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          

                                                          4      


                                                                 
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          

                                                          5      


                                                                 
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          

                                                          6      


                                                                 
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          

                                                          7      


                                                                 
      (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          

                                                          8      


                                                                 
      (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          

                                                          9      


                                                                 
      (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          

                                                          10     


                                                                 
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.