of 21
Human Services' contracting with a vendor to
develop a statewide automated child welfare 22
information system.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 23
Section 1. That sections 2101.01, 2101.11, 2151.86, 25
3107.012, 3107.12, and 3107.14 be amended and section 3107.141 of 26
the Revised Code be enacted to read as follows: 27
Sec. 2101.01. A probate division of the court of common 36
pleas shall be held at the county seat in each county in an 37
office furnished by the board of county commissioners, in which 38
the books, records, and papers pertaining to the probate division 39
shall be deposited and safely kept by the probate judge. The 40
board shall provide suitable cases or other necessary items for 41
the safekeeping and preservation of the books, records, and 42
2
papers of the court and shall furnish any blankbooks, blanks, and 44
stationery, and any machines, equipment, and materials for the 45
keeping or examining of records, that the probate judge requires 46
in the discharge of official duties. The board also shall 47
authorize expenditures for accountants, financial consultants, 48
and other agents required for auditing or financial consulting by 49
the probate division whenever the probate judge considers these 50
services and expenditures necessary for the efficient performance 51
of the division's duties. The probate judge shall employ and 52
supervise all clerks, deputies, magistrates, and other employees 53
of the probate division. The probate judge shall supervise all 55
probate court investigators AND ASSESSORS in the performance of 56
their duties as investigators AND ASSESSORS and shall employ, 57
appoint, or designate all probate court investigators AND 58
ASSESSORS in the manner described in division DIVISIONS (A)(2) 60
AND (3) of section 2101.11 of the Revised Code. 62
As used in the Revised Code, "probate court" means the 64
probate division of the court of common pleas, and "probate 65
judge" means the judge of the court of common pleas who is judge 66
of the probate division. All pleadings, forms, journals, and 67
other records filed or used in the probate division shall be 68
entitled "In the Court of Common Pleas, Probate Division," but 69
are not defective if entitled "In the Probate Court." 70
Sec. 2101.11. (A)(1) The probate judge shall have the 79
care and custody of the files, papers, books, and records 80
belonging to the probate court. He THE PROBATE JUDGE is 81
authorized to perform the duties of clerk of his own THE JUDGE'S 83
court. He THE PROBATE JUDGE may appoint deputy clerks, 84
stenographers, a bailiff, and any other necessary employees, each 85
of whom shall take an oath of office before entering upon the 86
duties of his THE EMPLOYEE'S appointment and, when so qualified, 87
may perform the duties appertaining to the office of clerk of the 89
court.
(2)(a) The probate judge shall provide for one or more 91
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probate court investigators to perform the duties that are 92
established for a probate court investigator by the Revised Code 93
or the probate judge. The probate judge may provide for an 94
investigator in any of the following manners, as the court 95
determines is appropriate: 96
(i) By appointing a person as a full-time or part-time 98
employee of the probate court to serve as investigator, or by 99
designating a current full-time or part-time employee of the 100
probate court to serve as investigator; 101
(ii) By contracting with a person to serve and be 103
compensated as investigator only when needed by the probate 104
court, as determined by the court, and by designating that person 105
as a probate court investigator during the times when the person 106
is performing the duties of an investigator for the court; 107
(iii) By entering into an agreement with another 109
department or agency of the county, including, but not limited 110
to, the sheriff's department or the county department of human 111
services, pursuant to which an employee of the other department 112
or agency will serve and perform the duties of investigator for 113
the court, upon request of the probate judge, and designating 114
that employee as a probate court investigator during the times 115
when the person is performing the duties of an investigator for 116
the court. 117
(b) Each person appointed or otherwise designated as a 119
probate court investigator shall take an oath of office before 120
entering upon the duties of his THE PERSON'S appointment. When 121
so qualified, an investigator may perform the duties that are 123
established for a probate court investigator by the Revised Code 124
or the probate judge. 125
(c) Except as otherwise provided in this division, a 127
probate court investigator shall hold at least a bachelor's 128
degree in social work, psychology, education, special education, 129
or a related human services field. A probate judge may waive the 130
education requirement of this division for a person the judge 131
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appoints or otherwise designates as a probate court investigator 132
if the judge determines that the person has experience in human 133
services work that is equivalent to the required education. 134
(d) Within one year after his appointment or designation, 136
a probate court investigator shall attend an orientation course 137
of at least six hours, and each calendar year after the calendar 138
year of his appointment or designation, a probate court 139
investigator shall satisfactorily complete at least six hours of 140
continuing education. 141
(e) For purposes of divisions (A)(3)(4), (B), and (C) of 143
this section, a person designated as a probate court investigator 144
under division (A)(2)(a)(ii) or (iii) of this section shall be 145
considered an appointee of the probate court at any time that the 146
person is performing the duties established under the Revised 147
Code or by the probate judge for a probate court investigator. 148
(3)(a) THE PROBATE JUDGE MAY PROVIDE FOR ONE OR MORE 150
PERSONS TO PERFORM THE DUTIES OF AN ASSESSOR UNDER SECTIONS 151
3107.031, 3107.082, 3107.09, AND 3107.12 OF THE REVISED CODE OR 154
MAY ENTER INTO AGREEMENTS WITH PUBLIC CHILDREN SERVICES AGENCIES, 155
PRIVATE CHILD PLACING AGENCIES, OR PRIVATE NONCUSTODIAL AGENCIES 156
UNDER WHICH THE AGENCY PROVIDES FOR ONE OR MORE PERSONS TO 157
PERFORM THE DUTIES OF AN ASSESSOR. A PROBATE JUDGE WHO PROVIDES 158
FOR AN ASSESSOR SHALL DO SO IN EITHER OF THE FOLLOWING MANNERS, 160
AS THE JUDGE CONSIDERS APPROPRIATE:
(i) BY APPOINTING A PERSON AS A FULL-TIME OR PART-TIME 163
EMPLOYEE OF THE PROBATE COURT TO SERVE AS ASSESSOR, OR BY 164
DESIGNATING A CURRENT FULL-TIME OR PART-TIME EMPLOYEE OF THE
PROBATE COURT TO SERVE AS ASSESSOR; 165
(ii) BY CONTRACTING WITH A PERSON TO SERVE AND BE 167
COMPENSATED AS ASSESSOR ONLY WHEN NEEDED BY THE PROBATE COURT, AS 169
DETERMINED BY THE COURT, AND BY DESIGNATING THAT PERSON AS AN
ASSESSOR DURING THE TIMES WHEN THE PERSON IS PERFORMING THE 170
DUTIES OF AN ASSESSOR FOR THE COURT. 171
(b) EACH PERSON APPOINTED OR DESIGNATED AS A PROBATE COURT 174
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ASSESSOR SHALL TAKE AN OATH OF OFFICE BEFORE ENTERING ON THE 175
DUTIES OF THE PERSON'S APPOINTMENT.
(c) A PROBATE COURT ASSESSOR MUST MEET THE QUALIFICATIONS 178
FOR AN ASSESSOR ESTABLISHED BY SECTION 3107.012 OF THE REVISED 180
CODE.
(d) A PROBATE COURT ASSESSOR SHALL PERFORM ADDITIONAL 183
DUTIES, INCLUDING DUTIES OF AN INVESTIGATOR UNDER DIVISION (A)(2) 184
OF THIS SECTION, WHEN THE PROBATE JUDGE ASSIGNS ADDITIONAL DUTIES 185
TO THE ASSESSOR. 186
(e) FOR PURPOSES OF DIVISIONS (A)(4), (B), AND (C) OF THIS 191
SECTION, A PERSON DESIGNATED AS A PROBATE COURT ASSESSOR SHALL BE 192
CONSIDERED AN APPOINTEE OF THE PROBATE COURT AT ANY TIME THAT THE 193
PERSON IS PERFORMING ASSESSOR DUTIES. 194
(4) Each appointee of the probate judge may administer 196
oaths in all cases when necessary, in the discharge of his 197
OFFICIAL duties. 198
(B)(1)(a) Subject to the appropriation made by the board 200
of county commissioners pursuant to this division, each appointee 201
of a probate judge under division (A) of this section shall 202
receive such compensation and expenses as the judge determines 203
and shall serve during the pleasure of the judge. The 204
compensation of each appointee shall be paid in semimonthly 205
installments by the county treasurer from the county treasury, 206
upon the warrants of the county auditor, certified to by the 207
judge. 208
(b) Except as otherwise provided in the Revised Code, the 210
total compensation paid to all appointees of the probate judge in 211
any calendar year shall not exceed the total fees earned by the 212
probate court during the preceding calendar year, unless the 213
board of county commissioners approves otherwise. 214
(2) The probate judge annually shall submit a written 216
request for an appropriation to the board of county commissioners 217
that shall set forth estimated administrative expenses of the 218
court, including the salaries of appointees as determined by the 219
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judge and any other costs, fees, and expenses, including, but not 220
limited to, those enumerated in section 5123.96 of the Revised 221
Code, that the judge considers reasonably necessary for the 222
operation of the court. The board shall conduct a public hearing 223
with respect to the written request submitted by the judge and 224
shall appropriate such sum of money each year as it determines, 225
after conducting the public hearing and considering the written 226
request of the judge, is reasonably necessary to meet all the 227
administrative expenses of the court, including the salaries of 228
appointees as determined by the judge and any other costs, fees, 229
and expenses, including, but not limited to, the costs, fees, and 230
expenses enumerated in section 5123.96 of the Revised Code. 231
If the judge considers the appropriation made by the board 233
pursuant to this division insufficient to meet all the 234
administrative expenses of the court, he THE JUDGE shall commence 236
an action under Chapter 2731. of the Revised Code in the court of 237
appeals for the judicial district for a determination of the duty 238
of the board of county commissioners to appropriate the amount of 239
money in dispute. The court of appeals shall give priority to 240
the action filed by the probate judge over all cases pending on 241
its docket. The burden shall be on the probate judge to prove 242
that the appropriation requested is reasonably necessary to meet 243
all administrative expenses of the court. If, prior to the 244
filing of an action under Chapter 2731. of the Revised Code or 245
during the pendency of the action, the judge exercises his THE 246
JUDGE'S contempt power in order to obtain the sum of money in 248
dispute, he THE JUDGE shall not order the imprisonment of any 250
member of the board of county commissioners notwithstanding 251
sections 2705.02 to 2705.06 of the Revised Code. 252
(C) The probate judge may require any of his THE JUDGE'S 254
appointees to give bond in the sum of not less than one thousand 256
dollars, conditioned for the honest and faithful performance of 257
his THE APPOINTEE'S duties. The sureties on the bonds shall be 259
approved in the manner provided in section 2101.03 of the Revised 260
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Code.
The judge is personally liable for the default, 262
malfeasance, or nonfeasance of any such appointee, but, if a bond 263
is required of the appointee, the liability of the judge is 264
limited to the amount by which the loss resulting from the 265
default, malfeasance, or nonfeasance exceeds the amount of the 266
bond. 267
All bonds required to be given in the probate court, on 269
being accepted and approved by the probate judge, shall be filed 270
in his THE JUDGE'S office. 271
Sec. 2151.86. (A)(1) The appointing or hiring officer of 281
any entity that employs any person responsible for a child's care 282
in out-of-home care shall request the superintendent of the 283
bureau of criminal identification and investigation to conduct a 284
criminal records check with respect to any applicant who has 285
applied to the entity for employment as a person responsible for 286
a child's care in out-of-home care. The administrative director 287
of any entity that designates a person as a prospective adoptive 288
parent or as a prospective foster parent shall request the 289
superintendent to conduct a criminal records check with respect 290
to that person. If the applicant, prospective adoptive parent, 291
or prospective foster parent does not present proof that the 292
applicant or prospective adoptive or foster parent has been a 293
resident of this state for the five-year period immediately prior 295
to the date upon which the criminal records check is requested or 296
does not provide evidence that within that five-year period the 297
superintendent has requested information about the applicant or 298
prospective adoptive or foster parent from the federal bureau of 299
investigation in a criminal records check, the appointing or 300
hiring officer or administrative director shall request that the 301
superintendent obtain information from the federal bureau of 302
investigation as a part of the criminal records check. If the 303
applicant, prospective adoptive parent, or prospective foster 304
parent presents proof that the applicant or prospective adoptive 305
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or foster parent has been a resident of this state for that 306
five-year period, the appointing or hiring officer or 307
administrator may request that the superintendent include 308
information from the federal bureau of investigation in the 309
criminal records check.
(2) Any person required by division (A)(1) of this section 311
to request a criminal records check shall provide to each 312
applicant, prospective adoptive parent, or prospective foster 313
parent a copy of the form prescribed pursuant to division (C)(1) 314
of section 109.572 of the Revised Code and a standard impression 315
sheet to obtain fingerprint impressions prescribed pursuant to 316
division (C)(2) of section 109.572 of the Revised Code, obtain 317
the completed form and impression sheet from each applicant, 318
prospective adoptive parent, or prospective foster parent, and 319
forward the completed form and impression sheet to the 320
superintendent of the bureau of criminal identification and 321
investigation at the time the person requests a criminal records 322
check pursuant to division (A)(1) of this section. 323
(3) Any applicant, prospective adoptive parent, or 325
prospective foster parent who receives pursuant to division 326
(A)(2) of this section a copy of the form prescribed pursuant to 327
division (C)(1) of section 109.572 of the Revised Code and a copy 328
of an impression sheet prescribed pursuant to division (C)(2) of 329
that section and who is requested to complete the form and 330
provide a set of fingerprint impressions shall complete the form 331
or provide all the information necessary to complete the form and 332
shall provide the impression sheet with the impressions of the 333
applicant's or prospective adoptive or foster parent's 334
fingerprints. If an applicant, prospective adoptive parent, or 335
prospective foster parent, upon request, fails to provide the 336
information necessary to complete the form or fails to provide 337
impressions of the applicant's or prospective adoptive or foster 338
parent's fingerprints, the entity shall not employ that applicant 339
for any position for which a criminal records check is required 341
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by division (A)(1) of this section and shall not consider the 342
prospective adoptive parent or prospective foster parent as an 343
adoptive parent or foster parent.
(B)(1) Except as provided in rules adopted by the 345
department of human services in accordance with division (E) of 346
this section, no NO entity shall employ a person as a person 347
responsible for a child's care in out-of-home care or permit a 348
person to become an adoptive parent or foster parent if the 349
person previously has been convicted of or pleaded guilty to any 350
of the following, UNLESS THE PERSON MEETS REHABILITATION 351
STANDARDS ESTABLISHED IN RULES ADOPTED UNDER DIVISION (E) OF THIS 352
SECTION:
(a) A violation of section 2903.01, 2903.02, 2903.03, 354
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34, 355
2905.01, 2905.02, 2905.05, 2907.02, 2907.03, 2907.04, 2907.05, 357
2907.06, 2907.07, 2907.08, 2907.09, 2907.21, 2907.22, 2907.23, 358
2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323, 2911.01, 359
2911.02, 2911.11, 2911.12, 2919.12, 2919.22, 2919.24, 2919.25, 360
2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.04, 2925.05, 361
2925.06, or 3716.11 of the Revised Code, a violation of section 362
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 363
have been a violation of section 2905.04 of the Revised Code as 364
it existed prior to July 1, 1996, had the violation been 365
committed prior to that date,, a violation of section 2925.11 of 366
the Revised Code that is not a minor drug possession offense, or 367
felonious sexual penetration in violation of former section 368
2907.12 of the Revised Code;
(b) A violation of an existing or former law of this 370
state, any other state, or the United States that is 371
substantially equivalent to any of the offenses described in 372
division (B)(1)(a) of this section.
(2) An out-of-home care entity may employ an applicant 374
conditionally until the criminal records check required by this 375
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section is completed and the entity receives the results of the 376
criminal records check. If the results of the criminal records 377
check indicate that, pursuant to division (B)(1) of this section, 378
the applicant does not qualify for employment, the entity shall 379
release the applicant from employment. 380
(C)(1) The out-of-home care entity shall pay to the bureau 382
of criminal identification and investigation the fee prescribed 383
pursuant to division (C)(3) of section 109.572 of the Revised 384
Code for each criminal records check conducted in accordance with 385
that section upon a request pursuant to division (A)(1) of this 386
section. 387
(2) An out-of-home care entity may charge an applicant, 389
prospective adoptive parent, or prospective foster parent a fee 390
for the costs it incurs in obtaining a criminal records check 391
under this section. A fee charged under this division shall not 392
exceed the amount of fees the entity pays under division (C)(1) 393
of this section. If a fee is charged under this division, the 394
entity shall notify the applicant, prospective adoptive parent, 395
or prospective foster parent at the time of the person's initial 396
application for employment or for becoming an adoptive parent or 397
foster parent of the amount of the fee and that, unless the fee 398
is paid, the entity will not consider the person for employment 400
or as an adoptive parent or foster parent. 401
(D) The report of any criminal records check conducted by 403
the bureau of criminal identification and investigation in 404
accordance with section 109.572 of the Revised Code and pursuant 405
to a request made under division (A)(1) of this section is not a 406
public record for the purposes of section 149.43 of the Revised 407
Code and shall not be made available to any person other than the 408
applicant, prospective adoptive parent, or prospective foster 409
parent who is the subject of the criminal records check or the 410
applicant's or prospective adoptive or foster parent's 411
representative; the entity requesting the criminal records check 412
or its representative; the state department of human services or 413
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a county department of human services; and any court, hearing 414
officer, or other necessary individual involved in a case dealing 415
with the denial of employment to the applicant or the denial of 416
consideration as an adoptive parent or foster parent. 417
(E) The department of human services shall adopt rules 419
pursuant to Chapter 119. of the Revised Code to implement this 420
section, including. THE rules specifying circumstances under 422
which an out-of-home care entity may hire SHALL INCLUDE 423
REHABILITATION STANDARDS a person who has been convicted of OR 425
PLEADED GUILTY TO an offense listed in division (B)(1) of this
section but who meets standards in regard to rehabilitation set 427
by the department MUST MEET FOR AN ENTITY TO EMPLOY THE PERSON AS 428
A PERSON RESPONSIBLE FOR A CHILD'S CARE IN OUT-OF-HOME CARE OR 429
PERMIT THE PERSON TO BECOME AN ADOPTIVE PARENT OR FOSTER PARENT. 430
(F) Any person required by division (A)(1) of this section 432
to request a criminal records check shall inform each person, at 433
the time of the person's initial application for employment with 434
an entity as a person responsible for a child's care in 435
out-of-home care or the person's initial application for becoming 436
an adoptive parent or foster parent, that the person is required 437
to provide a set of impressions of the person's fingerprints and 438
that a criminal records check is required to be conducted and 439
satisfactorily completed in accordance with section 109.572 of 440
the Revised Code if the person comes under final consideration 441
for appointment or employment as a precondition to employment for 442
that position or if the person is to be given final consideration 443
as an adoptive parent or foster parent.
(G) As used in this section: 445
(1) "Applicant" means a person who is under final 447
consideration for appointment or employment as a person 448
responsible for a child's care in out-of-home care. 449
(2) "Person responsible for a child's care in out-of-home 451
care" has the same meaning as in section 2151.011 of the Revised 452
Code, except that it does not include a prospective employee of 453
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the department of youth services or a person responsible for a 454
child's care in a hospital or medical clinic other than a 455
children's hospital. 456
(3) "Children's hospital" means any of the following: 458
(a) A hospital registered under section 3701.07 of the 460
Revised Code that provides general pediatric medical and surgical 461
care, and in which at least seventy-five per cent of annual 462
inpatient discharges for the preceding two calendar years were 463
individuals less than eighteen years of age; 464
(b) A distinct portion of a hospital registered under 466
section 3701.07 of the Revised Code that provides general 467
pediatric medical and surgical care, has a total of at least one 468
hundred fifty registered pediatric special care and pediatric 469
acute care beds, and in which at least seventy-five per cent of 470
annual inpatient discharges for the preceding two calendar years 471
were individuals less than eighteen years of age; 472
(c) A distinct portion of a hospital, if the hospital is 474
registered under section 3701.07 of the Revised Code as a 475
children's hospital and the children's hospital meets all the 476
requirements of division (G)(3)(a) of this section. 477
(4) "Criminal records check" has the same meaning as in 479
section 109.572 of the Revised Code. 480
(5) "Minor drug possession offense" has the same meaning 482
as in section 2925.01 of the Revised Code. 483
Sec. 3107.012. (A) Except as provided in division (B) of 493
this section, only an individual who meets all of the following 494
requirements may perform the duties of an assessor under sections 495
3107.031, 3107.082, 3107.09, 3107.12, and 5103.152 of the Revised 496
Code:
(1) The individual must be employed IN THE EMPLOY OF, 498
APPOINTED by, or under contract with a COURT, public children 500
services agency, private child placing agency, or private
noncustodial agency; 501
(2) The individual must be one of the following: 503
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(a) A professional counselor or social worker licensed 505
under Chapter 4757. of the Revised Code; 506
(b) A psychologist licensed under Chapter 4732. of the 508
Revised Code;
(c) A student working to earn a post-secondary degree who 511
conducts assessor's duties under the supervision of a
professional counselor or social worker licensed under Chapter 513
4757. of the Revised Code or a psychologist licensed under
Chapter 4732. of the Revised Code; 514
(d) A civil service employee engaging in social work 516
without a license under Chapter 4757. of the Revised Code, as 517
permitted by division (E)(A)(5) of section 4757.16 4757.41 of the 518
Revised Code. 519
(3) The individual must complete education programs in 521
accordance with rules adopted under section 3107.013 of the 522
Revised Code.
(B) An individual employed IN THE EMPLOY OF, APPOINTED by, 525
OR UNDER CONTRACT WITH a court prior to the effective date of 527
this section SEPTEMBER 18, 1996, to conduct home studies ADOPTION 528
INVESTIGATIONS of prospective adoptive parents may conduct home 529
studies PERFORM THE DUTIES OF AN ASSESSOR under section SECTIONS 530
3107.031, 3107.082, 3107.09, 3107.12, AND 5103.152 of the Revised 532
Code if the individual complies with division (A)(3) of this 533
section REGARDLESS OF WHETHER THE INDIVIDUAL MEETS THE 534
REQUIREMENT OF DIVISION (A)(2) OF THIS SECTION. 535
(C) A COURT, PUBLIC CHILDREN SERVICES AGENCY, PRIVATE 538
CHILD PLACING AGENCY, OR PRIVATE NONCUSTODIAL AGENCY MAY EMPLOY, 539
APPOINT, OR CONTRACT WITH AN ASSESSOR IN THE COUNTY IN WHICH A
PETITION FOR ADOPTION IS FILED AND IN ANY OTHER COUNTY OR 540
LOCATION OUTSIDE THIS STATE WHERE INFORMATION NEEDED TO COMPLETE 541
OR SUPPLEMENT THE ASSESSOR'S DUTIES MAY BE OBTAINED. MORE THAN 542
ONE ASSESSOR MAY BE UTILIZED FOR AN ADOPTION. 543
Sec. 3107.12. An (A) EXCEPT AS PROVIDED IN DIVISION (B) 553
OF THIS SECTION, AN assessor shall conduct a prefinalization
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assessment of a minor and petitioner before a court issues a 556
final decree of adoption or finalizes an interlocutory order of
adoption for the minor. On completion of the assessment, the 557
assessor shall prepare a written report of the assessment and 558
provide a copy of the report to the court before which the 559
adoption petition is pending.
The report of a prefinalization assessment shall include 561
all of the following: 562
(A)(1) The adjustment of the minor and the petitioner to 565
the adoptive placement;
(B)(2) The present and anticipated needs of the minor and 567
the petitioner, as determined by a review of the minor's medical 568
and social history, for adoption-related services, including 569
assistance under Title IV-E of the "Social Security Act," 94 570
Stat. 501 (1980), 42 U.S.C.A. 670, as amended, or section 571
5153.163 of the Revised Code and counseling, case management 572
services, crisis services, diagnostic services, and therapeutic 573
counseling.
(C)(3) The physical, mental, and developmental condition 576
of the minor;
(D)(4) If known, the minor's biological family background, 579
including identifying information about the biological or other 580
legal parents;
(E)(5) The reasons for the minor's placement with the 583
petitioner, the petitioner's attitude toward the proposed
adoption, and the circumstances under which the minor was placed 584
in the home of the petitioner; 585
(F)(6) The attitude of the minor toward the proposed 588
adoption, if the minor's age makes this feasible;
(G)(7) If the minor is an Indian child, as defined in 25 590
U.S.C.A. 1903(4), how the placement complies with the "Indian 591
Child Welfare Act of 1978," 92 Stat. 3069, 25 U.S.C.A. 1901, as 592
amended.
The assessor shall file the prefinalization report with the 594
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court not later than twenty days prior to the date scheduled for 595
the final hearing on the adoption unless the court determines 596
there is good cause for filing the report at a later date. 597
(B) THIS SECTION DOES NOT APPLY IF THE PETITIONER IS THE 600
MINOR'S STEPPARENT, UNLESS A COURT, AFTER DETERMINING A
PREFINALIZATION ASSESSMENT IS IN THE BEST INTEREST OF THE MINOR, 601
ORDERS THAT AN ASSESSOR CONDUCT A PREFINALIZATION ASSESSMENT. 602
(C) The department of human services shall adopt rules in 604
accordance with Chapter 119. of the Revised Code defining 606
"counseling," "case management services," "crisis services," 607
"diagnostic services," and "therapeutic counseling" for the 608
purpose of this section.
Sec. 3107.14. (A) The petitioner and the person sought to 617
be adopted shall appear at the hearing on the petition, unless 618
the presence of either is excused by the court for good cause 619
shown. 620
(B) The court may continue the hearing from time to time 622
to permit further observation, investigation, or consideration of 623
any facts or circumstances affecting the granting of the 624
petition, and may examine the petitioners separate and apart from 625
each other. 626
(C) If, at the conclusion of the hearing, the court finds 628
that the required consents have been obtained or excused and that 629
the adoption is in the best interest of the person sought to be 630
adopted as supported by the evidence, it may issue, subject to 631
DIVISION (B)(1) OF SECTION 2151.86, section 3107.064, AND 633
division (E) of section 3107.09 of the Revised Code, and any 634
other limitations specified in this chapter, a final decree of 635
adoption or an interlocutory order of adoption, which by its own 637
terms automatically becomes a final decree of adoption on a date 638
specified in the order, which, except as provided in division (B) 639
of section 3107.13 of the Revised Code, shall not be less than 641
six months or more than one year from the date of issuance of the 642
order, unless sooner vacated by the court for good cause shown. 643
16
In determining whether the adoption is in the best interest of 644
the person sought to be adopted, the court shall not consider the
age of the petitioner if the petitioner is old enough to adopt as 645
provided by section 3107.03 of the Revised Code. 646
In an interlocutory order of adoption, the court shall 648
provide for observation, investigation, and a further report on 649
the adoptive home during the interlocutory period. 650
(D) If the requirements for a decree under division (C) of 652
this section have not been satisfied or the court vacates an 653
interlocutory order of adoption, or if the court finds that a 654
person sought to be adopted was placed in the home of the 655
petitioner in violation of law, the court shall dismiss the 656
petition and may determine the agency or person to have temporary 657
or permanent custody of the person, which may include the agency 658
or person that had custody prior to the filing of the petition or 659
the petitioner, if the court finds it is in the best interest of 660
the person as supported by the evidence, or if the person is a 661
minor, the court may certify the case to the juvenile court of 662
the county where the minor is then residing for appropriate 663
action and disposition.
Sec. 3107.141. AFTER AN ASSESSOR FILES A HOME STUDY REPORT 666
UNDER SECTION 3107.031, A SOCIAL AND MEDICAL HISTORY UNDER 667
SECTION 3107.09, OR A PREFINALIZATION ASSESSMENT REPORT UNDER 668
SECTION 3107.12 OF THE REVISED CODE, OR THE DEPARTMENT OF HUMAN
SERVICES FILES A SOCIAL AND MEDICAL HISTORY UNDER SECTION 669
3107.091 OF THE REVISED CODE, A COURT MAY DO EITHER OR BOTH OF 672
THE FOLLOWING IF THE COURT DETERMINES THE REPORT OR HISTORY DOES 673
NOT COMPLY WITH THE REQUIREMENTS GOVERNING THE REPORT OR HISTORY 674
OR, IN THE CASE OF A HOME STUDY OR PREFINALIZATION ASSESSMENT 675
REPORT, DOES NOT ENABLE THE COURT TO DETERMINE WHETHER AN 676
ADOPTION IS IN THE BEST INTEREST OF THE MINOR TO BE ADOPTED: 677
(A) ORDER THE ASSESSOR OR DEPARTMENT TO REDO OR SUPPLEMENT 680
THE REPORT OR HISTORY IN A MANNER THE COURT DIRECTS; 681
(B) APPOINT A DIFFERENT ASSESSOR TO REDO OR SUPPLEMENT THE 684
17
REPORT OR HISTORY IN A MANNER THE COURT DIRECTS.
Section 2. That existing sections 2101.01, 2101.11, 686
2151.86, 3107.012, 3107.12, and 3107.14 of the Revised Code are 687
hereby repealed. 688
Section 3. Section 2151.86 of the Revised Code is 690
presented in this act as a composite of the section as amended by 691
both Am. Sub. H.B. 445 and Am. Sub. S.B. 269 of the 121st General 692
Assembly, with the new language of neither of the acts shown in 694
capital letters. This is in recognition of the principle stated 695
in division (B) of section 1.52 of the Revised Code that such 696
amendments are to be harmonized where not substantively 697
irreconcilable and constitutes a legislative finding that such is 698
the resulting version in effect prior to the effective date of 699
this act.
Section 4. That section 67.05 of Am. Sub. H.B. 215 of the 701
122nd General Assembly be amended to read as follows: 702
"Sec. 67.05. Transfer of Funds 704
The Ohio Department of Human Services shall transfer 706
through intrastate transfer vouchers, cash from State Special 707
Revenue Fund 4K1, ICF/MR Bed Assessments, to fund 4K8, Home and 708
Community-Based Services, in the Ohio Department of Mental 709
Retardation and Developmental Disabilities. The sum of the 710
transfers shall be equal to the amounts appropriated per fiscal 711
year in line item 322-604, Waiver - Match. The transfer may 712
occur on a quarterly basis or on a schedule developed and agreed
to by both Departments. 713
The Ohio Department of Human Services shall transfer, 715
through intrastate transfer voucners VOUCHERS, cash from the 716
State Special Revenue Fund 4J5, Home and Community-Based Services 717
for the Aged, to Fund 4J4, PASSPORT, in the Ohio Department of 718
Aging. The sum of the transfers shall be equal to the amount 719
appropriated per fiscal year in line item 490-610, 721
PASSPORT/Residential State Supplement. The transfer may occur on
a quarterly basis or on a schedule developed and agreed to by 722
18
both departments.
Day Care for Foster Parents 724
Of the foregoing appropriation item 400-527, Child 726
Protective Services, not more than $1,400,000 in fiscal year 1998 728
and not more than $1,400,000 in fiscal year 1999, may be used to 729
reimburse counties for child day care services purchased in 730
behalf of children in foster care. Such funds may be used as
matching funds for federal funds that may be available for this 731
purpose. The Department of Human Services shall adopt rules, in 732
accordance with section 111.15 of the Revised Code, establishing 733
reimbursement procedures and conditions to be followed by 734
counties.
Transfer from the Children's Trust Fund to the Wellness 736
Block Grant Fund
The Director of Budget and Management shall transfer 738
$1,000,000 in fiscal year 1998 and $1,000,000 in fiscal year 1999 739
from Fund 198, Children's Trust Fund, to Fund 4N7, Wellness Block 740
Grant, within the Department of Human Services' budget. 741
Foster Care Liability Coverage 743
On behalf of public children services agencies and in 745
consultation with the Department of Insurance and the Office of 746
State Purchasing, the Department of Human Services may seek and 747
accept proposals for a uniform and statewide insurance policy to 748
indemnify foster parents for personal injury and property damage 749
suffered by them due to the care of a foster child. Premiums for
such a policy shall be the sole responsibility of each public 750
children services agency that agrees to purchase the insurance 751
policy.
Protective Services Incentive Funding 753
Notwithstanding the formula in section 5101.14 of the 755
Revised Code, from the foregoing appropriation item 400-527, 756
Child Protective Services, the Department of Human Services may 757
use no more than $2 million in fiscal year 1999 as incentive 758
funding for public children services agencies to promote
19
innovative practice standards and efficiencies in service 759
delivery. The department shall develop a process for the release 760
of these funds and may adopt rules in accordance with section 761
111.15 of the Revised Code governing the distribution, release, 762
and use of these funds.
Day Care/Head Start Collaborations 764
The Department of Human Services and the county departments 766
of human services shall work to develop collaborative efforts 767
between Head Start and child care providers. The Department of 768
Human Services may use the foregoing appropriation items 400-413, 770
Day Care Match/Maintenance of Effort, and 400-617, Day Care
Federal, to support collaborative efforts between Head Start and 771
child day care centers. 772
Day Care Funding for Latchkey Children 774
The Department of Human Services shall use not less than 776
$5,000,000 in fiscal year 1998 and not less than $5,000,000 in 777
fiscal year 1999 of the Child Care Development Block Grant 778
moneys to support low-income families who need assistance in the 779
provision of before-school and after-school care for their 780
children. The Department of Human Services shall establish rules 781
determining eligibility for these dollars adopted in accordance 782
with section 111.15 of the Revised Code. 783
Evening and Night Time Child Care 785
When the Department of Human Services adopts rules 787
establishing a procedure for determining the rates of maximum 788
reimbursement for publicly funded child care, the department 789
shall adopt an enhanced rate to encourage the development of 790
child care for parent(s) who work nontraditional hours. 791
Human Services Staff Reduction 793
From staffing levels that existed on January 1, 1997, the 796
Department of Human Services is required to reduce its full-time
equivalent positions by 150 by July 1, 1999. At least 797
thirty-nine positions must be eliminated by January 1, 1998. The 798
remaining positions must be eliminated by July 1, 1999. 799
20
Child Protective Services Information System 801
(A) From the foregoing appropriation item 400-416, 803
Computer Projects, the Department of Human Services shall expend 804
at least $6,000,000 in fiscal year 1998 and at least $6,000,000 805
in fiscal year 1999 to implement a statewide automated child 806
welfare information system (SACWIS) to be used by the 88 county 808
public children service agencies. 809
These designated moneys shall be used to CONTRACT WITH A 811
VENDOR TO DEVELOP A STATEWIDE AUTOMATED CHILD WELFARE INFORMATION 812
SYSTEM (SACWIS) AND support the 88 county PUBLIC children 814
services agencies' implementation of a statewide automated child 815
welfare information system which is currently operational in 816
another state once Ohio's right to use the system has been 817
secured through THE SACWIS. THE DEPARTMENT SHALL SELECT A VENDOR 818
BY USING a competitively bid request for proposal process. FOR A 820
VENDOR TO BE ELIGIBLE TO CONTRACT WITH THE DEPARTMENT, ALL OF THE 821
FOLLOWING MUST APPLY:
(1) THE VENDOR MUST HAVE DEVELOPED A SACWIS FOR ANOTHER 824
STATE AND ASSISTED THAT STATE WITH THE SUCCESSFUL IMPLEMENTATION 825
OF THE SACWIS; 826
(2) THE VENDOR MUST BE ABLE TO DO EITHER OF THE FOLLOWING: 829
(a) REVISE THE SACWIS DEVELOPED FOR THE OTHER STATE TO 833
COMPLY WITH OHIO AND FEDERAL LAW AND SUCCESSFULLY INTERFACE WITH 834
THE SUPPORT ENFORCEMENT TRACKING SYSTEM (SETS) AND CLIENT 841
REGISTRY AND INFORMATION SYSTEM-ENHANCED (CRIS-E); 844
(b) DEVELOP A NEW SACWIS THAT COMPLIES WITH OHIO AND 848
FEDERAL LAW AND SUCCESSFULLY INTERFACES WITH SETS AND CRIS-E; 851
(3) THE VENDOR MUST BE ABLE TO HAVE THE SACWIS OPERATIONAL 854
IN ALL 88 PUBLIC CHILDREN SERVICES AGENCIES BY JUNE 30, 1999. 856
(A) If applicable, the (B) THE Department of Human 858
Services shall DO BOTH OF THE FOLLOWING: 859
(1) Make the necessary revisions to the transferred system 861
in order to enable the system to comply with Ohio law; 862
(2) Develop and distribute the revised software to the 88 864
21
county public children services agencies for their use; 865
(3) Provide training and system support for the county 867
employees who will use the system SACWIS; 868
(4)(2) Provide for the maintenance and general upkeep of 870
the system SACWIS. 871
(B) The system shall be operational in all 88 counties by 873
June 30, 1999; 874
(C) The system shall be designed to successfully interface 876
with the Support Enforcement Tracking System (SETS) and the 878
Client Registry and Information System-Enhanced (CRIS-E). 879
Adoption Assistance 881
Of the foregoing appropriation item 400-528, Title IV-E and 883
State Adoption Services, not more than $3,700,000 in fiscal year 884
1998 and not more than $3,700,000 in fiscal year 1999 shall be 885
used in support of post finalization adoption services offered 886
pursuant to section 5153.163 of the Revised Code. The Department 888
of Human Services shall adopt rules and procedures pursuant to 889
section 111.15 of the Revised Code to set payment levels and 890
limit eligibility for post finalization adoption services as 891
necessary to limit program expenditures to the amounts set forth 892
in this section, based on factors, including but not limited to, 893
any or all of the following: type, or extent, of the adopted 894
child's disability or special need; and resources available to 895
the adoptive family to meet the child's service needs. 896
Social Service Block Grant (SSBG) Earmark for Day Care 898
Services 899
Of the foregoing appropriation item 400-620, Social 901
Services Block Grant, no less than $15,000,000 in fiscal year 902
1998 and $15,000,000 in fiscal year 1999 shall be used for child 903
day care services. The remainder of the SSBG funding may be used 904
to provide social services as authorized in section 5101.465 of 905
the Revised Code, including adult day care. 906
Child Support Collections/TANF MOE 908
The foregoing appropriation item 400-658, Child Support 910
22
Collections, shall be used by the Department of Human Services to 911
meet the TANF Maintenance of Effort requirements of Pub. L. No. 912
104-193. After the state has met the maintenance of effort 913
requirement, the Department of Human Services may use funds from 914
line item 400-658 to support public assistance activities.
Transfer of Unspent Funds from Fiscal Year 1998 to Fiscal 917
Year 1999
Upon the request of the Department of Human Services, the 920
Controlling Board may transfer any remaining unspent fiscal year 921
1998 funds from appropriation item 400-410, TANF State, to
appropriations for fiscal year 1999 so that the state of Ohio 922
will be able to meet the Maintenance of Effort requirements for 923
the Temporary Assistance for Needy Families Block. 924
Upon the request of the Department of Human Services, the 926
Controlling Board may transfer any remaining unspent fiscal year 927
1998 funds from appropriation item 400-413, Day Care/Maintenance 928
of Effort, to appropriations for fiscal year 1999 so that the 929
state of Ohio will be able to meet the Maintenance of Effort 930
requirements for the Child Care Development Block Grant. 931
Upon the request of the Department of Human Services, the 933
Controlling Board may transfer any remaining unspent fiscal year 934
1998 funds from individual county consolidations from 935
appropriation item 400-527, Child Protective Services, to 936
appropriations for fiscal year 1999 so that the counties may meet 938
the obligations for services funded through that line item.
Upon the request of the Department of Human Services, the 940
Controlling Board may transfer any remaining unspent fiscal year 941
1998 funds from the Post Finalization Special Adoption Services 942
portion of appropriation item 400-528, Adoption Services, to 943
appropriations for fiscal year 1999 so that counties may meet the 945
obligations for services funded through that portion of the line 946
item.
Upon the request of the Department of Human Services, the 948
Controlling Board may transfer any remaining unspent fiscal year 949
23
1998 funds from appropriation item 400-409, Wellness Block Grant, 951
to appropriations for fiscal year 1999 so that the counties may 952
meet the obligations for services funded through that line. 953
Private Child Care Agencies Training 955
The foregoing appropriation item 400-615, Private Child 957
Care Agencies Training, shall be used by the Department of Human 958
Services to provide the state match for federal Title IV-E 959
training dollars for private child placing agencies and private 960
noncustodial agencies. Revenues shall consist of moneys derived 961
from fees established under section 5101.112 of the Revised Code
and paid by private child placing agencies and private 962
noncustodial agencies.
Funding for Emergency Food Distribution Programs 964
Of the foregoing appropriation item 400-610, Food Stamps 966
and State Administration, $1.5 million in fiscal year 1998 and 967
$1.5 million in fiscal year 1999 shall be used by the Department 968
of Human Services to purchase commodities and distribute those 969
commodities to supplement the emergency food distribution 970
programs. Agencies receiving commodities under this program 971
shall provide reports in accordance with rules developed by the 972
Department of Human Services. 973
Transfers for Lead Assessments 975
Of the foregoing appropriation item 400-525, Health 977
Care/Medicaid, $77,790 (state share only) in fiscal year 1998, 978
and $111,477 (state share only) in fiscal year 1999 shall be used 980
to transfer funds from the General Revenue Fund to the General 981
Operations Fund (Fund 142) of the Department of Health. Transfer 982
of the funds shall be made through intrastate transfer vouchers 983
pursuant to an interagency agreement for the purpose of
performing environmental lead assessments in the homes of 984
Medicaid Healthcheck recipients. 985
Transfer IMD/DSH Cash 987
The Director of Budget and Management may transfer cash 989
from the Disproportionate Share Fund (3P8) in the Department of 990
24
Human Services to the OhioCare Fund (4X5) in the Department of 991
Mental Health, the Behavioral Health Medicaid Services Fund (4X4) 993
in the Department of Alcohol and Drug Addiction Services, and the
Medicaid Program Support Fund - State (5C9) in the Department of 994
Human Services and shall transfer cash in the amount of 995
$14,800,000 to the Health Services Fund (5E1) in the Department 996
of Health.
Interagency Agreement on Specified Medicaid Services 998
Based on an interagency agreement, the Department of Human 1,000
Services may delegate authority to the Department of Alcohol and 1,001
Drug Addiction Services and the Department of Mental Health to 1,002
administer specified Medicaid services. Monthly reimbursement 1,003
shall be made by intrastate transfer voucher from the Department 1,004
of Human Services' appropriation items 400-525, Health 1,005
Care/Medicaid, and 400-655, Interagency Reimbursement, to the 1,006
Department of Drug and Alcohol Addiction Services' Behavioral 1,007
Health Medicaid Services Fund (4X4) and the Department of Mental 1,009
Health's OhioCare Fund (4X5).
Medicaid Program Support Fund-State 1,011
The Department of Human Services' Medicaid Program Support 1,013
Fund-State (5C9) is hereby created in the state treasury. The 1,014
Fund shall be used to receive earned federal reimbursement 1,015
generated by the Institutions for Mental
Diseases/Disproportionate Share Hospital Program. The foregoing 1,016
appropriation item 400-671, Medicaid Program Support, may be used 1,018
for the following purposes: to pay for Medicaid services to 1,019
eligible children under age nineteen, whose family income does 1,020
not exceed 150 per cent of the federal poverty level; to pay for 1,021
a new Medicaid home and community-based waiver program for 1,022
non-aged persons with chronic, long-term disabilities; and, to 1,023
make residual payments associated with the specified Medicaid 1,024
services transferred to the Department of Alcohol and Drug 1,025
Addiction Services and the Department of Mental Health. 1,026
The foregoing appropriation item 400-672, Medicaid 1,028
25
Services, may be used by the Department of Human Services to pay 1,029
for Medicaid services or to transfer moneys by intrastate 1,030
transfer voucher to the Department of Mental Health's OhioCare 1,032
Fund (4X5) in accordance with an interagency agreement which 1,033
delegates authority from the Department of Human Services to the 1,034
Department of Alcohol and Drug Addiction Services and the
Department of Mental Health to administer specified Medicaid 1,035
services. 1,036
Medicaid Program Support Fund-Federal 1,038
The Department of Human Services' Medicaid Program Support 1,040
Fund-Federal (3P7) is hereby created in the state treasury. The 1,041
foregoing appropriation item 400-668, Medicaid Program Support, 1,042
may be used to pay for Medicaid services to eligible children 1,044
under age nineteen, whose family income does not exceed 150 per 1,045
cent of the federal poverty level; and for a new Medicaid home
and community-based waiver program for non-aged persons with 1,046
chronic, long-term disabilities. Funds also may be used for 1,047
residual payments associated with the specified Medicaid services 1,048
transferred to the Department of Alcohol and Drug Addiction 1,049
Services and the Department of Mental Health.
The foregoing appropriation item 400-672, Medicaid 1,051
Services, may be used by the Department of Human Services to pay 1,052
for Medicaid services and contracts. 1,053
OhioCare Start-up Fund Name Change 1,055
The name of the Department of Human Services' OhioCare 1,057
Start-up Fund (3P7) is hereby changed to the Medicaid Program 1,058
Support Fund-Federal.
Rural Medicaid Managed Care Pilot Programs 1,060
The Director of Human Services may contract with one or 1,062
more organizations to develop and/or implement Medicaid Managed 1,063
Care Pilot Programs in rural sections of Ohio. 1,064
Medicaid Managed Care Reimbursement Study Committee 1,066
The Medicaid Managed Care Reimbursement Study Committee 1,068
shall meet by August 1, 1997, to begin reviewing the 1,069
26
appropriateness of the negotiated Medicaid reimbursement rates 1,070
paid to managed care organizations for services provided to 1,071
Medicaid recipients in fiscal year 1998. By November 1, 1997, 1,072
the Committee must report its findings and/or recommendations 1,073
concerning the fiscal year 1998 rates to the Governor, the 1,074
Speaker of the House of Representatives, and the President of the 1,075
Senate.
Medicaid Managed Care for Individuals with MR/DD 1,077
In preparing the budget for medical assistance for state 1,079
fiscal years 2000 and 2001, as it pertains to services provided 1,080
to individuals with mental retardation and developmental 1,081
disabilities, the Office of Budget and Management and the 1,082
Department of Human Services shall review the results of any 1,083
study regarding the use of a managed care system that is prepared 1,085
and submitted to it by the Hattie Larlham Foundation, the Ohio
Department of Mental Retardation and Developmental Disabilities 1,086
Action Committee, the Ohio Private Residential Association, the 1,087
Ohio Coalition for Services to Persons with Mental Retardation 1,088
and Developmental Disabilities, or any other entity. 1,089
Transfer Lapsed Funds in Fund 4A6 to GRF 1,091
The Department of Human Services shall certify the cash 1,093
balance of Fund 4A6 to the Director of Budget and Management who 1,094
shall transfer the remaining unexpended, unobligated balance in 1,095
Fund 4A6 to the General Revenue Fund.
Holding Account Redistribution Group 1,097
The foregoing appropriation items 400-643 and 400-644, 1,099
Holding Account Redistribution Fund Group, shall be used to hold 1,100
revenues until they are directed to the appropriate accounts or 1,101
until they are refunded. If it is determined that additional 1,102
appropriation authority is necessary, such amounts are hereby 1,103
appropriated.
Agency Fund Group 1,105
The foregoing appropriation items 400-646, 400-601, and 1,107
400-642, Agency Fund Group, shall be used to hold revenues until 1,108
27
they are directed to the appropriate accounts or until they are 1,109
directed to the appropriate governmental agency other than the 1,110
Department of Human Services. If it is determined that
additional appropriation authority is necessary, such amounts are 1,111
hereby appropriated. 1,112
State Special Revenue Fund Group 1,114
The foregoing appropriation items that appear in the 1,116
Department of Human Services' State Special Revenue Fund Group 1,117
shall be used to collect revenue from various sources and use the 1,118
revenue to support programs administered by the Department of 1,119
Human Services. If it is determined that additional
appropriations are necessary, the department shall notify the 1,120
Director of Budget and Management on forms prescribed by the 1,122
Controlling Board. If the director agrees that the additional 1,123
appropriation is necessary in order to perform the functions
allowable in the appropriation item then such amounts are hereby 1,124
appropriated. The Director of Budget and Management shall notify 1,125
the Controlling Board at their next regularly scheduled meeting 1,126
as to the action taken."
Section 5. That existing section 67.05 of Am. Sub. H.B. 1,128
215 of the 122nd General Assembly is hereby repealed. 1,129