As Introduced 1
123rd General Assembly 4
Regular Session H. B. No. 332 5
1999-2000 6
REPRESENTATIVES FORD-BARRETT-BEATTY-BENDER-BRITTON-DePIERO- 8
FLANNERY-GRENDELL-HARTNETT-JERSE-METELSKY-D.MILLER-O'BRIEN- 9
PATTON-PERRY-PRINGLE-SALERNO-SMITH-SULLIVAN-SULZER-VESPER 10
_________________________________________________________________ 11
A B I L L
To amend sections 2151.011, 2151.312, 2151.331, 13
2151.34, 2151.353, 2151.418, 2151.55, 2151.62, 14
3313.64, 5101.14, 5101.141, 5103.02, 5103.031, 15
5103.032, 5103.033, 5123.77, 5153.01, 5153.16,
and 5153.161, to amend for the purpose of 16
adopting new section numbers as indicated in 17
parentheses sections 2151.418 (5103.0318),
5103.031 (5103.13), 5103.032 (5103.131), and 18
5103.033 (5103.0317), and to enact new sections 19
5103.031, 5103.032, and 5103.033 and sections
5103.034, 5103.035, 5103.036, 5103.037, 5103.038, 20
5103.039, 5103.0310, 5103.0311, 5103.0312, 21
5103.0313, 5103.0314, 5103.0315, and 5103.0316 of 22
the Revised Code to establish precertification
and continuing training requirements for foster 23
caregivers and provide for public children
services agencies, private child placing 24
agencies, and private noncustodial agencies to 25
operate training programs.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 27
Section 1. That sections 2151.011, 2151.312, 2151.331, 29
2151.34, 2151.353, 2151.418, 2151.55, 2151.62, 3313.64, 5101.14, 30
5101.141, 5103.02, 5103.031, 5103.032, 5103.033, 5123.77, 31
5153.01, 5153.16, and 5153.161 be amended, sections 2151.418 32
2
(5103.0318), 5103.031 (5103.13), 5103.032 (5103.131), and 33
5103.033 (5103.0317) be amended for the purpose of adopting new 34
section numbers as indicated in parentheses, and new sections 35
5103.031, 5103.032, and 5103.033 and sections 5103.034, 5103.035, 36
5103.036, 5103.037, 5103.038, 5103.039, 5103.0310, 5103.0311, 37
5103.0312, 5103.0313, 5103.0314, 5103.0315, and 5103.0316 of the 38
Revised Code be enacted to read as follows: 39
Sec. 2151.011. (A) As used in the Revised Code: 48
(1) "Juvenile court" means the division of the court of 50
common pleas or a juvenile court separately and independently 51
created having jurisdiction under this chapter. 52
(2) "Juvenile judge" means a judge of a court having 54
jurisdiction under this chapter. 55
(3) "Private child placing agency" means any association, 57
as defined in section 5103.02 of the Revised Code, that is 58
certified pursuant to sections UNDER SECTION 5103.03 to 5103.05 60
of the Revised Code to accept temporary, permanent, or legal 61
custody of children and place the children for either foster care 62
or adoption.
(4) "Private noncustodial agency" means any person, 64
organization, association, or society certified by the department 65
of human services that does not accept temporary or permanent 66
legal custody of children, that is privately operated in this 67
state, and that does one or more of the following: 68
(a) Receives and cares for children for two or more 70
consecutive weeks; 71
(b) Participates in the placement of children in family 73
CERTIFIED foster homes; 75
(c) Provides adoption services in conjunction with a 77
public children services agency or private child placing agency. 78
(B) As used in this chapter: 80
(1) "Adequate parental care" means the provision by a 82
child's parent or parents, guardian, or custodian of adequate 83
food, clothing, and shelter to ensure the child's health and 84
3
physical safety and the provision by a child's parent or parents 85
of specialized services warranted by the child's physical or 86
mental needs. 87
(2) "Adult" means an individual who is eighteen years of 89
age or older. 90
(3) "Agreement for temporary custody" means a voluntary 92
agreement authorized by section 5103.15 of the Revised Code that 94
transfers the temporary custody of a child to a public children 95
services agency or a private child placing agency. 96
(4) "Babysitting care" means care provided for a child 98
while the parents, guardian, or legal custodian of the child are 99
temporarily away. 100
(5) "Certified family foster home" means a family foster 102
home operated by persons holding a certificate in force, issued, 104
AS DEFINED IN SECTION 5103.02 OF THE REVISED CODE, CERTIFIED 105
under section 5103.03 of the Revised Code. 106
(6)(5)(a) "Child" means a person who is under eighteen 109
years of age, except as otherwise provided in divisions 110
(B)(6)(5)(b) to (f) of this section. 111
(b) Subject to division (B)(6)(5)(c) of this section, any 114
person who violates a federal or state law or municipal ordinance 115
prior to attaining eighteen years of age shall be deemed a
"child" irrespective of that person's age at the time the 116
complaint is filed or the hearing on the complaint is held. 117
(c) Any person who, while under eighteen years of age, 120
commits an act that would be a felony if committed by an adult 121
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 122
child in relation to that act. 123
(d) Any person whose case is transferred for criminal 125
prosecution pursuant to division (B) or (C) of section 2151.26 of 126
the Revised Code shall after the transfer be deemed not to be a 127
child in the transferred case. 128
(e) Subject to division (B)(6)(5)(f) of this section, any 131
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person whose case is transferred for criminal prosecution 132
pursuant to division (B) or (C) of section 2151.26 of the Revised 133
Code and who subsequently is convicted of or pleads guilty to a 134
felony in that case shall after the transfer be deemed not to be 136
a child in any case in which the person is alleged to have 138
committed prior to or subsequent to the transfer an act that 140
would be an offense if committed by an adult. Division 141
(B)(6)(5)(e) of this section applies to a case regardless of 142
whether the prior or subsequent act that is alleged in the case 144
and that would be an offense if committed by an adult allegedly 145
was committed in the same county in which the case was 147
transferred or in another county and regardless of whether the
complaint in the case involved was filed in the same county in 148
which the case was transferred or in another county. Division 149
(B)(6)(5)(e) of this section applies to a case that involves an 151
act committed prior to the transfer only when the prior act 152
alleged in the case has not been disposed of by a juvenile court
or trial court. 153
(f) Notwithstanding division (B)(6)(5)(e) of this section, 156
if a person's case is transferred for criminal prosecution
pursuant to division (B) or (C) of section 2151.26 of the Revised 158
Code and if the person subsequently is convicted of or pleads 159
guilty to a felony in that case, thereafter, the person shall be
considered a child solely for the following purposes in relation 160
to any act the person subsequently commits that would be an 161
offense if committed by an adult: 162
(i) For purposes of the filing of a complaint alleging 164
that the child is a delinquent child for committing the act that 165
would be an offense if committed by an adult; 166
(ii) For purposes of the juvenile court conducting a 168
hearing under division (B) of section 2151.26 of the Revised Code 170
relative to the complaint described in division (B)(6)(5)(f)(i) 171
of this section to determine whether division (B)(1) of section 172
2151.26 of the Revised Code applies and requires that the case be 174
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transferred for criminal prosecution to the appropriate court 175
having jurisdiction of the offense.
(7)(6) "Child day camp," "child day-care," "child day-care 177
center," "part-time child day-care center," "type A family 180
day-care home," "certified type B family day-care home," "type B 181
home," "administrator of a child day-care center," "administrator 183
of a type A family day-care home," "in-home aide," and 184
"authorized provider" have the same meanings as in section 185
5104.01 of the Revised Code.
(8)(7) "Child day-care provider" means an individual who 187
is a child-care staff member or administrator of a child day-care 188
center, a type A family day-care home, or a type B family 189
day-care home, or an in-home aide or an individual who is 190
licensed, is regulated, is approved, operates under the direction 191
of, or otherwise is certified by the department of human 192
services, department of mental retardation and developmental 193
disabilities, or the early childhood programs of the department 194
of education. 195
(9)(8) "Commit" means to vest custody as ordered by the 197
court. 198
(10)(9) "Counseling" includes both of the following: 200
(a) General counseling services performed by a public 203
children services agency or shelter for victims of domestic 204
violence to assist a child, a child's parents, and a child's 205
siblings in alleviating identified problems that may cause or 207
have caused the child to be an abused, neglected, or dependent 208
child.
(b) Psychiatric or psychological therapeutic counseling 211
services provided to correct or alleviate any mental or emotional 213
illness or disorder and performed by a licensed psychiatrist,
licensed psychologist, or a person licensed under Chapter 4757. 215
of the Revised Code to engage in social work or professional 216
counseling.
(11)(10) "Custodian" means a person who has legal custody 218
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of a child or a public children services agency or private child 220
placing agency that has permanent, temporary, or legal custody of 221
a child. 222
(12)(11) "Detention" means the temporary care of children 224
pending court adjudication or disposition, or execution of a 225
court order, in a public or private facility designed to 226
physically restrict the movement and activities of children. 227
(13)(12) "Developmental disability" has the same meaning 229
as in section 5123.01 of the Revised Code. 231
(14) "Family foster home" means a private residence in 233
which children are received apart from their parents, guardian, 234
or legal custodian by an individual for hire, gain, or reward for 235
nonsecure care, supervision, or training twenty-four hours a day. 236
"Family foster home" does not include babysitting care provided 237
for a child in the home of a person other than the home of the 238
parents, guardian, or legal custodian of the child. 239
(15) "Foster home" means a family home in which any child 241
is received apart from the child's parents for care, supervision, 242
or training. 244
(16)(13) "Guardian" means a person, association, or 246
corporation that is granted authority by a probate court pursuant 247
to Chapter 2111. of the Revised Code to exercise parental rights 248
over a child to the extent provided in the court's order and 249
subject to the residual parental rights of the child's parents. 250
(17)(14) "Legal custody" means a legal status that vests 252
in the custodian the right to have physical care and control of 253
the child and to determine where and with whom the child shall 254
live, and the right and duty to protect, train, and discipline 256
the child and to provide the child with food, shelter, education, 257
and medical care, all subject to any residual parental rights, 259
privileges, and responsibilities. An individual granted legal 260
custody shall exercise the rights and responsibilities personally 261
unless otherwise authorized by any section of the Revised Code or 262
by the court. 263
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(18)(15) "Mental illness" and "mentally ill person subject 265
to hospitalization by court order" have the same meanings as in 267
section 5122.01 of the Revised Code. 268
(19)(16) "Mental injury" means any behavioral, cognitive, 270
emotional, or mental disorder in a child caused by an act or 271
omission that is described in section 2919.22 of the Revised Code 272
and is committed by the parent or other person responsible for 274
the child's care.
(20)(17) "Mentally retarded person" has the same meaning 276
as in section 5123.01 of the Revised Code. 278
(21)(18) "Nonsecure care, supervision, or training" means 280
care, supervision, or training of a child in a facility that does 281
not confine or prevent movement of the child within the facility 282
or from the facility. 283
(22)(19) "Organization" means any institution, public, 285
semipublic, or private, and any private association, society, or 286
agency located or operating in the state, incorporated or 287
unincorporated, having among its functions the furnishing of 288
protective services or care for children, or the placement of 289
children in CERTIFIED foster homes or elsewhere. 290
(23)(20) "Out-of-home care" means detention facilities, 292
shelter facilities, foster homes, certified foster homes, 293
placement in a prospective adoptive home prior to the issuance of 294
a final decree of adoption, organizations, certified 295
organizations, child day-care centers, type A family day-care 296
homes, child day-care provided by type B family day-care home 297
providers and by in-home aides, group home providers, group 298
homes, institutions, state institutions, residential facilities, 299
residential care facilities, residential camps, day camps, 300
hospitals, and medical clinics that are responsible for the care, 301
physical custody, or control of children. 302
(24)(21) "Out-of-home care child abuse" means any of the 304
following when committed by a person responsible for the care of 305
a child in out-of-home care: 306
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(a) Engaging in sexual activity with a child in the 308
person's care; 309
(b) Denial to a child, as a means of punishment, of proper 311
or necessary subsistence, education, medical care, or other care 312
necessary for a child's health; 313
(c) Use of restraint procedures on a child that cause 315
injury or pain; 316
(d) Administration of prescription drugs or psychotropic 318
medication to the child without the written approval and ongoing 319
supervision of a licensed physician; 320
(e) Commission of any act, other than by accidental means, 322
that results in any injury to or death of the child in 323
out-of-home care or commission of any act by accidental means 324
that results in an injury to or death of a child in out-of-home 325
care and that is at variance with the history given of the injury 326
or death.
(25)(22) "Out-of-home care child neglect" means any of the 328
following when committed by a person responsible for the care of 329
a child in out-of-home care: 330
(a) Failure to provide reasonable supervision according to 332
the standards of care appropriate to the age, mental and physical 333
condition, or other special needs of the child; 334
(b) Failure to provide reasonable supervision according to 336
the standards of care appropriate to the age, mental and physical 337
condition, or other special needs of the child, that results in 338
sexual or physical abuse of the child by any person; 339
(c) Failure to develop a process for all of the following: 341
(i) Administration of prescription drugs or psychotropic 343
drugs for the child; 344
(ii) Assuring that the instructions of the licensed 346
physician who prescribed a drug for the child are followed; 347
(iii) Reporting to the licensed physician who prescribed 349
the drug all unfavorable or dangerous side effects from the use 350
of the drug. 351
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(d) Failure to provide proper or necessary subsistence, 353
education, medical care, or other individualized care necessary 354
for the health or well-being of the child; 355
(e) Confinement of the child to a locked room without 357
monitoring by staff; 358
(f) Failure to provide ongoing security for all 360
prescription and nonprescription medication; 361
(g) Isolation of a child for a period of time when there 363
is substantial risk that the isolation, if continued, will impair 364
or retard the mental health or physical well-being of the child. 365
(26)(23) "Permanent custody" means a legal status that 367
vests in a public children services agency or a private child 368
placing agency, all parental rights, duties, and obligations, 369
including the right to consent to adoption, and divests the 370
natural parents or adoptive parents of all parental rights, 371
privileges, and obligations, including all residual rights and 372
obligations.
(27) "Planned permanent living arrangement" means an order 375
of a juvenile court pursuant to which both of the following 376
apply:
(a) The court gives legal custody of a child to a public 378
children services agency or a private child placing agency 379
without the termination of parental rights. 380
(b) The order permits the agency to make an appropriate 382
placement of the child and to enter into a written agreement with 385
a foster care provider or with another person or agency with whom 386
the child is placed.
(28)(24) "Permanent surrender" means the act of the 388
parents or, if a child has only one parent, of the parent of a 389
child, by a voluntary agreement authorized by section 5103.15 of 391
the Revised Code, to transfer the permanent custody of the child
to a public children services agency or a private child placing 392
agency. 393
(29)(25) "Person responsible for a child's care in 395
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out-of-home care" means any of the following: 397
(a) Any foster parent, in-home aide, or provider; 399
(b) Any administrator, employee, or agent of any of the 401
following: a public or private detention facility; shelter 402
facility; organization; certified organization; child day-care 403
center; type A family day-care home; certified type B family 404
day-care home; group home; institution; state institution; 405
residential facility; residential care facility; residential 406
camp; day camp; hospital; or medical clinic; 407
(c) Any other person who performs a similar function with 409
respect to, or has a similar relationship to, children. 410
(30)(26) "Physically impaired" means having one or more of 412
the following conditions that substantially limit one or more of 413
an individual's major life activities, including self-care, 414
receptive and expressive language, learning, mobility, and 415
self-direction:
(a) A substantial impairment of vision, speech, or 417
hearing;
(b) A congenital orthopedic impairment; 419
(c) An orthopedic impairment caused by disease, rheumatic 422
fever or any other similar chronic or acute health problem, or 423
amputation or another similar cause.
(31)(27) "Placement for adoption" means the arrangement by 425
a public children services agency or a private child placing 426
agency with a person for the care and adoption by that person of 427
a child of whom the agency has permanent custody. 428
(32)(28) "Placement in foster care" means the arrangement 431
by a public children services agency or a private child placing
agency for the out-of-home care of a child of whom the agency has 432
temporary custody or permanent custody. 433
(33)(29) "PLANNED PERMANENT LIVING ARRANGEMENT" MEANS AN 436
ORDER OF A JUVENILE COURT PURSUANT TO WHICH BOTH OF THE FOLLOWING 437
APPLY:
(a) THE COURT GIVES LEGAL CUSTODY OF A CHILD TO A PUBLIC 439
11
CHILDREN SERVICES AGENCY OR A PRIVATE CHILD PLACING AGENCY 440
WITHOUT THE TERMINATION OF PARENTAL RIGHTS. 441
(b) THE ORDER PERMITS THE AGENCY TO MAKE AN APPROPRIATE 443
PLACEMENT OF THE CHILD AND TO ENTER INTO A WRITTEN AGREEMENT WITH 446
A FOSTER CARE PROVIDER OR WITH ANOTHER PERSON OR AGENCY WITH WHOM 447
THE CHILD IS PLACED.
(30) "Practice of social work" and "practice of 449
professional counseling" have the same meanings as in section 450
4757.01 of the Revised Code. 451
(34)(31) "Probation" means a legal status created by court 453
order following an adjudication that a child is a delinquent 454
child, a juvenile traffic offender, or an unruly child, whereby 455
the child is permitted to remain in the parent's, guardian's, or 456
custodian's home subject to supervision, or under the supervision 457
of any agency designated by the court and returned to the court 458
for violation of probation at any time during the period of 459
probation. 460
(35)(32) "Protective supervision" means an order of 462
disposition pursuant to which the court permits an abused, 463
neglected, dependent, unruly, or delinquent child or a juvenile 464
traffic offender to remain in the custody of the child's parents, 465
guardian, or custodian and stay in the child's home, subject to 466
any conditions and limitations upon the child, the child's 468
parents, guardian, or custodian, or any other person that the 470
court prescribes, including supervision as directed by the court 471
for the protection of the child. 472
(36)(33) "Psychiatrist" has the same meaning as in section 474
5122.01 of the Revised Code. 475
(37)(34) "Psychologist" has the same meaning as in section 477
4732.01 of the Revised Code. 478
(38)(35) "Residential camp" means a program in which the 480
care, physical custody, or control of children is accepted 483
overnight for recreational or recreational and educational 484
purposes.
12
(39)(36) "Residential care facility" means an institution, 486
residence, or facility that is licensed by the department of 487
mental health under section 5119.22 of the Revised Code and that 488
provides care for a child. 489
(40)(37) "Residential facility" means a home or facility 491
that is licensed by the department of mental retardation and 492
developmental disabilities under section 5123.19 of the Revised 493
Code and in which a child with a developmental disability 494
resides. 495
(41)(38) "Residual parental rights, privileges, and 497
responsibilities" means those rights, privileges, and 498
responsibilities remaining with the natural parent after the 499
transfer of legal custody of the child, including, but not 500
necessarily limited to, the privilege of reasonable visitation, 501
consent to adoption, the privilege to determine the child's 502
religious affiliation, and the responsibility for support. 503
(42)(39) "Secure correctional facility" means a facility 505
under the direction of the department of youth services that is 506
designed to physically restrict the movement and activities of 507
children and used for the placement of children after 508
adjudication and disposition.
(43)(40) "Sexual activity" has the same meaning as in 510
section 2907.01 of the Revised Code. 511
(44)(41) "Shelter" means the temporary care of children in 513
physically unrestricted facilities pending court adjudication or 514
disposition. 515
(45)(42) "Shelter for victims of domestic violence" has 517
the same meaning as in section 3113.33 of the Revised Code. 518
(46)(43) "Temporary custody" means legal custody of a 520
child who is removed from the child's home, which custody may be 521
terminated at any time at the discretion of the court or, if the 523
legal custody is granted in an agreement for temporary custody, 524
by the person who executed the agreement. 525
(C) For the purposes of this chapter, a child shall be 527
13
presumed abandoned when the parents of the child have failed to 528
visit or maintain contact with the child for more than ninety 529
days, regardless of whether the parents resume contact with the 530
child after that period of ninety days. 531
Sec. 2151.312. (A) Except as provided in divisions (B) 540
and (F) of this section, a child alleged to be or adjudicated a 541
delinquent child, an unruly child, or a juvenile traffic offender 542
may be held only in the following places: 543
(1) A certified family foster home or a home approved by 545
the court; 546
(2) A facility operated by a certified child welfare 548
agency; 549
(3) Any other suitable place designated by the court. 551
(B) In addition to the places listed in division (A) of 553
this section, a child alleged to be or adjudicated a delinquent 554
child may be held in a detention home or center for delinquent 555
children that is under the direction or supervision of the court 556
or other public authority or of a private agency and approved by 557
the court.
(C)(1) Except as provided under division (C)(1) of section 559
2151.311 of the Revised Code or division (A)(6) of section 560
2151.356 of the Revised Code, a child alleged to be or 562
adjudicated a neglected child, an abused child, a dependent
child, an unruly child, or a juvenile traffic offender may not be 563
held in any of the following facilities: 564
(a) A state correctional institution, county, multicounty, 567
or municipal jail or workhouse, or other place in which an adult 568
convicted of crime, under arrest, or charged with a crime is 569
held.
(b) A secure correctional facility. 571
(2) Except as provided under sections 2151.56 to 2151.61 573
and division (A)(6) of section 2151.356 of the Revised Code and 574
division (C)(3) of this section, a child alleged to be or 575
adjudicated an unruly child or a juvenile traffic offender may 576
14
not be held for more than twenty-four hours in a detention home. 577
A child alleged to be or adjudicated a neglected child, an abused 578
child, or a dependent child shall not be held in a detention
home.
(3) A child who is alleged to be or who is adjudicated an 580
unruly child and who is taken into custody on a Saturday, Sunday, 582
or legal holiday, as listed in section 1.14 of the Revised Code,
may be held in a detention home until the next succeeding day 583
that is not a Saturday, Sunday, or legal holiday. 584
(D) Except as provided in division (F) of this section or 586
in division (C) of section 2151.311, in division (C)(2) of 587
section 5139.06 and section 5120.162, or in division (B) of 589
section 5120.16 of the Revised Code, a child who is alleged to be 590
or is adjudicated a delinquent child may not be held in a state 591
correctional institution, county, multicounty, or municipal jail 592
or workhouse, or other place where an adult convicted of crime, 593
under arrest, or charged with crime is held. 594
(E) Unless the detention is pursuant to division (F) of 596
this section or division (C) of section 2151.311, division (C)(2) 598
of section 5139.06 and section 5120.162, or division (B) of 600
section 5120.16 of the Revised Code, the official in charge of 601
the institution, jail, workhouse, or other facility shall inform 602
the court immediately when a child, who is or appears to be under 603
the age of eighteen years, is received at the facility, and shall 604
deliver the child to the court upon request or transfer the child 605
to a detention facility designated by the court. 606
(F) If a case is transferred to another court for criminal 608
prosecution pursuant to section 2151.26 of the Revised Code, the 609
child may be transferred for detention pending the criminal 610
prosecution in a jail or other facility in accordance with the 611
law governing the detention of persons charged with crime. Any 612
child so held shall be confined in a manner that keeps the child 613
beyond the range of touch of all adult detainees. The child 614
shall be supervised at all times during the detention. 615
15
Sec. 2151.331. A child alleged to be or adjudicated an 624
abused, neglected, dependent, or unruly child or a juvenile 625
traffic offender may be detained after a complaint is filed in a 626
certified family foster home for a period not exceeding sixty 628
days or until the final disposition of the case, whichever comes 629
first. The court also may arrange with a public children 630
services agency or private child placing agency to receive, or 631
with a private noncustodial agency for temporary care of, the 632
child within the jurisdiction of the court. A child alleged to
be or adjudicated an unruly child also may be assigned to an 633
alternative diversion program established by the court for a 634
period not exceeding sixty days after a complaint is filed or 635
until final disposition of the case, whichever comes first. 636
If the court arranges for the board of a child temporarily 638
detained in a certified family foster home or arranges for the 639
board of a child through a private child placing agency, the 642
board of county commissioners shall pay a reasonable sum, which 643
the court shall fix, for the board of the child. In order to
have certified family foster homes available for service, an 644
agreed monthly subsidy may be paid in addition to a fixed rate 646
per day for care of a child actually residing in the certified 647
family foster home.
Sec. 2151.34. A child who is alleged to be or adjudicated 656
a delinquent child may be confined in a place of juvenile 658
detention for a period not to exceed ninety days, during which 659
time a social history may be prepared to include court record, 660
family history, personal history, school and attendance records, 661
and any other pertinent studies and material that will be of 662
assistance to the juvenile court in its disposition of the 663
charges against that juvenile offender.
Upon the advice and recommendation of the judge, the board 665
of county commissioners shall provide, by purchase, lease, 666
construction, or otherwise, a place to be known as a detention 667
home that shall be within a convenient distance of the juvenile 668
16
court and shall not be used for the confinement of adults charged 669
with criminal offenses and in which delinquent children may be 670
detained until final disposition. Upon the joint advice and 672
recommendation of the juvenile judges of two or more adjoining or 673
neighboring counties, the boards of county commissioners of the 674
counties shall form themselves into a joint board and proceed to 675
organize a district for the establishment and support of a 676
detention home for the use of the juvenile courts of those 677
counties, in which delinquent children may be detained until 678
final disposition, by using a site or buildings already 679
established in one of the counties or by providing for the 680
purchase of a site and the erection of the necessary buildings on 681
the site.
A child who is adjudicated to be a juvenile traffic 683
offender for having committed a violation of division (A) of 684
section 4511.19 of the Revised Code or of a municipal ordinance 685
that is substantially comparable to that division may be confined 686
in a detention home or district detention home pursuant to 687
division (A)(6) of section 2151.356 of the Revised Code, provided 688
the child is kept separate and apart from alleged delinquent 689
children.
The county or district detention home shall be maintained 691
as provided in sections 2151.01 to 2151.54 of the Revised Code. 692
In any county in which there is no detention home or that is not 693
served by a district detention home, the board of county 694
commissioners shall provide funds for the boarding of such 695
children temporarily in private homes. Children who are alleged 696
to be or have been adjudicated delinquent children may be 697
detained after a complaint is filed in the detention home until 698
final disposition of their cases or in certified family foster 699
homes or in any other home approved by the court, if any are 700
available, for a period not exceeding sixty days or until final 701
disposition of their cases, whichever comes first. The court 702
also may arrange with any public children services agency or 703
17
private child placing agency to receive, or private noncustodial 704
agency for temporary care of, the children within the 705
jurisdiction of the court. A district detention home approved 706
for such purpose by the department of youth services under 707
section 5139.281 of the Revised Code may receive children 708
committed to its temporary custody under section 2151.355 of the 709
Revised Code and provide the care, treatment, and training 710
required.
If a detention home is established as an agency of the 712
court or a district detention home is established by the courts 713
of several counties as provided in this section, it shall be 714
furnished and carried on, as far as possible, as a family home in 715
charge of a superintendent or matron in a nonpunitive neutral 716
atmosphere. The judge, or the directing board of a district 717
detention home, may appoint a superintendent, a matron, and other 718
necessary employees for the home and fix their salaries. During 719
the school year, when possible, a comparable educational program 720
with competent and trained staff shall be provided for those 721
children of school age. A sufficient number of trained 722
recreational personnel shall be included among the staff to 723
assure wholesome and profitable leisure-time activities. Medical 724
and mental health services shall be made available to ensure the 725
courts all possible treatment facilities shall be given to those 726
children placed under their care. In the case of a county 727
detention home, the salaries shall be paid in the same manner as 728
is provided by section 2151.13 of the Revised Code for other 729
employees of the court, and the necessary expenses incurred in 730
maintaining the detention home shall be paid by the county. In 731
the case of a district detention home, the salaries and the 732
necessary expenses incurred in maintaining the district detention 733
home shall be paid as provided in sections 2151.341 to 2151.3415 734
of the Revised Code. 735
If the court arranges for the board of children temporarily 737
detained in family CERTIFIED foster homes or arranges for the 738
18
board of those children through any private child placing agency, 740
a reasonable sum to be fixed by the court for the board of those 741
children shall be paid by the county. In order to have family 742
CERTIFIED foster homes available for service, an agreed monthly 744
subsidy may be paid and a fixed rate per day for care of children 745
actually residing in the family CERTIFIED foster home. 746
Sec. 2151.353. (A) If a child is adjudicated an abused, 755
neglected, or dependent child, the court may make any of the 756
following orders of disposition: 757
(1) Place the child in protective supervision; 759
(2) Commit the child to the temporary custody of a public 761
children services agency, a private child placing agency, either 762
parent, a relative residing within or outside the state, or a 763
probation officer for placement in a certified family foster home 765
or in any other home approved by the court;
(3) Award legal custody of the child to either parent or 767
to any other person who, prior to the dispositional hearing, 768
files a motion requesting legal custody of the child; 769
(4) Commit the child to the permanent custody of a public 771
children services agency or private child placing agency, if the 772
court determines in accordance with division (E) of section 773
2151.414 of the Revised Code that the child cannot be placed with 774
one of the child's parents within a reasonable time or should not 775
be placed with either parent and determines in accordance with 776
division (D) of section 2151.414 of the Revised Code that the 777
permanent commitment is in the best interest of the child. If 778
the court grants permanent custody under this division, the 779
court, upon the request of any party, shall file a written 780
opinion setting forth its findings of fact and conclusions of law 781
in relation to the proceeding. 782
(5) Place the child in a planned permanent living 785
arrangement with a public children services agency or private 786
child placing agency, if a public children services agency or 787
private child placing agency requests the court to place the 788
19
child in a planned permanent living arrangement and if the court 789
finds, by clear and convincing evidence, that a planned permanent 791
living arrangement is in the best interest of the child and that 793
one of the following exists:
(a) The child, because of physical, mental, or 795
psychological problems or needs, is unable to function in a 796
family-like setting and must remain in residential or 797
institutional care. 798
(b) The parents of the child have significant physical, 800
mental, or psychological problems and are unable to care for the 801
child because of those problems, adoption is not in the best 802
interest of the child, as determined in accordance with division 803
(D) of section 2151.414 of the Revised Code, and the child 804
retains a significant and positive relationship with a parent or 805
relative. 806
(c) The child is sixteen years of age or older, has been 808
counseled on the permanent placement options available to the 809
child, is unwilling to accept or unable to adapt to a permanent 810
placement, and is in an agency program preparing the child for 811
independent living.
(6) Order the removal from the child's home until further 814
order of the court of the person who committed abuse as described 815
in section 2151.031 of the Revised Code against the child, who 816
caused or allowed the child to suffer neglect as described in 817
section 2151.03 of the Revised Code, or who is the parent, 818
guardian, or custodian of a child who is adjudicated a dependent 819
child and order any person not to have contact with the child or 820
the child's siblings. 821
(B) No order for permanent custody or temporary custody of 823
a child or the placement of a child in a planned permanent living 825
arrangement shall be made pursuant to this section unless the 826
complaint alleging the abuse, neglect, or dependency contains a 827
prayer requesting permanent custody, temporary custody, or the 828
placement of the child in a planned permanent living arrangement 830
20
as desired, the summons served on the parents of the child 831
contains as is appropriate a full explanation that the granting 832
of an order for permanent custody permanently divests them of 833
their parental rights, a full explanation that an adjudication 834
that the child is an abused, neglected, or dependent child may 835
result in an order of temporary custody that will cause the 836
removal of the child from their legal custody until the court 837
terminates the order of temporary custody or permanently divests 838
the parents of their parental rights, or a full explanation that 839
the granting of an order for a planned permanent living
arrangement will result in the removal of the child from their 841
legal custody if any of the conditions listed in divisions 842
(A)(5)(a) to (c) of this section are found to exist, and the 843
summons served on the parents contains a full explanation of 844
their right to be represented by counsel and to have counsel 845
appointed pursuant to Chapter 120. of the Revised Code if they 846
are indigent. 847
If after making disposition as authorized by division 849
(A)(2) of this section, a motion is filed that requests permanent 850
custody of the child, the court may grant permanent custody of 851
the child to the movant in accordance with section 2151.414 of 852
the Revised Code. 853
(C) If the court issues an order for protective 855
supervision pursuant to division (A)(1) of this section, the 856
court may place any reasonable restrictions upon the child, the 857
child's parents, guardian, or custodian, or any other person, 858
including, but not limited to, any of the following: 859
(1) Order a party, within forty-eight hours after the 861
issuance of the order, to vacate the child's home indefinitely or 862
for a specified period of time; 863
(2) Order a party, a parent of the child, or a physical 865
custodian of the child to prevent any particular person from 866
having contact with the child; 867
(3) Issue an order restraining or otherwise controlling 869
21
the conduct of any person which conduct would not be in the best 870
interest of the child. 871
(D) As part of its dispositional order, the court shall 873
journalize a case plan for the child. The journalized case plan 874
shall not be changed except as provided in section 2151.412 of 875
the Revised Code. 876
(E)(1) The court shall retain jurisdiction over any child 878
for whom the court issues an order of disposition pursuant to 879
division (A) of this section or pursuant to section 2151.414 or 880
2151.415 of the Revised Code until the child attains the age of 881
eighteen YEARS if the child is not mentally retarded, 883
developmentally disabled, or physically impaired, the child 884
attains the age of twenty-one YEARS if the child is mentally
retarded, developmentally disabled, or physically impaired, or 886
the child is adopted and a final decree of adoption is issued, 887
except that the court may retain jurisdiction over the child and 888
continue any order of disposition under division (A) of this 889
section or under section 2151.414 or 2151.415 of the Revised Code 890
for a specified period of time to enable the child to graduate 891
from high school or vocational school. The court shall make an 892
entry continuing its jurisdiction under this division in the 893
journal.
(2) Any public children services agency, any private child 895
placing agency, the department of human services, or any party, 896
other than any parent whose parental rights with respect to the 897
child have been terminated pursuant to an order issued under 898
division (A)(4) of this section, by filing a motion with the 899
court, may at any time request the court to modify or terminate 900
any order of disposition issued pursuant to division (A) of this 901
section or section 2151.414 or 2151.415 of the Revised Code. The 902
court shall hold a hearing upon the motion as if the hearing were 903
the original dispositional hearing and shall give all parties to 904
the action and the guardian ad litem notice of the hearing 905
pursuant to the Juvenile Rules. If applicable, the court shall 906
22
comply with section 2151.42 of the Revised Code. 907
(F) Any temporary custody order issued pursuant to 909
division (A) of this section shall terminate one year after the 910
earlier of the date on which the complaint in the case was filed 911
or the child was first placed into shelter care, except that, 912
upon the filing of a motion pursuant to section 2151.415 of the 913
Revised Code, the temporary custody order shall continue and not 914
terminate until the court issues a dispositional order under that 915
section. 916
(G)(1) No later than one year after the earlier of the 918
date the complaint in the case was filed or the child was first 919
placed in shelter care, a party may ask the court to extend an 920
order for protective supervision for six months or to terminate 921
the order. A party requesting extension or termination of the 922
order shall file a written request for the extension or
termination with the court and give notice of the proposed 923
extension or termination in writing before the end of the day 924
after the day of filing it to all parties and the child's 925
guardian ad litem. If a public children services agency or 926
private child placing agency requests termination of the order,
the agency shall file a written status report setting out the 927
facts supporting termination of the order at the time it files 928
the request with the court. If no party requests extension or 929
termination of the order, the court shall notify the parties that 930
the court will extend the order for six months or terminate it 931
and that it may do so without a hearing unless one of the parties
requests a hearing. All parties and the guardian ad litem shall 932
have seven days from the date a notice is sent pursuant to this 933
division to object to and request a hearing on the proposed 934
extension or termination.
(a) If it receives a timely request for a hearing, the 936
court shall schedule a hearing to be held no later than thirty 937
days after the request is received by the court. The court shall 938
give notice of the date, time, and location of the hearing to all 939
23
parties and the guardian ad litem. At the hearing, the court 940
shall determine whether extension or termination of the order is 941
in the child's best interest. If termination is in the child's
best interest, the court shall terminate the order. If extension 942
is in the child's best interest, the court shall extend the order 943
for six months.
(b) If it does not receive a timely request for a hearing, 945
the court may extend the order for six months or terminate it 946
without a hearing and shall journalize the order of extension or 947
termination not later than fourteen days after receiving the 948
request for extension or termination or after the date the court 949
notifies the parties that it will extend or terminate the order. 950
If the court does not extend or terminate the order, it shall
schedule a hearing to be held no later than thirty days after the 951
expiration of the applicable fourteen-day time period and give 952
notice of the date, time, and location of the hearing to all 953
parties and the child's guardian ad litem. At the hearing, the 954
court shall determine whether extension or termination of the 955
order is in the child's best interest. If termination is in the
child's best interest, the court shall terminate the order. If 956
extension is in the child's best interest, the court shall issue 957
an order extending the order for protective supervision six 958
months.
(2) If the court grants an extension of the order for 960
protective supervision pursuant to division (G)(1) of this 961
section, a party may, prior to termination of the extension, file 962
with the court a request for an additional extension of six 963
months or for termination of the order. The court and the 964
parties shall comply with division (G)(1) of this section with 965
respect to extending or terminating the order.
(3) If a court grants an extension pursuant to division 967
(G)(2) of this section, the court shall terminate the order for 968
protective supervision at the end of the extension. 969
(H) The court shall not issue a dispositional order 971
24
pursuant to division (A) of this section that removes a child 972
from the child's home unless the court complies with section 973
2151.419 of the Revised Code and includes in the dispositional 976
order the findings of fact required by that section. 977
(I) If a motion or application for an order described in 980
division (A)(6) of this section is made, the court shall not 981
issue the order unless, prior to the issuance of the order, it 982
provides to the person all of the following:
(1) Notice and a copy of the motion or application; 984
(2) The grounds for the motion or application; 986
(3) An opportunity to present evidence and witnesses at a 988
hearing regarding the motion or application; 989
(4) An opportunity to be represented by counsel at the 991
hearing. 992
(J) The jurisdiction of the court shall terminate one year 995
after the date of the award or, if the court takes any further 996
action in the matter subsequent to the award, the date of the 997
latest further action subsequent to the award, if the court 998
awards legal custody of a child to either of the following: 999
(1) A legal custodian who, at the time of the award of 1,001
legal custody, resides in a county of this state other than the 1,002
county in which the court is located;
(2) A legal custodian who resides in the county in which 1,004
the court is located at the time of the award of legal custody, 1,005
but moves to a different county of this state prior to one year 1,006
after the date of the award or, if the court takes any further 1,007
action in the matter subsequent to the award, one year after the 1,008
date of the latest further action subsequent to the award.
The court in the county in which the legal custodian 1,010
resides then shall have jurisdiction in the matter. 1,011
Sec. 2151.55. (A) This section shall have no effect on 1,020
and after the date the Supreme Court adopts, pursuant to its 1,023
authority under Section 5 of Article IV, Ohio Constitution, rules 1,028
governing procedure in the juvenile courts of the state that 1,029
25
address the placement of a child in a CERTIFIED foster home in a 1,030
county other than the county in which the child resided at the 1,032
time of being removed from home. 1,033
(B) Prior to placing a child in a CERTIFIED foster home in 1,036
a county other than the county in which the child resided at the 1,037
time of being removed from home, the private or government entity 1,038
responsible for the placement shall communicate directly with all 1,039
of the following and notify them of the intended placement: the 1,040
intended foster caregiver, the juvenile court of the county in 1,041
which the CERTIFIED foster home is located, and, if the child 1,042
will attend the schools of the district in which the CERTIFIED 1,043
foster home is located, the school district's board of education. 1,044
The private or government entity shall provide any information it 1,045
has in its possession concerning the reasons the child is being 1,046
placed in the CERTIFIED foster home if that information may be 1,048
disclosed under federal and state law. 1,049
(C) If a child is placed in a CERTIFIED foster home in a 1,052
county other than the county in which the child resided at the 1,054
time the child was removed from home, the superintendent of the 1,055
school district in which the child resides in a CERTIFIED foster 1,056
home may file, in the juvenile court of the county in which the 1,058
school district is located, a complaint requesting that the child 1,059
be removed from the county because the child is causing a 1,060
significant and unreasonable disruption to the educational 1,061
process in the school the child is attending.
(D) The court shall hold a hearing as soon as possible, 1,064
but no later than thirty days after the complaint is filed. No 1,065
later than five days before the date on which the court hearing 1,066
is to be held, the court shall send to the entity that placed the 1,067
child in a CERTIFIED foster home in the county and to the 1,068
superintendent written notice by first class mail of the date, 1,069
time, place, and purpose of the court hearing. The hearing shall 1,071
be limited to determining whether the child is causing a
significant and unreasonable disruption to the educational 1,072
26
process. At the conclusion of the hearing, the court shall 1,073
determine whether the child is causing such a disruption. If the 1,075
court determines the child is causing such a disruption, the
court shall order the entity that placed the child in a CERTIFIED 1,076
foster home in the county to remove the child from the county. 1,078
If the court determines the child is not causing such a 1,079
disruption, the court shall dismiss the complaint. 1,080
(E) If the court orders the removal of a child, the court 1,083
shall send written notice of the removal order to the juvenile 1,084
court that journalized a case plan as part of its dispositional 1,085
order pursuant to section 2151.35 of the Revised Code or issued 1,087
any order pursuant to Chapter 2151. of the Revised Code requiring 1,090
placement of the child in a CERTIFIED foster home in the county 1,091
from which the child is ordered removed. On receipt of the 1,092
removal notice, the juvenile court receiving the removal notice 1,093
shall enter the notice on its journal and shall do one of the 1,094
following:
(1) If a case plan was journalized as part of the 1,096
dispositional order, the court shall schedule a hearing under 1,097
section 2151.417 of the Revised Code to be held no later than ten 1,100
days after the removal notice was received. The court shall give 1,101
notice of the date, time, and location of the hearing to all 1,102
parties and the guardian ad litem. At the hearing, the court 1,103
shall make appropriate changes to the case plan consistent with 1,104
the removal order and journalize the case plan.
(2) If no case plan was journalized as part of the 1,106
dispositional order, the court shall immediately issue a new 1,107
order concerning the child's placement pursuant to Chapter 2151. 1,109
of the Revised Code that is consistent with the removal order. 1,112
(F) This section does not affect the jurisdiction of a 1,115
court with respect to a child for which the court issued a 1,116
dispositional order pursuant to Chapter 2151. of the Revised 1,117
Code.
Sec. 2151.62. (A) This section applies only to a child 1,126
27
who is or previously has been adjudicated a delinquent child for 1,127
an act to which any of the following applies: 1,128
(1) It is a violation of section 2903.01, 2903.02, 1,130
2903.03, 2903.04, 2903.11, 2903.12, 2903.13, 2907.02, 2907.03, or 1,131
2907.05 of the Revised Code;
(2) It is a violation of section 2923.01 of the Revised 1,134
Code and involved an attempt to commit aggravated murder or 1,135
murder;
(3) It would be a felony if committed by an adult and the 1,137
court determined that the child, if an adult, would be guilty of 1,138
a specification found in section 2941.141, 2941.144, or 2941.145 1,139
of the Revised Code or in another section of the Revised Code 1,141
that relates to the possession or use of a firearm, as defined in 1,142
section 2923.11 of the Revised Code, during the commission of the 1,143
act for which the child was adjudicated a delinquent child. 1,144
(B)(1) Except as provided in division (E) of this section, 1,147
a public children services agency, private child placing agency, 1,149
private noncustodial agency, or court, the department of youth
services, or another private or government entity shall not place 1,150
a child in a CERTIFIED foster home until it provides the foster 1,151
caregivers with all of the following: 1,153
(a) A written report describing the child's social 1,155
history;
(b) A written report describing all the acts committed by 1,157
the child the entity knows of that resulted in the child being 1,160
adjudicated a delinquent child and the disposition made by the 1,161
court, unless the records pertaining to the acts have been sealed 1,162
pursuant to section 2151.358 of the Revised Code; 1,163
(c) A written report describing any other violent act 1,165
committed by the child of which the entity is aware; 1,167
(d) The substantial and material conclusions and 1,169
recommendations of any psychiatric or psychological examination 1,171
conducted on the child or, if no psychological or psychiatric 1,172
examination of the child is available, the substantial and 1,173
28
material conclusions and recommendations of an examination to 1,174
detect mental and emotional disorders conducted in compliance 1,175
with the requirements of Chapter 4757. of the Revised Code by an
independent social worker, social worker, professional clinical 1,176
counselor, or professional counselor licensed under that chapter. 1,177
The entity shall not provide any part of a psychological, 1,178
psychiatric, or mental and emotional disorder examination to the 1,179
foster caregivers other than the substantial and material 1,180
conclusions.
(2) Notwithstanding section 2151.358 of the Revised Code, 1,183
if records of an adjudication that a child is a delinquent child 1,184
have been sealed pursuant to that section and an entity knows the
records have been sealed, the entity shall provide the foster 1,185
caregivers a written statement that the records of a prior 1,186
adjudication have been sealed.
(C) The entity that places the child in a CERTIFIED foster 1,189
home shall conduct a psychological examination of the child, 1,191
except that the entity is not required to conduct the examination
if such an examination was conducted no more than one year prior 1,192
to the child's placement. No later than sixty days after placing 1,193
the child, the entity shall provide the foster caregiver a 1,195
written report detailing the substantial and material conclusions
and recommendations of the examination conducted pursuant to this 1,197
division.
(D)(1) Except as provided in divisions (D)(2) and (3) of 1,199
this section, the expenses of conducting the examinations and 1,201
preparing the reports and assessment required by division (B) or 1,202
(C) of this section shall be paid by the entity that places the 1,203
child in the CERTIFIED foster home. 1,204
(2) When a juvenile court grants temporary or permanent 1,206
custody of a child pursuant to any section of the Revised Code, 1,207
including section 2151.33, 2151.353, 2151.354, or 2151.355 of the 1,209
Revised Code, to a public children services agency or private 1,210
child placing agency, the court shall provide the agency the 1,212
29
information described in division (B) of this section, pay the 1,214
expenses of preparing that information, and, if a new examination 1,215
is required to be conducted, pay the expenses of conducting the 1,216
examination described in division (C) of this section. On 1,217
receipt of the information described in division (B) of this
section, the agency shall provide to the court written 1,218
acknowledgment that the agency received the information. The 1,219
court shall keep the acknowledgment and provide a copy to the 1,220
agency. On the motion of the agency, the court may terminate the 1,221
order granting temporary or permanent custody of the child to 1,222
that agency, if the court does not provide the information 1,223
described in division (B) of this section. 1,224
(3) If one of the following entities is placing a child in 1,226
a CERTIFIED foster home with the assistance of or by contracting 1,228
with a public children services agency, private child placing 1,229
agency, or a private noncustodial agency, the entity shall 1,230
provide the agency with the information described in division (B) 1,231
of this section, pay the expenses of preparing that information,
and, if a new examination is required to be conducted, pay the 1,232
expenses of conducting the examination described in division (C) 1,233
of this section: 1,234
(a) The department of youth services if the placement is 1,236
pursuant to any section of the Revised Code including section 1,237
2151.38, 5139.06, 5139.07, 5139.38, or 5139.39 of the Revised 1,239
Code;
(b) A juvenile court with temporary or permanent custody 1,241
of a child pursuant to section 2151.354 or 2151.355 of the 1,242
Revised Code;
(c) A public children services agency or private child 1,244
placing agency with temporary or permanent custody of the child. 1,245
The agency receiving the information described in division 1,247
(B) of this section shall provide the entity described in 1,249
division (D)(3)(a) to (c) of this section that sent the 1,250
information written acknowledgment that the agency received the 1,252
30
information and provided it to the foster caregivers. The entity
shall keep the acknowledgment and provide a copy to the agency. 1,254
An entity that places a child in a CERTIFIED foster home with the 1,255
assistance of or by contracting with an agency remains 1,256
responsible to provide the information described in division (B) 1,258
of this section to the foster caregivers unless the entity 1,259
receives written acknowledgment that the agency provided the 1,260
information.
(E) If a child is placed in a CERTIFIED foster home as a 1,263
result of an emergency removal of the child from home pursuant to 1,264
division (D) of section 2151.31 of the Revised Code, an emergency 1,266
change in the child's case plan pursuant to division (E)(3) of 1,268
section 2151.412 of the Revised Code, or an emergency placement 1,269
by the department of youth services pursuant to this chapter or 1,270
Chapter 5139. of the Revised Code, the entity that places the 1,271
child in the CERTIFIED foster home shall provide the information 1,273
described in division (B) of this section no later than 1,275
ninety-six hours after the child is placed in the CERTIFIED
foster home. 1,276
(F) On receipt of the information described in divisions 1,278
(B) and (C) of this section, the foster caregiver shall provide 1,280
to the entity that places the child in the foster caregiver's
home a written acknowledgment that the foster caregiver received 1,281
the information. The entity shall keep the acknowledgment and 1,283
provide a copy to the foster caregiver. 1,284
(G) No person employed by an entity subject to this 1,286
section and made responsible by that entity for the child's 1,287
placement in a CERTIFIED foster home shall fail to provide the 1,290
foster caregivers with the information required by divisions (B) 1,291
and (C) of this section. 1,292
(H) It is not a violation of any duty of confidentiality 1,295
provided for in the Revised Code or a code of professional 1,297
responsibility for a person or government entity to provide the 1,298
substantial and material conclusions and recommendations of a 1,299
31
psychiatric or psychological examination, or an examination to 1,300
detect mental and emotional disorders, in accordance with 1,301
division (B)(1)(d) or (C) of this section. 1,303
Sec. 3313.64. (A) As used in this section and in section 1,312
3313.65 of the Revised Code: 1,313
(1) "Parent" means either parent, unless the parents are 1,315
separated or divorced or their marriage has been dissolved or 1,316
annulled, in which case "parent" means the parent who is the 1,317
residential parent and legal custodian of the child. When a 1,318
child is in the legal custody of a government agency or a person 1,319
other than the child's natural or adoptive parent, "parent" means 1,320
the parent with residual parental rights, privileges, and 1,321
responsibilities. When a child is in the permanent custody of a 1,322
government agency or a person other than the child's natural or 1,323
adoptive parent, "parent" means the parent who was divested of 1,324
parental rights and responsibilities for the care of the child 1,325
and the right to have the child live with the parent and be the 1,326
legal custodian of the child and all residual parental rights, 1,328
privileges, and responsibilities. 1,329
(2) "Legal custody," "permanent custody," and "residual 1,331
parental rights, privileges, and responsibilities" have the same 1,332
meanings as in section 2151.011 of the Revised Code. 1,333
(3) "School district" or "district" means a city, local, 1,335
or exempted village school district and excludes any school 1,336
operated in an institution maintained by the department of youth 1,337
services. 1,338
(4) Except as used in division (C)(2) of this section, 1,340
"home" means a home, institution, family foster home, group home, 1,341
or other residential facility in this state that receives and 1,342
cares for children, to which any of the following applies: 1,343
(a) The home is licensed, certified, or approved for such 1,345
purpose by the state or is maintained by the department of youth 1,346
services. 1,347
(b) The home is operated by a person who is licensed, 1,349
32
certified, or approved by the state to operate the home for such 1,350
purpose. 1,351
(c) The home accepted the child through a placement by a 1,353
person licensed, certified, or approved to place a child in such 1,354
a home by the state. 1,355
(d) The home is a children's home created under section 1,357
5153.21 or 5153.36 of the Revised Code. 1,358
(5) "Agency" means all of the following: 1,360
(a) A public children services agency; 1,362
(b) An organization that holds a certificate issued by the 1,364
Ohio department of human services in accordance with the 1,365
requirements of section 5103.03 of the Revised Code and assumes 1,366
temporary or permanent custody of children through commitment, 1,367
agreement, or surrender, and places children in family homes for 1,368
the purpose of adoption; 1,369
(c) Comparable agencies of other states or countries that 1,371
have complied with applicable requirements of section 2151.39, or 1,372
sections 5103.20 to 5103.28 of the Revised Code. 1,373
(6) A child is placed for adoption if either of the 1,375
following occurs: 1,376
(a) An agency to which the child has been permanently 1,378
committed or surrendered enters into an agreement with a person 1,379
pursuant to section 5103.06 of the Revised Code for the care and 1,380
adoption of the child. 1,381
(b) The child's natural parent places the child pursuant 1,383
to section 5103.16 of the Revised Code with a person who will 1,384
care for and adopt the child. 1,385
(7) "Handicapped preschool child" means a handicapped 1,387
child, as defined by division (A) of section 3323.01 of the 1,388
Revised Code, who is at least three years of age but is not of 1,389
compulsory school age, as defined in section 3321.01 of the 1,390
Revised Code, and who has not entered kindergarten. 1,391
(8) "Child," unless otherwise indicated, includes 1,393
handicapped preschool children. 1,394
33
(B) Except as otherwise provided in section 3321.01 of the 1,396
Revised Code for admittance to kindergarten and first grade, a 1,397
child who is at least five but under twenty-two years of age and 1,398
any handicapped preschool child shall be admitted to school as 1,399
provided in this division. 1,400
(1) A child shall be admitted to the schools of the school 1,402
district in which the child's parent resides. 1,403
(2) A child who does not reside in the district where the 1,406
child's parent resides shall be admitted to the schools of the
district in which the child resides if any of the following 1,408
applies:
(a) The child is in the legal or permanent custody of a 1,410
government agency or a person other than the child's natural or 1,412
adoptive parent. 1,413
(b) The child resides in a home. 1,415
(c) The child requires special education. 1,417
(3) A child who is not entitled under division (B)(2) of 1,419
this section to be admitted to the schools of the district where 1,420
the child resides and who is residing with a resident of this 1,421
state with whom the child has been placed for adoption shall be 1,423
admitted to the schools of the district where the child resides 1,425
unless either of the following applies: 1,426
(a) The placement for adoption has been terminated. 1,428
(b) Another school district is required to admit the child 1,430
under division (B)(1) of this section. 1,431
Division (B) of this section does not prohibit the board of 1,433
education of a school district from placing a handicapped child 1,434
who resides in the district in a special education program 1,435
outside of the district or its schools in compliance with Chapter 1,436
3323. of the Revised Code. 1,437
(C) A district shall not charge tuition for children 1,439
admitted under division (B)(1) or (3) of this section. If the 1,440
district admits a child under division (B)(2) of this section, 1,441
tuition shall be paid to the district that admits the child as 1,442
34
follows: 1,443
(1) If the child receives special education in accordance 1,445
with Chapter 3323. of the Revised Code, tuition shall be paid in 1,446
accordance with section 3323.091, 3323.13, 3323.14, or 3323.141 1,447
of the Revised Code regardless of who has custody of the child or 1,448
whether the child resides in a home. 1,449
(2) Except as otherwise provided in division (C)(2)(d) of 1,451
this section, if the child is in the permanent or legal custody 1,452
of a government agency or person other than the child's parent, 1,453
tuition shall be paid by: 1,454
(a) The district in which the child's parent resided at 1,456
the time the court removed the child from home or at the time the 1,458
court vested legal or permanent custody of the child in the
person or government agency, whichever occurred first; or 1,459
(b) If the parent's residence at the time the court 1,461
removed the child from home or placed the child in the legal or 1,463
permanent custody of the person or government agency is unknown,
tuition shall be paid by the district in which the child resided 1,464
at the time the child was removed from home or placed in legal or 1,466
permanent custody, whichever occurred first; or
(c) If a school district cannot be established under 1,468
division (C)(2)(a) or (b) of this section, tuition shall be paid 1,469
by the district determined as required by section 2151.357 of the 1,470
Revised Code by the court at the time it vests custody of the 1,471
child in the person or government agency.; 1,472
(d) If at the time the court removed the child from home 1,475
or vested legal or permanent custody of the child in the person 1,476
or government agency, whichever occurred first, one parent was in 1,477
a residential or correctional facility or a juvenile residential 1,478
placement and the other parent, if living and not in such a 1,479
facility or placement, was not known to reside in this state, 1,480
tuition shall be paid by the district determined under division 1,481
(D) of section 3313.65 of the Revised Code as the district 1,482
required to pay any tuition while the parent was in such facility 1,483
35
or placement.
(3) If the child is not in the permanent or legal custody 1,485
of a government agency or person other than the child's parent 1,487
and the child resides in a home, tuition shall be paid by one of 1,488
the following:
(a) The school district in which the child's parent 1,490
resides; 1,491
(b) If the child's parent is not a resident of this state, 1,493
the home in which the child resides. 1,494
(D) Tuition required to be paid under divisions (C)(2) and 1,496
(3)(a) of this section shall be computed in accordance with 1,497
section 3317.08 of the Revised Code. Tuition required to be paid 1,498
under division (C)(3)(b) of this section shall be computed in 1,499
accordance with section 3317.081 of the Revised Code. If a home 1,500
fails to pay the tuition required by division (C)(3)(b) of this 1,501
section, the board of education providing the education may 1,502
recover in a civil action the tuition and the expenses incurred 1,503
in prosecuting the action, including court costs and reasonable 1,504
attorney's fees. If the prosecuting attorney or city director of 1,505
law represents the board in such action, costs and reasonable 1,506
attorney's fees awarded by the court, based upon the prosecuting 1,507
attorney's, director's, or one of their designee's time spent 1,509
preparing and presenting the case, shall be deposited in the 1,510
county or city general fund. 1,511
(E) A board of education may enroll a child free of any 1,513
tuition obligation for a period not to exceed sixty days, on the 1,514
sworn statement of an adult resident of the district that the 1,515
resident has initiated legal proceedings for custody of the 1,517
child.
(F) In the case of any individual entitled to attend 1,519
school under this division, no tuition shall be charged by the 1,520
school district of attendance and no other school district shall 1,521
be required to pay tuition for the individual's attendance. 1,522
Notwithstanding division (B), (C), or (E) of this section: 1,523
36
(1) All persons at least eighteen but under twenty-two 1,525
years of age who live apart from their parents, support 1,526
themselves by their own labor, and have not successfully 1,527
completed the high school curriculum or the individualized 1,528
education program developed for the person by the high school 1,529
pursuant to section 3323.08 of the Revised Code, are entitled to 1,530
attend school in the district in which they reside. 1,531
(2) Any child under eighteen years of age who is married 1,533
is entitled to attend school in the child's district of 1,534
residence. 1,535
(3) A child is entitled to attend school in the district 1,537
in which either of the child's parents is employed if the child 1,539
has a medical condition that may require emergency medical 1,540
attention. The parent of a child entitled to attend school under 1,541
division (F)(3) of this section shall submit to the board of 1,542
education of the district in which the parent is employed a 1,543
statement from the child's physician certifying that the child's 1,544
medical condition may require emergency medical attention. The 1,545
statement shall be supported by such other evidence as the board 1,546
may require.
(4) Any child residing with a person other than the 1,548
child's parent is entitled, for a period not to exceed twelve 1,550
months, to attend school in the district in which that person 1,551
resides if the child's parent files an affidavit with the 1,552
superintendent of the district in which the person with whom the 1,553
child is living resides stating all of the following: 1,554
(a) That the parent is serving outside of the state in the 1,556
armed services of the United States; 1,557
(b) That the parent intends to reside in the district upon 1,559
returning to this state; 1,560
(c) The name and address of the person with whom the child 1,562
is living while the parent is outside the state. 1,563
(5) Any child under the age of twenty-two years who, after 1,565
the death of a parent, resides in a school district other than 1,566
37
the district in which the child attended school at the time of 1,567
the parent's death is entitled to continue to attend school in 1,568
the district in which the child attended school at the time of 1,569
the parent's death for the remainder of the school year, subject 1,570
to approval of that district board. 1,571
(6) A child under the age of twenty-two years who resides 1,573
with a parent who is having a new house built in a school 1,574
district outside the district where the parent is residing is 1,575
entitled to attend school for a period of time in the district 1,576
where the new house is being built. In order to be entitled to 1,577
such attendance, the parent shall provide the district 1,578
superintendent with the following: 1,579
(a) A sworn statement explaining the situation, revealing 1,581
the location of the house being built, and stating the parent's 1,582
intention to reside there upon its completion; 1,583
(b) A statement from the builder confirming that a new 1,585
house is being built for the parent and that the house is at the 1,586
location indicated in the parent's statement. 1,587
(7) A child under the age of twenty-two years residing 1,589
with a parent who has a contract to purchase a house in a school 1,590
district outside the district where the parent is residing and 1,591
who is waiting upon the date of closing of the mortgage loan for 1,592
the purchase of such house is entitled to attend school for a 1,593
period of time in the district where the house is being 1,594
purchased. In order to be entitled to such attendance, the 1,595
parent shall provide the district superintendent with the 1,596
following: 1,597
(a) A sworn statement explaining the situation, revealing 1,599
the location of the house being purchased, and stating the 1,600
parent's intent to reside there; 1,601
(b) A statement from a real estate broker or bank officer 1,603
confirming that the parent has a contract to purchase the house, 1,604
that the parent is waiting upon the date of closing of the 1,605
mortgage loan, and that the house is at the location indicated in 1,606
38
the parent's statement. 1,607
The district superintendent shall establish a period of 1,609
time not to exceed ninety days during which the child entitled to 1,610
attend school under division (F)(6) or (7) of this section may 1,611
attend without tuition obligation. A student attending a school 1,612
under division (F)(6) or (7) of this section shall be eligible to 1,613
participate in interscholastic athletics under the auspices of 1,614
that school, provided the board of education of the school 1,615
district where the student's parent resides, by a formal action, 1,616
releases the student to participate in interscholastic athletics 1,617
at the school where the student is attending, and provided the 1,618
student receives any authorization required by a public agency or 1,619
private organization of which the school district is a member 1,620
exercising authority over interscholastic sports. 1,621
(8) A child whose parent is a full-time employee of a 1,623
city, local, or exempted village school district may be admitted 1,624
to the schools of the district where the child's parent is 1,625
employed, provided the board of education establishes such an 1,627
admission policy by resolution adopted by a majority of its 1,628
members. Any such policy shall take effect on the first day of 1,629
the school year and the effective date of any amendment or repeal 1,630
may not be prior to the first day of the subsequent school year. 1,631
The policy shall be uniformly applied to all such children and 1,632
shall provide for the admission of any such child upon request of 1,633
the parent. No child may be admitted under this policy after the 1,634
first day of classes of any school year. 1,635
(9) A child who is with the child's parent under the care 1,637
of a shelter for victims of domestic violence, as defined in 1,639
section 3113.33 of the Revised Code, is entitled to attend school 1,640
free in the district in which the child is with his THE CHILD'S 1,641
parent, and no other school district shall be required to pay 1,644
tuition for the child's attendance in that school district. 1,646
The enrollment of a child in a school district under this 1,648
division shall not be denied due to a delay in the school 1,649
39
district's receipt of any records required under section 3313.672 1,650
of the Revised Code or any other records required for enrollment. 1,651
Any days of attendance and any credits earned by a child while 1,652
enrolled in a school district under this division shall be 1,653
transferred to and accepted by any school district in which the 1,654
child subsequently enrolls. The state board of education shall 1,655
adopt rules to ensure compliance with this division. 1,656
(10) Any child under the age of twenty-two years whose 1,658
parent has moved out of the school district after the 1,659
commencement of classes in the child's senior year of high school 1,660
is entitled, subject to the approval of that district board, to 1,661
attend school in the district in which the child attended school 1,662
at the time of the parental move for the remainder of the school 1,663
year and for one additional semester or equivalent term. A 1,665
district board may also adopt a policy specifying extenuating 1,666
circumstances under which a student may continue to attend school 1,667
under division (F)(10) of this section for an additional period 1,668
of time in order to successfully complete the high school 1,669
curriculum for the individualized education program developed for 1,670
the student by the high school pursuant to section 3323.08 of the 1,671
Revised Code.
(11) As used in this division, "grandparent" means a 1,673
parent of a parent of a child. A child under the age of 1,674
twenty-two years who is in the custody of the child's parent, 1,676
resides with a grandparent, and does not require special 1,677
education is entitled to attend the schools of the district in 1,678
which the child's grandparent resides, provided that, prior to 1,680
such attendance in any school year, the board of education of the 1,681
school district in which the child's grandparent resides and the 1,682
board of education of the school district in which the child's 1,684
parent resides enter into a written agreement specifying that 1,686
good cause exists for such attendance, describing the nature of 1,687
this good cause, and consenting to such attendance. 1,688
In lieu of a consent form signed by a parent, a board of 1,690
40
education may request the grandparent of a child attending school 1,691
in the district in which the grandparent resides pursuant to 1,692
division (F)(11) of this section to complete any consent form 1,693
required by the district, including any authorization required by 1,694
sections 3313.712 and 3313.713 of the Revised Code. Upon 1,695
request, the grandparent shall complete any consent form required 1,696
by the district. A school district shall not incur any liability 1,697
solely because of its receipt of a consent form from a 1,698
grandparent in lieu of a parent. 1,699
Division (F)(11) of this section does not create, and shall 1,702
not be construed as creating, a new cause of action or 1,703
substantive legal right against a school district, a member of a 1,704
board of education, or an employee of a school district. This 1,705
section does not affect, and shall not be construed as affecting, 1,706
any immunities from defenses to tort liability created or 1,707
recognized by Chapter 2744. of the Revised Code for a school 1,708
district, member, or employee.
(12) A child under the age of twenty-two years is entitled 1,711
to attend school in a school district other than the district in
which the child is entitled to attend school under division (B), 1,713
(C), or (E) of this section provided that, prior to such 1,715
attendance in any school year, both of the following occur: 1,716
(a) The superintendent of the district in which the child 1,718
is entitled to attend school under division (B), (C), or (E) of 1,721
this section contacts the superintendent of another district for
purposes of this division; 1,723
(b) The superintendents of both districts enter into a 1,726
written agreement that consents to the attendance and specifies
that the purpose of such attendance is to protect the student's 1,728
physical or mental well-being or to deal with other extenuating 1,729
circumstances deemed appropriate by the superintendents.
While an agreement is in effect under this division for a 1,731
student who is not receiving special education under Chapter 1,732
3323. of the Revised Code and notwithstanding Chapter 3327. of 1,733
41
the Revised Code, the board of education of neither school 1,734
district involved in the agreement is required to provide 1,735
transportation for the student to and from the school where the 1,736
student attends.
A student attending a school of a district pursuant to this 1,738
division shall be allowed to participate in all student 1,739
activities, including interscholastic athletics, at the school 1,740
where the student is attending on the same basis as any student 1,741
who has always attended the schools of that district while of 1,742
compulsory school age.
(G) A board of education, after approving admission, may 1,744
waive tuition for students who will temporarily reside in the 1,745
district and who are either of the following: 1,746
(1) Residents or domiciliaries of a foreign nation who 1,748
request admission as foreign exchange students; 1,749
(2) Residents or domiciliaries of the United States but 1,751
not of Ohio who request admission as participants in an exchange 1,752
program operated by a student exchange organization. 1,753
(H) Pursuant to sections 3311.211, 3313.90, 3319.01, 1,755
3323.04, 3327.04, and 3327.06 of the Revised Code, a child may 1,756
attend school or participate in a special education program in a 1,757
school district other than in the district where the child is 1,758
entitled to attend school under division (B) of this section. 1,759
(I) This division does not apply to a child receiving 1,761
special education. 1,762
A school district required to pay tuition pursuant to 1,764
division (C)(2) or (3) of this section or section 3313.65 of the 1,765
Revised Code shall have an amount deducted under division (F) of 1,767
section 3317.023 of the Revised Code equal to its own tuition 1,768
rate for the same period of attendance. A school district 1,769
entitled to receive tuition pursuant to division (C)(2) or (3) of 1,770
this section or section 3313.65 of the Revised Code shall have an 1,771
amount credited under division (F) of section 3317.023 of the 1,773
Revised Code equal to its own tuition rate for the same period of 1,774
42
attendance. If the tuition rate credited to the district of 1,775
attendance exceeds the rate deducted from the district required 1,776
to pay tuition, the department of education shall pay the 1,777
district of attendance the difference from amounts deducted from 1,778
all districts' payments under division (F) of section 3317.023 of 1,780
the Revised Code but not credited to other school districts under 1,781
such division and from appropriations made for such purpose. The 1,782
treasurer of each school district shall, by the fifteenth day of 1,783
January and July, furnish the superintendent of public 1,784
instruction a report of the names of each child who attended the 1,785
district's schools under divisions (C)(2) and (3) of this section 1,786
or section 3313.65 of the Revised Code during the preceding six 1,787
calendar months, the duration of the attendance of those 1,788
children, the school district responsible for tuition on behalf 1,789
of the child, and any other information that the superintendent 1,790
requires. 1,791
Upon receipt of the report the superintendent, pursuant to 1,793
division (F) of section 3317.023 of the Revised Code, shall 1,794
deduct each district's tuition obligations under divisions (C)(2) 1,795
and (3) of this section or section 3313.65 of the Revised Code 1,796
and pay to the district of attendance that amount plus any amount 1,797
required to be paid by the state. 1,798
(J) In the event of a disagreement, the superintendent of 1,800
public instruction shall determine the school district in which 1,801
the parent resides. 1,802
(K) Nothing in this section requires or authorizes, or 1,804
shall be construed to require or authorize, the admission to a 1,805
public school in this state of a pupil who has been permanently 1,806
excluded from public school attendance by the superintendent of 1,807
public instruction pursuant to sections 3301.121 and 3313.662 of 1,808
the Revised Code. 1,809
Sec. 5101.14. (A) Within available funds, the department 1,822
of human services shall make payments to the counties within 1,823
thirty days after the beginning of each calendar quarter for a 1,824
43
part of their costs for services to children performed pursuant 1,825
to Chapter 5153. of the Revised Code. 1,826
Funds provided to the county under this section shall be 1,828
deposited into the children services fund created pursuant to 1,830
section 5101.144 of the Revised Code.
(B)(1) The funds distributed under this section shall be 1,832
used for the following: 1,833
(a) Home-based services to children and families; 1,835
(b) Protective services to children; 1,837
(c) To find, develop, and approve adoptive homes; 1,839
(d) Short-term, out-of-home care and treatment for 1,841
children;
(e) Costs for the care of a child who resides with a 1,844
caretaker relative, other than the child's parent, and is in the 1,845
legal custody of a public children services agency pursuant to a 1,846
voluntary temporary custody agreement entered into under division 1,847
(A) of section 5103.15 of the Revised Code or in the legal 1,849
custody of a public children services agency or the caretaker 1,850
relative pursuant to an allegation or adjudication of abuse, 1,851
neglect, or dependency made under Chapter 2151. of the Revised 1,853
Code; 1,854
(f) Other services a public children services agency 1,857
considers necessary to protect children from abuse, neglect, or 1,858
dependency.
(2) No funds distributed under this section shall be used 1,861
for the costs of maintaining a child in a children's home owned 1,862
and operated by the county. 1,863
(C) In each fiscal year, the amount of funds available for 1,865
distribution under this section shall be allocated to counties as 1,867
follows:
(1) If the amount is less than the amount initially 1,869
appropriated for the immediately preceding fiscal year, each 1,870
county shall receive an amount equal to the percentage of the 1,871
funding it received in the immediately preceding fiscal year, 1,872
44
exclusive of any releases from or additions to the allocation or 1,873
any sanctions imposed under this section; 1,874
(2) If the amount is equal to the amount initially 1,876
appropriated for the immediately preceding fiscal year, each 1,877
county shall receive an amount equal to the amount it received in 1,879
the preceding fiscal year, exclusive of any releases from or
additions to the allocation or any sanctions imposed under this 1,880
section; 1,881
(3) If the amount is greater than the amount initially 1,883
appropriated for the immediately preceding fiscal year, each 1,884
county shall receive the amount determined under division (C)(2) 1,886
of this section as a base allocation, plus a percentage of the 1,887
amount that exceeds the amount initially appropriated for the 1,888
immediately preceding fiscal year. The amount exceeding the 1,889
amount initially appropriated in the immediately preceding fiscal 1,890
year shall be allocated to the counties as follows: 1,891
(a) Twelve per cent divided equally among all counties; 1,893
(b) Forty-eight per cent in the ratio that the number of 1,895
residents of the county under the age of eighteen bears to the 1,897
total number of such persons residing in this state; 1,898
(c) Forty per cent in the ratio that the number of 1,900
residents of the county with incomes under the federal poverty 1,901
guideline bears to the total number of such persons in this 1,903
state.
As used in division (C)(3)(c) of this section, "federal 1,906
poverty guideline" means the poverty guideline as defined by the 1,908
United States office of management and budget and revised by the 1,909
United States secretary of health and human services in 1,910
accordance with section 673 of the "Community Services Block 1,911
Grant Act," 95 Stat. 511 (1981), 42 U.S.C.A. 9902, as amended. 1,912
(D)(C) The department may adopt rules as necessary for the 1,915
allocation of funds under this section. The rules shall be 1,916
adopted in accordance with section 111.15 of the Revised Code. 1,917
(E)(D)(1) As used in this division, "services to children" 1,919
45
includes only children's protective services, home-based services 1,920
to children and families, family foster home services, 1,921
residential treatment services, adoptive services, and 1,922
independent living services. 1,923
(2) Except as otherwise provided in this section, the 1,925
allocation of funds for a fiscal year to a county under this 1,926
section shall be reduced by the department if in the preceding 1,927
calendar year the total amount expended for services to children 1,928
from local funds and funds distributed to the county under 1,929
section 5101.46 of the Revised Code was less than the total 1,930
expended from those sources in the second preceding calendar 1,931
year. The reduction shall be equal to the difference between the 1,932
total expended in the preceding calendar year and the total 1,933
expended in the second preceding calendar year. 1,934
The determination of whether the amount expended for 1,936
services to children was less in the preceding calendar year than 1,937
in the second preceding calendar year shall not include a 1,938
difference due to any of the following factors to the extent that 1,939
the difference does not exceed the amount attributable to that 1,940
factor: 1,941
(a) An across-the-board reduction in the county budget as 1,943
a whole; 1,944
(b) A reduced or failed levy specifically earmarked for 1,946
children services; 1,947
(c) A reduced allocation of funds to the county under 1,949
section 5101.24 of the Revised Code; 1,950
(d) The closure of, or a reduction in the operating 1,952
capacity of, a children's home owned and operated by the county. 1,953
(3) Funds withheld under this division may be reallocated 1,955
by the department to other counties. The department may grant 1,956
whole or partial waivers of the provisions of this division. 1,957
(E) public agency 1,959
(F) Children who are in the temporary or permanent custody 1,961
of a certified public or private nonprofit agency or institution, 1,962
46
or who are in adoptions subsidized under division (B) of section 1,963
5153.163 of the Revised Code are eligible for medical assistance 1,964
through the medical assistance program established under section 1,965
5111.01 of the Revised Code. 1,966
(G) Within ninety days after the end of each fiscal year, 1,968
each county shall return any unspent funds to the department. 1,969
(H) The department shall prepare an annual report 1,971
detailing on a county-by-county basis the services provided with 1,972
funds distributed under this section. The report shall be 1,973
submitted to the general assembly by the thirtieth day of 1,974
September each year and also shall be made available to the 1,975
public. 1,976
(I) In accordance with Chapter 119. of the Revised Code, 1,978
the director shall adopt, and may amend and rescind, rules 1,979
prescribing reports on expenditures to be submitted by the 1,980
counties as necessary for the implementation of this section. 1,981
Sec. 5101.141. (A) The department of human services shall 1,991
act as the single state agency to administer federal payments for 1,992
foster care and adoption assistance made pursuant to Title IV-E 1,993
of the "Social Security Act," 94 Stat. 501, 42 U.S.C.A. 670 1,994
(1980), as amended, and shall adopt rules to implement this
authority. Internal management rules governing financial and 1,996
administrative requirements applicable to public children 1,997
services agencies shall be adopted in accordance with section 1,998
111.15 of the Revised Code. Rules establishing eligibility, 2,001
program participation, and other requirements shall be adopted in 2,002
accordance with Chapter 119. of the Revised Code. A public
children services agency to which the department distributes 2,003
Title IV-E funds shall administer the funds in accordance with 2,005
those rules. 2,006
(B)(1) The county, on behalf of each child eligible for 2,009
foster care maintenance payments under Title IV-E of the "Social 2,010
Security Act," shall make payments to cover the cost of providing 2,011
all of the following:
47
(a) The child's food, clothing, shelter, daily 2,013
supervision, and school supplies; 2,014
(b) The child's personal incidentals; 2,016
(c) Reasonable travel to the child's home for visitation. 2,018
(2) In addition to payments made under division (B)(1) of 2,020
this section, the county may, on behalf of each child eligible 2,021
for foster care maintenance payments under Title IV-E of the 2,025
"Social Security Act," make payments to cover the cost of 2,028
providing the following:
(a) Liability insurance with respect to the child; 2,031
(b) If the county is participating in the demonstration 2,034
project established under division (A) of section 5101.142 of the 2,035
Revised Code, services provided under the project. 2,036
(3) With respect to a child who is in a child-care 2,038
institution, including any type of group home designed for the 2,039
care of children or any privately operated program consisting of 2,040
two or more family CERTIFIED foster homes operated by a common 2,041
administrative unit, the foster care maintenance payments made by 2,042
the county on behalf of the child shall include the reasonable 2,043
cost of the administration and operation of the institution, 2,044
group home, or program, as necessary to provide the items 2,045
described in division DIVISIONS (B)(1) and (2) of this section. 2,046
(C) To the extent that either foster care maintenance 2,048
payments under division (B) of this section or Title IV-E 2,049
adoption assistance payments for maintenance costs require the 2,050
expenditure of county funds, the board of county commissioners 2,051
shall report the nature and amount of each expenditure of county 2,052
funds to the department. 2,053
(D) The department shall distribute to public children 2,056
services agencies that incur and report such expenditures federal 2,057
financial participation received for administrative and training 2,058
costs incurred in the operation of foster care maintenance and 2,059
adoption assistance programs. The department may withhold not 2,060
more than two per cent of the federal financial participation 2,061
48
received. The funds withheld shall be in addition to any 2,062
administration and training cost for which the department is 2,063
reimbursed through its own cost allocation plan. 2,064
(E) All federal funds received by a county pursuant to 2,066
this section shall be deposited into the county's children 2,067
services fund created pursuant to section 5101.144 of the Revised 2,069
Code.
(F) The department shall periodically publish and 2,072
distribute the maximum amounts that the department will reimburse 2,073
public children services agencies for making payments on behalf 2,074
of children eligible for foster care maintenance payments.
(G) The department, by and through its director, is hereby 2,076
authorized to develop, participate in the development of, 2,077
negotiate, and enter into one or more interstate compacts on 2,078
behalf of this state with agencies of any other states, for the 2,079
provision of medical assistance and other social services to 2,080
children in relation to whom all of the following apply:
(1) They have special needs. 2,082
(2) This state or another state that is a party to the 2,084
interstate compact is providing adoption assistance on their 2,085
behalf.
(3) They move into this state from another state or move 2,087
out of this state to another state. 2,088
Sec. 5103.02. As used in sections 5103.03 to 5103.19 of 2,097
the Revised Code: 2,098
(A) "Institution ASSOCIATION" or "association INSTITUTION" 2,101
includes any incorporated or unincorporated organization, 2,102
society, association, or agency, public or private, that receives 2,103
or cares for children for two or more consecutive weeks; any 2,105
individual who, for hire, gain, or reward, receives or cares for 2,106
children for two or more consecutive weeks, unless the individual
is related to them by blood or marriage; and any individual not 2,107
in the regular employ of a court, or of an institution or 2,109
association certified in accordance with section 5103.03 of the 2,110
49
Revised Code, who in any manner becomes a party to the placing of 2,111
children in foster homes, unless the individual is related to 2,112
such children by blood or marriage, or is the appointed guardian
of such children; provided, that any organization, society, 2,113
association, school, agency, child guidance center, detention or 2,114
rehabilitation facility, or children's clinic licensed, 2,115
regulated, approved, operated under the direction of, or 2,116
otherwise certified by the department of education, a local board 2,117
of education, the department of youth services, the department of 2,118
mental health, or the department of mental retardation and 2,119
developmental disabilities, or any individual who provides care 2,120
for only a single-family group, placed there by their parents or 2,121
other relative having custody, shall not be considered as being 2,122
within the purview of these sections. 2,123
(B) "Family foster home" has the same meaning as in 2,126
section 2151.011 of the Revised Code MEANS A FOSTER HOME THAT IS 2,127
NOT A TREATMENT FOSTER HOME. 2,128
(C) "FOSTER HOME" MEANS A PRIVATE RESIDENCE IN WHICH 2,130
CHILDREN ARE RECEIVED APART FROM THEIR PARENTS, GUARDIAN, OR 2,131
LEGAL CUSTODIAN, BY AN INDIVIDUAL FOR HIRE, GAIN, OR REWARD FOR 2,132
NONSECURE CARE, SUPERVISION, OR TRAINING TWENTY-FOUR HOURS A DAY. 2,133
"FOSTER HOME" DOES NOT INCLUDE CARE PROVIDED FOR A CHILD IN THE 2,134
HOME OF A PERSON OTHER THAN THE CHILD'S PARENT, GUARDIAN, OR 2,135
LEGAL CUSTODIAN WHILE THE PARENT, GUARDIAN, OR LEGAL CUSTODIAN IS
TEMPORARILY AWAY. FAMILY FOSTER HOMES AND TREATMENT FOSTER HOMES 2,136
ARE TYPES OF FOSTER HOMES. 2,137
(D) "RECOMMENDING AGENCY" MEANS A PUBLIC CHILDREN SERVICES 2,139
AGENCY, PRIVATE CHILD PLACING AGENCY, OR PRIVATE NONCUSTODIAL 2,140
AGENCY THAT RECOMMENDS THAT THE DEPARTMENT OF HUMAN SERVICES 2,141
CERTIFY OR RECERTIFY A FOSTER HOME UNDER SECTION 5103.03 OF THE 2,142
REVISED CODE.
(E) "Treatment foster home" means a family foster home 2,146
that incorporates special psychological or medical treatment 2,147
REHABILITATIVE SERVICES designed to care for TREAT the specific 2,149
50
needs of the children received in the family foster home and that 2,150
receives and cares for children who are emotionally or
behaviorally disturbed, CHEMICALLY DEPENDENT, ADJUDICATED OR 2,151
ALLEGED DELINQUENT OR UNRULY, medically fragile requiring special 2,152
medical treatment due to physical ailment or condition, mentally 2,153
retarded, or developmentally disabled, OR WHO OTHERWISE HAVE 2,154
EXCEPTIONAL OR INTENSIVE NEEDS. 2,155
Sec. 5103.031. THE DEPARTMENT OF HUMAN SERVICES MAY NOT 2,157
ISSUE A CERTIFICATE UNDER SECTION 5103.03 OF THE REVISED CODE TO 2,158
A FOSTER HOME UNLESS THE FOSTER CAREGIVER SUCCESSFULLY COMPLETES 2,160
THE FOLLOWING AMOUNT OF PRECERTIFICATION TRAINING THROUGH A 2,161
PRECERTIFICATION TRAINING PROGRAM OPERATED UNDER SECTION 5103.033 2,162
OF THE REVISED CODE: 2,163
(A) IF THE FOSTER HOME IS A FAMILY FOSTER HOME, AT LEAST 2,165
THIRTY-SIX HOURS; 2,166
(B) IF THE FOSTER HOME IS A TREATMENT FOSTER HOME, AT 2,168
LEAST FORTY-EIGHT HOURS. 2,169
Sec. 5103.032. THE DEPARTMENT OF HUMAN SERVICES MAY NOT 2,171
RENEW A FOSTER HOME CERTIFICATE UNDER SECTION 5103.03 OF THE 2,172
REVISED CODE UNLESS THE FOSTER CAREGIVER SUCCESSFULLY COMPLETES 2,174
THE FOLLOWING AMOUNT OF CONTINUING TRAINING IN ACCORDANCE WITH 2,175
THE FOSTER CAREGIVER'S NEEDS ASSESSMENT AND CONTINUING TRAINING 2,176
PLAN DEVELOPED AND IMPLEMENTED UNDER SECTION 5103.034 OF THE 2,177
REVISED CODE:
(A) IF THE FOSTER HOME IS A FAMILY FOSTER HOME, AT LEAST 2,179
TWENTY-FOUR HOURS EACH YEAR; 2,180
(B) IF THE FOSTER HOME IS A TREATMENT FOSTER HOME, AT 2,182
LEAST THIRTY-SIX HOURS THE FIRST YEAR THE FOSTER HOME'S INITIAL 2,184
CERTIFICATE IS IN EFFECT AND AT LEAST THIRTY HOURS EACH YEAR 2,185
THEREAFTER.
Sec. 5103.033. A PUBLIC CHILDREN SERVICES AGENCY, PRIVATE 2,188
CHILD PLACING AGENCY, OR PRIVATE NONCUSTODIAL AGENCY OPERATING A 2,190
PRECERTIFICATION TRAINING PROGRAM OR CONTINUING TRAINING PROGRAM 2,191
APPROVED BY THE DEPARTMENT OF HUMAN SERVICES UNDER SECTION 2,192
51
5103.038 OF THE REVISED CODE SHALL MAKE THE PROGRAM AVAILABLE TO 2,194
FOSTER CAREGIVERS. THE AGENCY SHALL MAKE THE PROGRAMS AVAILABLE 2,195
WITHOUT REGARD TO THE TYPE OF RECOMMENDING AGENCY FROM WHICH A 2,196
FOSTER CAREGIVER SEEKS A RECOMMENDATION AND WITHOUT CHARGE TO THE 2,197
FOSTER CAREGIVER.
Sec. 5103.034. A PUBLIC CHILDREN SERVICES AGENCY, PRIVATE 2,199
CHILD PLACING AGENCY, OR PRIVATE NONCUSTODIAL AGENCY ACTING AS A 2,201
RECOMMENDING AGENCY FOR A FOSTER CAREGIVER HOLDING A CERTIFICATE 2,202
ISSUED UNDER SECTION 5103.03 OF THE REVISED CODE SHALL DEVELOP 2,203
AND IMPLEMENT A WRITTEN NEEDS ASSESSMENT AND CONTINUING TRAINING 2,205
PLAN FOR THE FOSTER CAREGIVER. EACH NEEDS ASSESSMENT AND 2,206
CONTINUING TRAINING PLAN SHALL SATISFY ALL OF THE FOLLOWING 2,207
REQUIREMENTS:
(A) BE EFFECTIVE FOR THE TWO-YEAR PERIOD THE FOSTER 2,209
CAREGIVER'S CERTIFICATE IS IN EFFECT; 2,210
(B) BE APPROPRIATE FOR THE TYPE OF FOSTER HOME THE FOSTER 2,212
CAREGIVER OPERATES; 2,213
(C) REQUIRE THE FOSTER CAREGIVER TO SUCCESSFULLY COMPLETE 2,215
THE COURSES EACH CONTINUING TRAINING PROGRAM MUST PROVIDE AS 2,216
SPECIFIED IN SECTION 5103.0311 OF THE REVISED CODE AND ANY OTHER 2,217
COURSES THE AGENCY CONSIDERS APPROPRIATE; 2,218
(D) INCLUDE CRITERIA THE AGENCY IS TO USE TO DETERMINE 2,220
WHETHER THE FOSTER CAREGIVER HAS SUCCESSFULLY COMPLETED THE 2,221
COURSES;
(E) GUARANTEE THAT THE COURSES THE FOSTER CAREGIVER IS 2,223
REQUIRED TO COMPLETE ARE AVAILABLE TO THE FOSTER CAREGIVER. 2,224
Sec. 5103.035. FOR THE PURPOSE OF DETERMINING WHETHER A 2,226
FOSTER CAREGIVER HAS SATISFIED THE REQUIREMENT OF SECTION 2,227
5103.031 OR 5103.032 OF THE REVISED CODE, A RECOMMENDING AGENCY 2,228
SHALL ACCEPT TRAINING OBTAINED PURSUANT TO A PRECERTIFICATION 2,230
TRAINING PROGRAM OR CONTINUING TRAINING PROGRAM OPERATED UNDER 2,232
SECTION 5103.033 OF THE REVISED CODE REGARDLESS OF WHETHER THE 2,233
AGENCY OPERATED THE PRECERTIFICATION TRAINING PROGRAM OR 2,234
CONTINUING TRAINING PROGRAM. THE AGENCY MAY REQUIRE THAT THE 2,235
52
FOSTER CAREGIVER SUCCESSFULLY COMPLETE ADDITIONAL TRAINING AS A 2,236
CONDITION OF THE AGENCY RECOMMENDING THAT THE DEPARTMENT OF HUMAN 2,237
SERVICES CERTIFY OR RECERTIFY THE FOSTER CAREGIVER'S FOSTER HOME 2,238
UNDER SECTION 5103.03 OF THE REVISED CODE. 2,239
Sec. 5103.036. THE DEPARTMENT OF HUMAN SERVICES, IN 2,241
CONSULTATION WITH THE DEPARTMENTS OF YOUTH SERVICES, MENTAL 2,242
HEALTH, AND ALCOHOL AND DRUG ADDICTION SERVICES, SHALL DEVELOP A 2,244
MODEL DESIGN OF A PRECERTIFICATION TRAINING PROGRAM FOR FOSTER 2,246
CAREGIVERS SEEKING AN INITIAL CERTIFICATE UNDER SECTION 5103.03 2,247
OF THE REVISED CODE AND A MODEL DESIGN OF A CONTINUING TRAINING 2,248
PROGRAM FOR FOSTER CAREGIVERS SEEKING RENEWAL OF A CERTIFICATE 2,249
UNDER THAT SECTION. THE MODEL DESIGN OF A PRECERTIFICATION 2,250
TRAINING PROGRAM SHALL COMPLY WITH SECTION 5103.0310 OF THE 2,251
REVISED CODE. THE MODEL DESIGN OF A CONTINUING TRAINING PROGRAM 2,252
SHALL COMPLY WITH SECTION 5103.0311 OF THE REVISED CODE. THE 2,253
DEPARTMENT OF HUMAN SERVICES SHALL MAKE THE MODEL DESIGNS
AVAILABLE TO PUBLIC CHILDREN SERVICES AGENCIES, PRIVATE CHILD 2,254
PLACING AGENCIES, AND PRIVATE NONCUSTODIAL AGENCIES. 2,255
Sec. 5103.037. NOT LATER THAN THE FIFTEENTH DAY OF OCTOBER 2,257
OF EACH YEAR, EACH PUBLIC CHILDREN SERVICES AGENCY, PRIVATE CHILD 2,259
PLACING AGENCY, AND PRIVATE NONCUSTODIAL AGENCY THAT SEEKS TO 2,260
OPERATE A PRECERTIFICATION TRAINING PROGRAM OR CONTINUING 2,261
TRAINING PROGRAM UNDER SECTION 5103.033 OF THE REVISED CODE SHALL 2,262
SUBMIT TO THE DEPARTMENT OF HUMAN SERVICES A PROPOSAL OUTLINING 2,263
THE PROGRAM. THE PROPOSAL MAY BE THE SAME AS, A MODIFICATION OF, 2,264
OR DIFFERENT FROM A MODEL DESIGN DEVELOPED UNDER SECTION 5103.036 2,265
OF THE REVISED CODE.
Sec. 5103.038. NOT LATER THAN THIRTY DAYS AFTER RECEIVING 2,267
A PROPOSAL UNDER SECTION 5103.037 OF THE REVISED CODE, THE 2,269
DEPARTMENT OF HUMAN SERVICES SHALL EITHER APPROVE OR DISAPPROVE 2,270
THE PROPOSED PROGRAM. THE DEPARTMENT SHALL APPROVE A PROPOSED 2,272
PRECERTIFICATION TRAINING PROGRAM IF IT COMPLIES WITH SECTION 2,273
5103.0310 OF THE REVISED CODE. THE DEPARTMENT SHALL APPROVE A 2,275
PROPOSED CONTINUING TRAINING PROGRAM IF IT COMPLIES WITH SECTION 2,276
53
5103.0311 OF THE REVISED CODE. IF THE DEPARTMENT DISAPPROVES A 2,277
PROPOSAL, IT SHALL PROVIDE THE REASON FOR DISAPPROVAL TO THE 2,278
AGENCY THAT SUBMITTED THE PROPOSAL AND ADVISE THE AGENCY OF HOW 2,279
TO REVISE THE PROPOSAL SO THAT THE DEPARTMENT CAN APPROVE IT. 2,280
Sec. 5103.039. THE DEPARTMENT OF HUMAN SERVICES' APPROVAL 2,282
UNDER SECTION 5103.038 OF THE REVISED CODE OF A PROPOSED 2,283
PRECERTIFICATION TRAINING PROGRAM OR CONTINUING TRAINING PROGRAM 2,284
IS VALID ONLY FOR THE YEAR FOLLOWING THE YEAR THE PROPOSAL FOR 2,287
THE PROGRAM IS SUBMITTED TO THE DEPARTMENT UNDER SECTION 5103.037 2,289
OF THE REVISED CODE.
Sec. 5103.0310. A PRECERTIFICATION TRAINING PROGRAM SHALL 2,291
CONSIST OF COURSES IN THE ROLE OF FOSTER CAREGIVERS AS A PART OF 2,292
THE CARE AND TREATMENT OF FOSTER CHILDREN. THE COURSES SHALL 2,293
ADDRESS ALL OF THE FOLLOWING: 2,294
(A) THE LEGAL RIGHTS AND RESPONSIBILITIES OF FOSTER 2,296
CAREGIVERS; 2,297
(B) FAMILY SYSTEMS; 2,298
(C) CHILD ABUSE, NEGLECT, AND DEPENDENCY; 2,300
(D) THE IMPACT OF ABUSE, NEGLECT, AND DEPENDENCY ON CHILD 2,302
DEVELOPMENT; 2,303
(E) THE EFFECTS OF SUBSTANCE ABUSE ON CHILD DEVELOPMENT; 2,305
(F) SYMPTOMS OF MENTAL ILLNESS, LEARNING DISORDERS, AND 2,307
COMMON CHILDHOOD ILLNESSES; 2,308
(G) ATTACHMENT, SEPARATION, AND PLACEMENT ISSUES; 2,310
(H) DISCIPLINE; 2,312
(I) CULTURAL ISSUES IN PLACEMENT; 2,314
(J) PRIMARY FAMILIES; 2,316
(K) SEXUAL ABUSE; 2,318
(L) THE EFFECTS OF CAREGIVING ON THE FAMILY; 2,320
(M) PERMANENCY ISSUES FOR CHILDREN; 2,322
(N) PERMANENCY ISSUES FOR FAMILIES; 2,324
(O) AVAILABLE COMMUNITY RESOURCES FOR ASSISTANCE; 2,326
(P) THE SUBSTANCE OF SECTION 2151.62 OF THE REVISED CODE. 2,329
A COURSE ADDRESSING SECTION 2151.62 OF THE REVISED CODE SHALL BE 2,330
54
NOT LESS THAN ONE HOUR LONG. 2,332
Sec. 5103.0311. A CONTINUING TRAINING PROGRAM SHALL 2,334
CONSIST OF COURSES THAT ADDRESS AT LEAST ALL OF THE FOLLOWING: 2,336
(A) PHYSICAL AND PSYCHOLOGICAL DEVELOPMENT OF CHILDREN; 2,338
(B) PARENTING SKILLS; 2,340
(C) PERMANENCY PLANNING PROCEDURES; 2,342
(D) PROPER METHODS OF PHYSICAL RESTRAINT AND USE OF 2,344
PHYSICAL RESTRAINTS; 2,345
(E) SUBSTANCE ABUSE AND DEPENDENCY. 2,347
Sec. 5103.0312. THE DEPARTMENT OF HUMAN SERVICES SHALL PAY 2,349
FOSTER CAREGIVERS FOR ATTENDING TRAINING COURSES PURSUANT TO A 2,351
PRECERTIFICATION TRAINING PROGRAM OR CONTINUING TRAINING PROGRAM
OPERATED UNDER SECTION 5103.033 OF THE REVISED CODE. THE PAYMENT 2,353
SHALL BE BASED ON A PER DIEM RATE ESTABLISHED BY THE DEPARTMENT.
THE PAYMENT SHALL BE THE SAME REGARDLESS OF THE TYPE OF 2,354
RECOMMENDING AGENCY FROM WHICH A FOSTER CAREGIVER SEEKS A 2,355
RECOMMENDATION.
Sec. 5103.0313. THE DEPARTMENT OF HUMAN SERVICES SHALL 2,357
REIMBURSE A PUBLIC CHILDREN SERVICES AGENCY, PRIVATE CHILD 2,358
PLACING AGENCY, OR PRIVATE NONCUSTODIAL AGENCY FOR THE COST TO 2,359
THE AGENCY OF PROVIDING TRAINING TO A FOSTER CAREGIVER THROUGH A 2,360
PRECERTIFICATION TRAINING PROGRAM OR CONTINUING TRAINING PROGRAM 2,361
OPERATED UNDER SECTION 5103.033 OF THE REVISED CODE. THE 2,362
REIMBURSEMENT SHALL BE ON A PER DIEM BASIS AND LIMITED TO THE 2,363
COST ASSOCIATED WITH THE TRAINER, OBTAINING A SITE AT WHICH THE 2,364
TRAINING IS PROVIDED, AND THE ADMINISTRATION OF THE TRAINING. A 2,365
REIMBURSEMENT RATE SHALL BE THE SAME REGARDLESS OF WHETHER THE 2,366
TRAINING PROGRAM IS OPERATED BY A PUBLIC CHILDREN SERVICES 2,367
AGENCY, PRIVATE CHILD PLACING AGENCY, OR PRIVATE NONCUSTODIAL 2,368
AGENCY.
Sec. 5103.0314. THE DEPARTMENT OF HUMAN SERVICES SHALL NOT 2,370
REIMBURSE A RECOMMENDING AGENCY FOR THE COST OF ANY TRAINING THE 2,371
AGENCY REQUIRES A FOSTER CAREGIVER TO UNDERGO AS A CONDITION OF 2,372
THE AGENCY RECOMMENDING THE DEPARTMENT CERTIFY OR RECERTIFY THE 2,373
55
FOSTER CAREGIVER'S FOSTER HOME UNDER SECTION 5103.03 OF THE 2,374
REVISED CODE IF THE TRAINING IS IN ADDITION TO THE TRAINING 2,375
REQUIRED BY SECTION 5103.031 OR 5103.032 OF THE REVISED CODE. 2,376
Sec. 5103.0315. THE DEPARTMENT OF HUMAN SERVICES SHALL 2,378
SEEK FEDERAL FINANCIAL PARTICIPATION FOR THE COST OF MAKING 2,379
PAYMENTS UNDER SECTION 5103.0312 OF THE REVISED CODE AND 2,381
REIMBURSEMENTS UNDER SECTION 5103.0313 OF THE REVISED CODE. THE 2,382
DEPARTMENT SHALL NOTIFY THE GOVERNOR, PRESIDENT OF THE SENATE, 2,383
MINORITY LEADER OF THE SENATE, SPEAKER OF THE HOUSE OF 2,384
REPRESENTATIVES, AND MINORITY LEADER OF THE HOUSE OF 2,385
REPRESENTATIVES OF ANY PROPOSED FEDERAL LEGISLATION THAT
ENDANGERS THE FEDERAL FINANCIAL PARTICIPATION. 2,386
Sec. 5103.0316. NOT LATER THAN NINETY DAYS AFTER THE 2,388
EFFECTIVE DATE OF THIS SECTION, THE DEPARTMENT OF HUMAN SERVICES 2,389
SHALL ADOPT RULES IN ACCORDANCE WITH CHAPTER 119. OF THE REVISED 2,390
CODE AS NECESSARY FOR THE EFFICIENT ADMINISTRATION OF SECTIONS 2,392
5103.031 TO 5103.0316 OF THE REVISED CODE. 2,393
Sec. 5103.033 5103.0317. A family foster home may not 2,402
receive more than five children apart from their parents, 2,404
guardian, or custodian, except in order to accommodate a sibling 2,405
group or the remaining members of a sibling group.
Sec. 2151.418 5103.0318. Any foster home or family foster 2,414
home shall be considered to be a residential use of property for 2,416
purposes of municipal, county, and township zoning and shall be a 2,417
permitted use in all zoning districts in which residential uses 2,418
are permitted. No municipal, county, or township zoning
regulation shall require a conditional permit or any other 2,419
special exception certification for any foster home or family 2,420
foster home.
Sec. 5103.031 5103.13. (A) As used in this section, "HIV" 2,430
has the same meaning as in section 3701.24 of the Revised Code. 2,431
(B) The department of human services shall provide, by 2,433
rules adopted pursuant to Chapter 119. of the Revised Code, for 2,434
the licensure of crisis nurseries as either type A or type B 2,435
56
crisis nurseries. The rules shall specify that a license shall 2,436
not be issued to an applicant for licensure as a crisis nursery 2,437
if the conditions at any of its facilities would jeopardize the 2,438
health or safety of the children to whom it provides care. 2,439
(C) A type A crisis nursery shall provide temporary 2,441
shelter and other care for not more than twenty children at one 2,442
time. Each child shall be under age six and drug-exposed, 2,444
HIV-infected, or referred by a public children services agency,
as defined in section 2151.011 of the Revised Code. No child 2,445
shall receive shelter or other care from a particular type A 2,446
crisis nursery for a period exceeding sixty days. 2,447
(D) A type B crisis nursery shall provide, without 2,449
charging a fee, temporary services and care to children under age 2,450
thirteen who are abused and neglected, at high risk of abuse and 2,451
neglect, or members of families receiving child protective 2,452
services. A type B crisis nursery shall also provide referrals 2,453
to support services. No child shall receive services or care 2,454
from a type B crisis nursery for more than thirty days in any 2,455
year. 2,456
Sec. 5103.032 5103.131. The department of human services 2,465
may apply to the United States secretary of health and human 2,467
services for a federal grant under the "Temporary Child Care for 2,468
Children With Disabilities and Crisis Nurseries Act," 100 Stat. 2,469
907 (1986), 42 U.S.C. 5117, to assist type B crisis nurseries
licensed under section 5103.031 5103.13 of the Revised Code in 2,470
providing temporary services and care to minors. 2,472
Sec. 5123.77. (A) Pending his removal to an institution, 2,481
a person taken into custody or ordered to be institutionalized 2,483
pursuant to this chapter may be held in his THE PERSON'S home, a 2,485
family CERTIFIED foster home, licensed rest or nursing home, a 2,487
county home, or a facility used for detention, but he THE PERSON 2,488
shall be kept separate from persons charged with or convicted of 2,490
penal offenses.
(B) Whenever any person is taken into custody under this 2,492
57
chapter, the person in charge of the institution or facility in 2,493
which that person is temporarily held under division (A) of this 2,494
section immediately shall notify that person's legal guardian, 2,495
spouse, or next of kin and his THE PERSON'S counsel, if such can 2,496
be ascertained. 2,497
Sec. 5153.01. (A) As used in the Revised Code, "public 2,506
children services agency" means an entity specified in section 2,507
5153.02 of the Revised Code that has assumed the powers and 2,509
duties of the children services function prescribed by this 2,510
chapter for a county.
(B) As used in this chapter: 2,512
(1) "Babysitting care" means care provided for a child 2,514
while the parents, guardian, or legal custodian of the child are 2,515
temporarily away. 2,516
(2) "Certified family foster home" means a family foster 2,518
home operated by a person holding a certificate issued pursuant 2,519
to, AS DEFINED IN SECTION 5103.02 OF THE REVISED CODE, CERTIFIED 2,520
UNDER section 5103.03 of the Revised Code that is in full force 2,522
and effect.
(3) "Certified organization" means any organization 2,524
holding a certificate issued pursuant to section 5103.03 of the 2,525
Revised Code that is in full force and effect. 2,526
(4) "Child" means any person under eighteen years of age 2,528
or a mentally or physically handicapped person, as defined by 2,529
rule of the department of human services, under twenty-one years 2,530
of age. 2,531
(5) "Executive director" means the person charged with the 2,533
responsibility of administering the powers and duties of a public 2,534
children services agency appointed pursuant to section 5153.10 of 2,536
the Revised Code.
(6) "Family foster home" means a private residence in 2,538
which children are received apart from their parents, guardian, 2,539
or legal custodian by an individual for hire, gain, or reward for 2,540
nonsecure care, supervision, or training twenty-four hours a day. 2,541
58
"Family foster home" does not include babysitting care provided 2,542
for a child in the home of a person other than the home of the 2,543
parents, guardian, or legal custodian of the child. 2,544
(7) "Foster home" means a family home in which any child 2,546
is received, apart from the child's parents, for care, 2,547
supervision, or training. 2,548
(8) "Organization" means any public, semipublic, or 2,550
private institution, including maternity homes and day nurseries, 2,551
and any private association, society, or agency, located or 2,552
operating in this state, incorporated or unincorporated, having 2,553
among its functions the furnishing of protective services or care 2,555
for children or the placement of children in CERTIFIED foster
homes or elsewhere. 2,556
Sec. 5153.16. (A) Except as provided in section 2151.422 2,565
of the Revised Code, in accordance with rules of the department 2,566
of human services, and on behalf of children in the county whom 2,567
the public children services agency considers to be in need of 2,568
public care or protective services, the public children services 2,569
agency shall do all of the following: 2,570
(1) Make an investigation concerning any child alleged to 2,572
be an abused, neglected, or dependent child; 2,573
(2) Enter into agreements with the parent, guardian, or 2,575
other person having legal custody of any child, or with the 2,576
department of human services, department of mental health, 2,577
department of mental retardation and developmental disabilities, 2,578
other department, any certified organization within or outside 2,579
the county, or any agency or institution outside the state, 2,580
having legal custody of any child, with respect to the custody, 2,581
care, or placement of any child, or with respect to any matter, 2,583
in the interests of the child, provided the permanent custody of 2,584
a child shall not be transferred by a parent to the public 2,585
children services agency without the consent of the juvenile 2,586
court;
(3) Accept custody of children committed to the public 2,588
59
children services agency by a court exercising juvenile 2,590
jurisdiction;
(4) Provide such care as the public children services 2,593
agency considers to be in the best interests of any child 2,594
adjudicated to be an abused, neglected, or dependent child the 2,595
agency finds to be in need of public care or service; 2,596
(5) Provide social services to any unmarried girl 2,598
adjudicated to be an abused, neglected, or dependent child who is 2,600
pregnant with or has been delivered of a child; 2,601
(6) Make available to the bureau for children with medical 2,603
handicaps of the department of health at its request any 2,604
information concerning a crippled child found to be in need of 2,605
treatment under sections 3701.021 to 3701.028 of the Revised Code 2,606
who is receiving services from the public children services 2,608
agency;
(7) Provide temporary emergency care for any child 2,610
considered by the public children services agency to be in need 2,612
of such care, without agreement or commitment; 2,613
(8) Find family CERTIFIED foster homes, within or outside 2,615
the county, for the care of children, including handicapped 2,616
children from other counties attending special schools in the 2,617
county;
(9) Subject to the approval of the board of county 2,619
commissioners and the state department of human services, 2,620
establish and operate a training school or enter into an 2,621
agreement with any municipal corporation or other political 2,622
subdivision of the county respecting the operation, acquisition, 2,623
or maintenance of any children's home, training school, or other 2,624
institution for the care of children maintained by such municipal 2,625
corporation or political subdivision; 2,626
(10) Acquire and operate a county children's home, 2,628
establish, maintain, and operate a receiving home for the 2,629
temporary care of children, or procure family CERTIFIED foster 2,630
homes for this purpose; 2,632
60
(11) Enter into an agreement with the trustees of any 2,634
district children's home, respecting the operation of the 2,635
district children's home in cooperation with the other county 2,636
boards in the district; 2,637
(12) Cooperate with, make its services available to, and 2,639
act as the agent of persons, courts, the department of human 2,640
services, the department of health, and other organizations 2,641
within and outside the state, in matters relating to the welfare 2,642
of children, except that the public children services agency 2,643
shall not be required to provide supervision of or other services 2,644
related to the exercise of companionship or visitation rights 2,645
granted pursuant to section 3109.051, 3109.11, or 3109.12 of the 2,646
Revised Code unless a juvenile court, pursuant to Chapter 2151. 2,647
of the Revised Code, or a common pleas court, pursuant to 2,648
division (E)(6) of section 3113.31 of the Revised Code, requires 2,649
the provision of supervision or other services related to the 2,652
exercise of the companionship or visitation rights;
(13) Make investigations at the request of any 2,654
superintendent of schools in the county or the principal of any 2,655
school concerning the application of any child adjudicated to be 2,656
an abused, neglected, or dependent child for release from school, 2,657
where such service is not provided through a school attendance 2,658
department;
(14) Administer funds provided under Title IV-E of the 2,660
"Social Security Act," 94 Stat. 501 (1980), 42 U.S.C.A. 671, as 2,661
amended, in accordance with rules adopted by the state department 2,662
of human services under section 5101.141 of the Revised Code; 2,663
(15) In addition to administering Title IV-E adoption 2,665
assistance funds, enter into agreements to make adoption 2,666
assistance payments under section 5153.163 of the Revised Code; 2,667
(16) Implement a system of risk assessment, in accordance 2,669
with rules adopted by the state department of human services, to 2,670
assist the public children services agency in determining the 2,671
risk of abuse or neglect to a child; 2,672
61
(17) Enter into a plan of cooperation with the board of 2,674
county commissioners under section 307.983 of the Revised Code 2,675
and comply with the partnership agreement the board enters into 2,676
under section 307.98 of the Revised Code and contracts the board 2,677
enters into under sections 307.981 and 307.982 of the Revised 2,678
Code that affect the public children services agency; 2,679
(18) Make reasonable efforts to prevent the removal of an 2,681
alleged or adjudicated abused, neglected, or dependent child from 2,682
the child's home, eliminate the continued removal of the child 2,683
from the child's home, or make it possible for the child to 2,684
return home safely, except that reasonable efforts of that nature 2,685
are not required when a court has made a determination under 2,686
division (A)(2) of section 2151.419 of the Revised Code; 2,687
(19) Make reasonable efforts to place the child in a 2,689
timely manner in accordance with the permanency plan approved 2,690
under division (E) of section 2151.417 of the Revised Code and to 2,692
complete whatever steps are necessary to finalize the permanent 2,693
placement of the child. 2,694
(B) The public children services agency shall use the 2,696
system implemented pursuant to division (B)(16) of this section 2,697
in connection with an investigation undertaken pursuant to 2,698
division (F)(1) of section 2151.421 of the Revised Code and may 2,700
use the system at any other time the agency is involved with any
child when the agency determines that risk assessment is 2,701
necessary.
(C) Except as provided in section 2151.422 of the Revised 2,703
Code, in accordance with rules of the department of human 2,704
services, and on behalf of children in the county whom the public 2,705
children services agency considers to be in need of public care 2,706
or protective services, the public children services agency may 2,707
do the following:
(1) Provide or find, with other child serving systems, 2,710
treatment foster care for the care of children in a treatment 2,711
foster home, as defined in section 5103.02 of the Revised Code, 2,712
62
CERTIFIED UNDER SECTION 5103.03 OF THE REVISED CODE;
(2)(a) Except as limited by divisions (C)(2)(b) and (c) of 2,715
this section, contract with the following for the purpose of
assisting the agency with its duties: 2,716
(i) County departments of human services; 2,718
(ii) Boards of alcohol, drug addiction, and mental health 2,721
services;
(iii) County boards of mental retardation and 2,723
developmental disabilities; 2,724
(iv) Regional councils of political subdivisions 2,726
established under Chapter 167. of the Revised Code; 2,727
(v) Private and government providers of services; 2,729
(vi) Managed care organizations and prepaid health plans. 2,731
(b) A public children services agency contract under 2,734
division (C)(2)(a) of this section regarding the agency's duties
under section 2151.421 of the Revised Code may not provide for 2,735
the entity under contract with the agency to perform any service 2,736
not authorized by the department's rules. 2,737
(c) Only a county children services board appointed under 2,740
section 5153.03 of the Revised Code that is a public children
services agency may contract under division (C)(2)(a) of this 2,741
section. If an entity specified in division (B) or (C) of 2,742
section 5153.02 of the Revised Code is the public children 2,743
services agency for a county, the board of county commissioners 2,744
may enter into contracts pursuant to section 307.982 of the
Revised Code regarding the agency's duties. 2,745
Sec. 5153.161. Care provided by the public children 2,754
services agency under division (A)(4) of section 5153.16 of the 2,758
Revised Code shall be provided by the agency, by its own means or 2,759
through other available resources, in the child's own home, in 2,761
the home of a relative, or in a certified family foster home, any 2,763
other home approved by the court, receiving home, school,
hospital, convalescent home, or other public or private 2,764
institution within or outside the county or state. 2,765
63
Section 2. That existing sections 2151.011, 2151.312, 2,767
2151.331, 2151.34, 2151.353, 2151.418, 2151.55, 2151.62, 3313.64, 2,768
5101.14, 5101.141, 5103.02, 5103.031, 5103.032, 5103.033, 2,769
5123.77, 5153.01, 5153.16, and 5153.161 of the Revised Code are 2,770
hereby repealed. 2,771
Section 3. Section 5103.031 of the Revised Code does not 2,774
apply to a foster home, as defined in section 5103.02 of the 2,775
Revised Code, holding a valid certificate issued under section 2,776
5103.03 of the Revised Code on the effective date of this act. 2,777
Section 4. Sections 5101.14 and 5153.161 of the Revised 2,779
Code are presented in this act as composites of the sections as 2,781
amended by both Am. Sub. H.B. 215 and Sub. H.B. 408 of the 122nd 2,782
General Assembly, with the new language of neither of the acts 2,784
shown in capital letters. This is in recognition of the 2,785
principle stated in division (B) of section 1.52 of the Revised 2,786
Code that such amendments are to be harmonized where not 2,787
substantively irreconcilable and constitutes a legislative 2,788
finding that such are the resulting versions in effect prior to 2,789
the effective date of this act.