As Passed by the House                        1            

123rd General Assembly                                             4            

   Regular Session                             Sub. 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           

  WINKLER-METZGER-WILLAMOWSKI-JONES-MOTTLEY-CAREY-TERWILLEGER-     12           

  R. MILLER-VERICH-ALLEN-DISTEL-REDFERN-LOGAN-ROBERTS-A. CORE-                  

 BRADING-BOYD-STAPLETON-WILSON-HEALY-GOODING-SMITH-OGG-JACOBSON    13           


_________________________________________________________________                

                          A   B I L L                                           

             To amend sections 2151.011, 2151.312, 2151.331,       15           

                2151.34, 2151.353, 2151.418, 2151.55, 2151.554,    16           

                2151.62, 2907.08, 3313.64, 5101.14, 5101.141,                   

                5103.02, 5103.032, 5103.033, 5123.77, 5153.01,     18           

                5153.16, and 5153.161, to amend for the purpose    19           

                of adopting new section numbers as indicated in    20           

                parentheses sections 2151.418 (5103.0318),                      

                5103.031 (5103.13), 5103.032 (5103.131), and       21           

                5103.033 (5103.0317), and to enact new sections    22           

                5103.031, 5103.032, and 5103.033 and sections                   

                5103.034, 5103.035, 5103.036, 5103.037, 5103.038,  23           

                5103.039, 5103.0310, 5103.0311, 5103.0312,         24           

                5103.0313, 5103.0314, 5103.0315, and 5103.0316 of  25           

                the Revised Code to establish preplacement and                  

                continuing training requirements for foster        27           

                caregivers and provide for public children         28           

                services agencies, private child placing           29           

                agencies, and private noncustodial agencies to     30           

                operate training programs.                                      




BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:        32           

      Section 1.  That sections 2151.011, 2151.312, 2151.331,      34           

                                                          2      


                                                                 
2151.34, 2151.353, 2151.418, 2151.55, 2151.554, 2151.62, 2907.08,  35           

3313.64, 5101.14, 5101.141, 5103.02, 5103.032, 5103.033, 5123.77,  37           

5153.01, 5153.16, and 5153.161 be amended, sections 2151.418       38           

(5103.0318), 5103.031 (5103.13), 5103.032 (5103.131), and          39           

5103.033 (5103.0317) be amended for the purpose of adopting new    40           

section numbers as indicated in parentheses, and new sections      41           

5103.031, 5103.032, and 5103.033 and sections 5103.034, 5103.035,  42           

5103.036, 5103.037, 5103.038, 5103.039, 5103.0310, 5103.0311,      43           

5103.0312, 5103.0313, 5103.0314, 5103.0315, and 5103.0316 of the   44           

Revised Code be enacted to read as follows:                        45           

      Sec. 2151.011.  (A)  As used in the Revised Code:            54           

      (1)  "Juvenile court" means the division of the court of     56           

common pleas or a juvenile court separately and independently      57           

created having jurisdiction under this chapter.                    58           

      (2)  "Juvenile judge" means a judge of a court having        60           

jurisdiction under this chapter.                                   61           

      (3)  "Private child placing agency" means any association,   63           

as defined in section 5103.02 of the Revised Code, that is         64           

certified pursuant to UNDER section 5103.03 of the Revised Code    66           

to accept temporary, permanent, or legal custody of children and   68           

place the children for either foster care or adoption.                          

      (4)  "Private noncustodial agency" means any person,         70           

organization, association, or society certified by the department  71           

of job and family services that does not accept temporary or       73           

permanent legal custody of children, that is privately operated    74           

in this state, and that does one or more of the following:         75           

      (a)  Receives and cares for children for two or more         77           

consecutive weeks;                                                 78           

      (b)  Participates in the placement of children in family     80           

CERTIFIED foster homes;                                            82           

      (c)  Provides adoption services in conjunction with a        84           

public children services agency or private child placing agency.   85           

      (B)  As used in this chapter:                                87           

      (1)  "Adequate parental care" means the provision by a       89           

                                                          3      


                                                                 
child's parent or parents, guardian, or custodian of adequate      90           

food, clothing, and shelter to ensure the child's health and       91           

physical safety and the provision by a child's parent or parents   92           

of specialized services warranted by the child's physical or       93           

mental needs.                                                      94           

      (2)  "Adult" means an individual who is eighteen years of    96           

age or older.                                                      97           

      (3)  "Agreement for temporary custody" means a voluntary     99           

agreement authorized by section 5103.15 of the Revised Code that   101          

transfers the temporary custody of a child to a public children    102          

services agency or a private child placing agency.                 103          

      (4)  "Babysitting care" means care provided for a child      105          

while the parents, guardian, or legal custodian of the child are   106          

temporarily away.                                                  107          

      (5)  "Certified family foster home" means a family foster    109          

home operated by persons holding a certificate in force, issued,   111          

AS DEFINED IN SECTION 5103.02 OF THE REVISED CODE, CERTIFIED       112          

under section 5103.03 of the Revised Code.                         113          

      (6)(5)(a)  "Child" means a person who is under eighteen      116          

years of age, except as otherwise provided in divisions            117          

(B)(6)(5)(b) to (f) of this section.                               118          

      (b)  Subject to division (B)(6)(5)(c) of this section, any   121          

person who violates a federal or state law or municipal ordinance  122          

prior to attaining eighteen years of age shall be deemed a                      

"child" irrespective of that person's age at the time the          123          

complaint is filed or the hearing on the complaint is held.        124          

      (c)  Any person who, while under eighteen years of age,      127          

commits an act that would be a felony if committed by an adult     128          

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    129          

child in relation to that act.                                     130          

      (d)  Any person whose case is transferred for criminal       132          

prosecution pursuant to division (B) or (C) of section 2151.26 of  133          

the Revised Code shall after the transfer be deemed not to be a    134          

                                                          4      


                                                                 
child in the transferred case.                                     135          

      (e)  Subject to division (B)(6)(5)(f) of this section, any   138          

person whose case is transferred for criminal prosecution          139          

pursuant to division (B) or (C) of section 2151.26 of the Revised  140          

Code and who subsequently is convicted of or pleads guilty to a    141          

felony in that case shall after the transfer be deemed not to be   143          

a child in any case in which the person is alleged to have         145          

committed prior to or subsequent to the transfer an act that       147          

would be an offense if committed by an adult.  Division            148          

(B)(6)(5)(e) of this section applies to a case regardless of       149          

whether the prior or subsequent act that is alleged in the case    151          

and that would be an offense if committed by an adult allegedly    152          

was committed in the same county in which the case was             154          

transferred or in another county and regardless of whether the                  

complaint in the case involved was filed in the same county in     155          

which the case was transferred or in another county.  Division     156          

(B)(6)(5)(e) of this section applies to a case that involves an    158          

act committed prior to the transfer only when the prior act        159          

alleged in the case has not been disposed of by a juvenile court                

or trial court.                                                    160          

      (f)  Notwithstanding division (B)(6)(5)(e) of this section,  163          

if a person's case is transferred for criminal prosecution                      

pursuant to division (B) or (C) of section 2151.26 of the Revised  165          

Code and if the person subsequently is convicted of or pleads      166          

guilty to a felony in that case, thereafter, the person shall be                

considered a child solely for the following purposes in relation   167          

to any act the person subsequently commits that would be an        168          

offense if committed by an adult:                                  169          

      (i)  For purposes of the filing of a complaint alleging      171          

that the child is a delinquent child for committing the act that   172          

would be an offense if committed by an adult;                      173          

      (ii)  For purposes of the juvenile court conducting a        175          

hearing under division (B) of section 2151.26 of the Revised Code  177          

relative to the complaint described in division (B)(6)(5)(f)(i)    178          

                                                          5      


                                                                 
of this section to determine whether division (B)(1) of section    179          

2151.26 of the Revised Code applies and requires that the case be  181          

transferred for criminal prosecution to the appropriate court      182          

having jurisdiction of the offense.                                             

      (7)(6)  "Child day camp," "child day-care," "child day-care  184          

center," "part-time child day-care center," "type A family         187          

day-care home," "certified type B family day-care home," "type B   188          

home," "administrator of a child day-care center," "administrator  190          

of a type A family day-care home," "in-home aide," and             191          

"authorized provider" have the same meanings as in section         192          

5104.01 of the Revised Code.                                                    

      (8)(7)  "Child day-care provider" means an individual who    194          

is a child-care staff member or administrator of a child day-care  195          

center, a type A family day-care home, or a type B family          196          

day-care home, or an in-home aide or an individual who is          197          

licensed, is regulated, is approved, operates under the direction  198          

of, or otherwise is certified by the department of job and family  200          

services, department of mental retardation and developmental       201          

disabilities, or the early childhood programs of the department    202          

of education.                                                      203          

      (9)(8)  "Commit" means to vest custody as ordered by the     205          

court.                                                             206          

      (10)(9)  "Counseling" includes both of the following:        208          

      (a)  General counseling services performed by a public       211          

children services agency or shelter for victims of domestic        212          

violence to assist a child, a child's parents, and a child's       213          

siblings in alleviating identified problems that may cause or      215          

have caused the child to be an abused, neglected, or dependent     216          

child.                                                                          

      (b)  Psychiatric or psychological therapeutic counseling     219          

services provided to correct or alleviate any mental or emotional  221          

illness or disorder and performed by a licensed psychiatrist,                   

licensed psychologist, or a person licensed under Chapter 4757.    223          

of the Revised Code to engage in social work or professional       224          

                                                          6      


                                                                 
counseling.                                                                     

      (11)(10)  "Custodian" means a person who has legal custody   226          

of a child or a public children services agency or private child   228          

placing agency that has permanent, temporary, or legal custody of  229          

a child.                                                           230          

      (12)(11)  "Detention" means the temporary care of children   232          

pending court adjudication or disposition, or execution of a       233          

court order, in a public or private facility designed to           234          

physically restrict the movement and activities of children.       235          

      (13)(12)  "Developmental disability" has the same meaning    237          

as in section 5123.01 of the Revised Code.                         239          

      (14)  "Family foster home" means a private residence in      241          

which children are received apart from their parents, guardian,    242          

or legal custodian by an individual for hire, gain, or reward for  243          

nonsecure care, supervision, or training twenty-four hours a day.  244          

"Family foster home" does not include babysitting care provided    245          

for a child in the home of a person other than the home of the     246          

parents, guardian, or legal custodian of the child.                247          

      (15)  "Foster home" means a family home in which any child   249          

is received apart from the child's parents for care, supervision,  250          

or training.                                                       252          

      (16)(13)  "Guardian" means a person, association, or         254          

corporation that is granted authority by a probate court pursuant  255          

to Chapter 2111. of the Revised Code to exercise parental rights   256          

over a child to the extent provided in the court's order and       257          

subject to the residual parental rights of the child's parents.    258          

      (17)(14)  "Legal custody" means a legal status that vests    260          

in the custodian the right to have physical care and control of    261          

the child and to determine where and with whom the child shall     262          

live, and the right and duty to protect, train, and discipline     264          

the child and to provide the child with food, shelter, education,  265          

and medical care, all subject to any residual parental rights,     267          

privileges, and responsibilities.  An individual granted legal     268          

custody shall exercise the rights and responsibilities personally  269          

                                                          7      


                                                                 
unless otherwise authorized by any section of the Revised Code or  270          

by the court.                                                      271          

      (18)(15)  "Mental illness" and "mentally ill person subject  273          

to hospitalization by court order" have the same meanings as in    275          

section 5122.01 of the Revised Code.                               276          

      (19)(16)  "Mental injury" means any behavioral, cognitive,   278          

emotional, or mental disorder in a child caused by an act or       279          

omission that is described in section 2919.22 of the Revised Code  280          

and is committed by the parent or other person responsible for     282          

the child's care.                                                               

      (20)(17)  "Mentally retarded person" has the same meaning    284          

as in section 5123.01 of the Revised Code.                         286          

      (21)(18)  "Nonsecure care, supervision, or training" means   288          

care, supervision, or training of a child in a facility that does  289          

not confine or prevent movement of the child within the facility   290          

or from the facility.                                              291          

      (22)(19)  "Organization" means any institution, public,      293          

semipublic, or private, and any private association, society, or   294          

agency located or operating in the state, incorporated or          295          

unincorporated, having among its functions the furnishing of       296          

protective services or care for children, or the placement of      297          

children in CERTIFIED foster homes or elsewhere.                   298          

      (23)(20)  "Out-of-home care" means detention facilities,     300          

shelter facilities, foster homes, certified foster homes,          301          

placement in a prospective adoptive home prior to the issuance of  302          

a final decree of adoption, organizations, certified               303          

organizations, child day-care centers, type A family day-care      304          

homes, child day-care provided by type B family day-care home      305          

providers and by in-home aides, group home providers, group        306          

homes, institutions, state institutions, residential facilities,   307          

residential care facilities, residential camps, day camps,         308          

hospitals, and medical clinics that are responsible for the care,  309          

physical custody, or control of children.                          310          

      (24)(21)  "Out-of-home care child abuse" means any of the    312          

                                                          8      


                                                                 
following when committed by a person responsible for the care of   313          

a child in out-of-home care:                                       314          

      (a)  Engaging in sexual activity with a child in the         316          

person's care;                                                     317          

      (b)  Denial to a child, as a means of punishment, of proper  319          

or necessary subsistence, education, medical care, or other care   320          

necessary for a child's health;                                    321          

      (c)  Use of restraint procedures on a child that cause       323          

injury or pain;                                                    324          

      (d)  Administration of prescription drugs or psychotropic    326          

medication to the child without the written approval and ongoing   327          

supervision of a licensed physician;                               328          

      (e)  Commission of any act, other than by accidental means,  330          

that results in any injury to or death of the child in             331          

out-of-home care or commission of any act by accidental means      332          

that results in an injury to or death of a child in out-of-home    333          

care and that is at variance with the history given of the injury  334          

or death.                                                                       

      (25)(22)  "Out-of-home care child neglect" means any of the  336          

following when committed by a person responsible for the care of   337          

a child in out-of-home care:                                       338          

      (a)  Failure to provide reasonable supervision according to  340          

the standards of care appropriate to the age, mental and physical  341          

condition, or other special needs of the child;                    342          

      (b)  Failure to provide reasonable supervision according to  344          

the standards of care appropriate to the age, mental and physical  345          

condition, or other special needs of the child, that results in    346          

sexual or physical abuse of the child by any person;               347          

      (c)  Failure to develop a process for all of the following:  349          

      (i)  Administration of prescription drugs or psychotropic    351          

drugs for the child;                                               352          

      (ii)  Assuring that the instructions of the licensed         354          

physician who prescribed a drug for the child are followed;        355          

      (iii)  Reporting to the licensed physician who prescribed    357          

                                                          9      


                                                                 
the drug all unfavorable or dangerous side effects from the use    358          

of the drug.                                                       359          

      (d)  Failure to provide proper or necessary subsistence,     361          

education, medical care, or other individualized care necessary    362          

for the health or well-being of the child;                         363          

      (e)  Confinement of the child to a locked room without       365          

monitoring by staff;                                               366          

      (f)  Failure to provide ongoing security for all             368          

prescription and nonprescription medication;                       369          

      (g)  Isolation of a child for a period of time when there    371          

is substantial risk that the isolation, if continued, will impair  372          

or retard the mental health or physical well-being of the child.   373          

      (26)(23)  "Permanent custody" means a legal status that      375          

vests in a public children services agency or a private child      376          

placing agency, all parental rights, duties, and obligations,      377          

including the right to consent to adoption, and divests the        378          

natural parents or adoptive parents of all parental rights,        379          

privileges, and obligations, including all residual rights and     380          

obligations.                                                                    

      (27)  "Planned permanent living arrangement" means an order  383          

of a juvenile court pursuant to which both of the following        384          

apply:                                                                          

      (a)  The court gives legal custody of a child to a public    386          

children services agency or a private child placing agency         387          

without the termination of parental rights.                        388          

      (b)  The order permits the agency to make an appropriate     390          

placement of the child and to enter into a written agreement with  393          

a foster care provider or with another person or agency with whom  394          

the child is placed.                                                            

      (28)(24)  "Permanent surrender" means the act of the         396          

parents or, if a child has only one parent, of the parent of a     397          

child, by a voluntary agreement authorized by section 5103.15 of   399          

the Revised Code, to transfer the permanent custody of the child                

to a public children services agency or a private child placing    400          

                                                          10     


                                                                 
agency.                                                            401          

      (29)(25)  "Person responsible for a child's care in          403          

out-of-home care" means any of the following:                      405          

      (a)  Any foster parent, in-home aide, or provider;           407          

      (b)  Any administrator, employee, or agent of any of the     409          

following:  a public or private detention facility; shelter        410          

facility; organization; certified organization; child day-care     411          

center; type A family day-care home; certified type B family       412          

day-care home; group home; institution; state institution;         413          

residential facility; residential care facility; residential       414          

camp; day camp; hospital; or medical clinic;                       415          

      (c)  Any other person who performs a similar function with   417          

respect to, or has a similar relationship to, children.            418          

      (30)(26)  "Physically impaired" means having one or more of  420          

the following conditions that substantially limit one or more of   421          

an individual's major life activities, including self-care,        422          

receptive and expressive language, learning, mobility, and         423          

self-direction:                                                                 

      (a)  A substantial impairment of vision, speech, or          425          

hearing;                                                                        

      (b)  A congenital orthopedic impairment;                     427          

      (c)  An orthopedic impairment caused by disease, rheumatic   430          

fever or any other similar chronic or acute health problem, or     431          

amputation or another similar cause.                                            

      (31)(27)  "Placement for adoption" means the arrangement by  433          

a public children services agency or a private child placing       434          

agency with a person for the care and adoption by that person of   435          

a child of whom the agency has permanent custody.                  436          

      (32)(28)  "Placement in foster care" means the arrangement   439          

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  440          

temporary custody or permanent custody.                            441          

      (33)(29)  "PLANNED PERMANENT LIVING ARRANGEMENT" MEANS AN    444          

ORDER OF A JUVENILE COURT PURSUANT TO WHICH BOTH OF THE FOLLOWING  445          

                                                          11     


                                                                 
APPLY:                                                                          

      (a)  THE COURT GIVES LEGAL CUSTODY OF A CHILD TO A PUBLIC    447          

CHILDREN SERVICES AGENCY OR A PRIVATE CHILD PLACING AGENCY         448          

WITHOUT THE TERMINATION OF PARENTAL RIGHTS.                        449          

      (b)  THE ORDER PERMITS THE AGENCY TO MAKE AN APPROPRIATE     451          

PLACEMENT OF THE CHILD AND TO ENTER INTO A WRITTEN AGREEMENT WITH  454          

A FOSTER CARE PROVIDER OR WITH ANOTHER PERSON OR AGENCY WITH WHOM  455          

THE CHILD IS PLACED.                                                            

      (30)  "Practice of social work" and "practice of             458          

professional counseling" have the same meanings as in section      459          

4757.01 of the Revised Code.                                       460          

      (34)(31)  "Probation" means a legal status created by court  462          

order following an adjudication that a child is a delinquent       463          

child, a juvenile traffic offender, or an unruly child, whereby    464          

the child is permitted to remain in the parent's, guardian's, or   465          

custodian's home subject to supervision, or under the supervision  466          

of any agency designated by the court and returned to the court    467          

for violation of probation at any time during the period of        468          

probation.                                                         469          

      (35)(32)  "Protective supervision" means an order of         471          

disposition pursuant to which the court permits an abused,         472          

neglected, dependent, unruly, or delinquent child or a juvenile    473          

traffic offender to remain in the custody of the child's parents,  474          

guardian, or custodian and stay in the child's home, subject to    475          

any conditions and limitations upon the child, the child's         477          

parents, guardian, or custodian, or any other person that the      479          

court prescribes, including supervision as directed by the court   480          

for the protection of the child.                                   481          

      (36)(33)  "Psychiatrist" has the same meaning as in section  483          

5122.01 of the Revised Code.                                       484          

      (37)(34)  "Psychologist" has the same meaning as in section  486          

4732.01 of the Revised Code.                                       487          

      (38)(35)  "Residential camp" means a program in which the    489          

care, physical custody, or control of children is accepted         492          

                                                          12     


                                                                 
overnight for recreational or recreational and educational         493          

purposes.                                                                       

      (39)(36)  "Residential care facility" means an institution,  495          

residence, or facility that is licensed by the department of       496          

mental health under section 5119.22 of the Revised Code and that   497          

provides care for a child.                                         498          

      (40)(37)  "Residential facility" means a home or facility    500          

that is licensed by the department of mental retardation and       501          

developmental disabilities under section 5123.19 of the Revised    502          

Code and in which a child with a developmental disability          503          

resides.                                                           504          

      (41)(38)  "Residual parental rights, privileges, and         506          

responsibilities" means those rights, privileges, and              507          

responsibilities remaining with the natural parent after the       508          

transfer of legal custody of the child, including, but not         509          

necessarily limited to, the privilege of reasonable visitation,    510          

consent to adoption, the privilege to determine the child's        511          

religious affiliation, and the responsibility for support.         512          

      (42)(39)  "Secure correctional facility" means a facility    514          

under the direction of the department of youth services that is    515          

designed to physically restrict the movement and activities of     516          

children and used for the placement of children after              517          

adjudication and disposition.                                                   

      (43)(40)  "Sexual activity" has the same meaning as in       519          

section 2907.01 of the Revised Code.                               520          

      (44)(41)  "Shelter" means the temporary care of children in  522          

physically unrestricted facilities pending court adjudication or   523          

disposition.                                                       524          

      (45)(42)  "Shelter for victims of domestic violence" has     526          

the same meaning as in section 3113.33 of the Revised Code.        527          

      (46)(43)  "Temporary custody" means legal custody of a       529          

child who is removed from the child's home, which custody may be   530          

terminated at any time at the discretion of the court or, if the   532          

legal custody is granted in an agreement for temporary custody,    533          

                                                          13     


                                                                 
by the person who executed the agreement.                          534          

      (C)  For the purposes of this chapter, a child shall be      536          

presumed abandoned when the parents of the child have failed to    537          

visit or maintain contact with the child for more than ninety      538          

days, regardless of whether the parents resume contact with the    539          

child after that period of ninety days.                            540          

      Sec. 2151.312.  (A)  Except as provided in divisions (B)     549          

and (F) of this section, a child alleged to be or adjudicated a    550          

delinquent child, an unruly child, or a juvenile traffic offender  551          

may be held only in the following places:                          552          

      (1)  A certified family foster home or a home approved by    554          

the court;                                                         555          

      (2)  A facility operated by a certified child welfare        557          

agency;                                                            558          

      (3)  Any other suitable place designated by the court.       560          

      (B)  In addition to the places listed in division (A) of     562          

this section, a child alleged to be or adjudicated a delinquent    563          

child may be held in a detention home or center for delinquent     564          

children that is under the direction or supervision of the court   565          

or other public authority or of a private agency and approved by   566          

the court.                                                                      

      (C)(1)  Except as provided under division (C)(1) of section  568          

2151.311 of the Revised Code or division (A)(6) of section         569          

2151.356 of the Revised Code, a child alleged to be or             571          

adjudicated a neglected child, an abused child, a dependent                     

child, an unruly child, or a juvenile traffic offender may not be  572          

held in any of the following facilities:                           573          

      (a)  A state correctional institution, county, multicounty,  576          

or municipal jail or workhouse, or other place in which an adult   577          

convicted of crime, under arrest, or charged with a crime is       578          

held.                                                                           

      (b)  A secure correctional facility.                         580          

      (2)  Except as provided under sections 2151.56 to 2151.61    582          

and division (A)(6) of section 2151.356 of the Revised Code and    583          

                                                          14     


                                                                 
division (C)(3) of this section, a child alleged to be or          584          

adjudicated an unruly child or a juvenile traffic offender may     585          

not be held for more than twenty-four hours in a detention home.   586          

A child alleged to be or adjudicated a neglected child, an abused  587          

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   589          

unruly child and who is taken into custody on a Saturday, Sunday,  591          

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      592          

that is not a Saturday, Sunday, or legal holiday.                  593          

      (D)  Except as provided in division (F) of this section or   595          

in division (C) of section 2151.311, in division (C)(2) of         596          

section 5139.06 and section 5120.162, or in division (B) of        598          

section 5120.16 of the Revised Code, a child who is alleged to be  599          

or is adjudicated a delinquent child may not be held in a state    600          

correctional institution, county, multicounty, or municipal jail   601          

or workhouse, or other place where an adult convicted of crime,    602          

under arrest, or charged with crime is held.                       603          

      (E)  Unless the detention is pursuant to division (F) of     605          

this section or division (C) of section 2151.311, division (C)(2)  607          

of section 5139.06 and section 5120.162, or division (B) of        609          

section 5120.16 of the Revised Code, the official in charge of     610          

the institution, jail, workhouse, or other facility shall inform   611          

the court immediately when a child, who is or appears to be under  612          

the age of eighteen years, is received at the facility, and shall  613          

deliver the child to the court upon request or transfer the child  614          

to a detention facility designated by the court.                   615          

      (F)  If a case is transferred to another court for criminal  617          

prosecution pursuant to section 2151.26 of the Revised Code, the   618          

child may be transferred for detention pending the criminal        619          

prosecution in a jail or other facility in accordance with the     620          

law governing the detention of persons charged with crime.  Any    621          

child so held shall be confined in a manner that keeps the child   622          

                                                          15     


                                                                 
beyond the range of touch of all adult detainees.  The child       623          

shall be supervised at all times during the detention.             624          

      Sec. 2151.331.  A child alleged to be or adjudicated an      633          

abused, neglected, dependent, or unruly child or a juvenile        634          

traffic offender may be detained after a complaint is filed in a   635          

certified family foster home for a period not exceeding sixty      637          

days or until the final disposition of the case, whichever comes   638          

first.  The court also may arrange with a public children          639          

services agency or private child placing agency to receive, or     640          

with a private noncustodial agency for temporary care of, the      641          

child within the jurisdiction of the court.  A child alleged to                 

be or adjudicated an unruly child also may be assigned to an       642          

alternative diversion program established by the court for a       643          

period not exceeding sixty days after a complaint is filed or      644          

until final disposition of the case, whichever comes first.        645          

      If the court arranges for the board of a child temporarily   647          

detained in a certified family foster home or arranges for the     648          

board of a child through a private child placing agency, the       651          

board of county commissioners shall pay a reasonable sum, which    652          

the court shall fix, for the board of the child.  In order to                   

have certified family foster homes available for service, an       653          

agreed monthly subsidy may be paid in addition to a fixed rate     655          

per day for care of a child actually residing in the certified     656          

family foster home.                                                             

      Sec. 2151.34.  A child who is alleged to be or adjudicated   665          

a delinquent child may be confined in a place of juvenile          667          

detention for a period not to exceed ninety days, during which     668          

time a social history may be prepared to include court record,     669          

family history, personal history, school and attendance records,   670          

and any other pertinent studies and material that will be of       671          

assistance to the juvenile court in its disposition of the         672          

charges against that juvenile offender.                                         

      Upon the advice and recommendation of the judge, the board   674          

of county commissioners shall provide, by purchase, lease,         675          

                                                          16     


                                                                 
construction, or otherwise, a place to be known as a detention     676          

home that shall be within a convenient distance of the juvenile    677          

court and shall not be used for the confinement of adults charged  678          

with criminal offenses and in which delinquent children may be     679          

detained until final disposition.  Upon the joint advice and       681          

recommendation of the juvenile judges of two or more adjoining or  682          

neighboring counties, the boards of county commissioners of the    683          

counties shall form themselves into a joint board and proceed to   684          

organize a district for the establishment and support of a         685          

detention home for the use of the juvenile courts of those         686          

counties, in which delinquent children may be detained until       687          

final disposition, by using a site or buildings already            688          

established in one of the counties or by providing for the         689          

purchase of a site and the erection of the necessary buildings on  690          

the site.                                                                       

      A child who is adjudicated to be a juvenile traffic          692          

offender for having committed a violation of division (A) of       693          

section 4511.19 of the Revised Code or of a municipal ordinance    694          

that is substantially comparable to that division may be confined  695          

in a detention home or district detention home pursuant to         696          

division (A)(6) of section 2151.356 of the Revised Code, provided  697          

the child is kept separate and apart from alleged delinquent       698          

children.                                                                       

      The county or district detention home shall be maintained    700          

as provided in sections 2151.01 to 2151.54 of the Revised Code.    701          

In any county in which there is no detention home or that is not   702          

served by a district detention home, the board of county           703          

commissioners shall provide funds for the boarding of such         704          

children temporarily in private homes.  Children who are alleged   705          

to be or have been adjudicated delinquent children may be          706          

detained after a complaint is filed in the detention home until    707          

final disposition of their cases or in certified family foster     708          

homes or in any other home approved by the court, if any are       709          

available, for a period not exceeding sixty days or until final    710          

                                                          17     


                                                                 
disposition of their cases, whichever comes first.  The court      711          

also may arrange with any public children services agency or       712          

private child placing agency to receive, or private noncustodial   713          

agency for temporary care of, the children within the              714          

jurisdiction of the court.  A district detention home approved     715          

for such purpose by the department of youth services under         716          

section 5139.281 of the Revised Code may receive children          717          

committed to its temporary custody under section 2151.355 of the   718          

Revised Code and provide the care, treatment, and training         719          

required.                                                                       

      If a detention home is established as an agency of the       721          

court or a district detention home is established by the courts    722          

of several counties as provided in this section, it shall be       723          

furnished and carried on, as far as possible, as a family home in  724          

charge of a superintendent or matron in a nonpunitive neutral      725          

atmosphere.  The judge, or the directing board of a district       726          

detention home, may appoint a superintendent, a matron, and other  727          

necessary employees for the home and fix their salaries.  During   728          

the school year, when possible, a comparable educational program   729          

with competent and trained staff shall be provided for those       730          

children of school age.  A sufficient number of trained            731          

recreational personnel shall be included among the staff to        732          

assure wholesome and profitable leisure-time activities.  Medical  733          

and mental health services shall be made available to ensure the   734          

courts all possible treatment facilities shall be given to those   735          

children placed under their care.  In the case of a county         736          

detention home, the salaries shall be paid in the same manner as   737          

is provided by section 2151.13 of the Revised Code for other       738          

employees of the court, and the necessary expenses incurred in     739          

maintaining the detention home shall be paid by the county.  In    740          

the case of a district detention home, the salaries and the        741          

necessary expenses incurred in maintaining the district detention  742          

home shall be paid as provided in sections 2151.341 to 2151.3415   743          

of the Revised Code.                                               744          

                                                          18     


                                                                 
      If the court arranges for the board of children temporarily  746          

detained in family CERTIFIED foster homes or arranges for the      747          

board of those children through any private child placing agency,  749          

a reasonable sum to be fixed by the court for the board of those   750          

children shall be paid by the county.  In order to have family     751          

CERTIFIED foster homes available for service, an agreed monthly    753          

subsidy may be paid and a fixed rate per day for care of children  754          

actually residing in the family CERTIFIED foster home.             755          

      Sec. 2151.353.  (A)  If a child is adjudicated an abused,    764          

neglected, or dependent child, the court may make any of the       765          

following orders of disposition:                                   766          

      (1)  Place the child in protective supervision;              768          

      (2)  Commit the child to the temporary custody of a public   770          

children services agency, a private child placing agency, either   771          

parent, a relative residing within or outside the state, or a      772          

probation officer for placement in a certified family foster home  774          

or in any other home approved by the court;                                     

      (3)  Award legal custody of the child to either parent or    776          

to any other person who, prior to the dispositional hearing,       777          

files a motion requesting legal custody of the child;              778          

      (4)  Commit the child to the permanent custody of a public   780          

children services agency or private child placing agency, if the   781          

court determines in accordance with division (E) of section        782          

2151.414 of the Revised Code that the child cannot be placed with  783          

one of the child's parents within a reasonable time or should not  784          

be placed with either parent and determines in accordance with     785          

division (D) of section 2151.414 of the Revised Code that the      786          

permanent commitment is in the best interest of the child.  If     787          

the court grants permanent custody under this division, the        788          

court, upon the request of any party, shall file a written         789          

opinion setting forth its findings of fact and conclusions of law  790          

in relation to the proceeding.                                     791          

      (5)  Place the child in a planned permanent living           794          

arrangement with a public children services agency or private      795          

                                                          19     


                                                                 
child placing agency, if a public children services agency or      796          

private child placing agency requests the court to place the       797          

child in a planned permanent living arrangement and if the court   798          

finds, by clear and convincing evidence, that a planned permanent  800          

living arrangement is in the best interest of the child and that   802          

one of the following exists:                                                    

      (a)  The child, because of physical, mental, or              804          

psychological problems or needs, is unable to function in a        805          

family-like setting and must remain in residential or              806          

institutional care.                                                807          

      (b)  The parents of the child have significant physical,     809          

mental, or psychological problems and are unable to care for the   810          

child because of those problems, adoption is not in the best       811          

interest of the child, as determined in accordance with division   812          

(D) of section 2151.414 of the Revised Code, and the child         813          

retains a significant and positive relationship with a parent or   814          

relative.                                                          815          

      (c)  The child is sixteen years of age or older, has been    817          

counseled on the permanent placement options available to the      818          

child, is unwilling to accept or unable to adapt to a permanent    819          

placement, and is in an agency program preparing the child for     820          

independent living.                                                             

      (6)  Order the removal from the child's home until further   823          

order of the court of the person who committed abuse as described  824          

in section 2151.031 of the Revised Code against the child, who     825          

caused or allowed the child to suffer neglect as described in      826          

section 2151.03 of the Revised Code, or who is the parent,         827          

guardian, or custodian of a child who is adjudicated a dependent   828          

child and order any person not to have contact with the child or   829          

the child's siblings.                                              830          

      (B)  No order for permanent custody or temporary custody of  832          

a child or the placement of a child in a planned permanent living  834          

arrangement shall be made pursuant to this section unless the      835          

complaint alleging the abuse, neglect, or dependency contains a    836          

                                                          20     


                                                                 
prayer requesting permanent custody, temporary custody, or the     837          

placement of the child in a planned permanent living arrangement   839          

as desired, the summons served on the parents of the child         840          

contains as is appropriate a full explanation that the granting    841          

of an order for permanent custody permanently divests them of      842          

their parental rights, a full explanation that an adjudication     843          

that the child is an abused, neglected, or dependent child may     844          

result in an order of temporary custody that will cause the        845          

removal of the child from their legal custody until the court      846          

terminates the order of temporary custody or permanently divests   847          

the parents of their parental rights, or a full explanation that   848          

the granting of an order for a planned permanent living                         

arrangement will result in the removal of the child from their     850          

legal custody if any of the conditions listed in divisions         851          

(A)(5)(a) to (c) of this section are found to exist, and the       852          

summons served on the parents contains a full explanation of       853          

their right to be represented by counsel and to have counsel       854          

appointed pursuant to Chapter 120. of the Revised Code if they     855          

are indigent.                                                      856          

      If after making disposition as authorized by division        858          

(A)(2) of this section, a motion is filed that requests permanent  859          

custody of the child, the court may grant permanent custody of     860          

the child to the movant in accordance with section 2151.414 of     861          

the Revised Code.                                                  862          

      (C)  If the court issues an order for protective             864          

supervision pursuant to division (A)(1) of this section, the       865          

court may place any reasonable restrictions upon the child, the    866          

child's parents, guardian, or custodian, or any other person,      867          

including, but not limited to, any of the following:               868          

      (1)  Order a party, within forty-eight hours after the       870          

issuance of the order, to vacate the child's home indefinitely or  871          

for a specified period of time;                                    872          

      (2)  Order a party, a parent of the child, or a physical     874          

custodian of the child to prevent any particular person from       875          

                                                          21     


                                                                 
having contact with the child;                                     876          

      (3)  Issue an order restraining or otherwise controlling     878          

the conduct of any person which conduct would not be in the best   879          

interest of the child.                                             880          

      (D)  As part of its dispositional order, the court shall     882          

journalize a case plan for the child.  The journalized case plan   883          

shall not be changed except as provided in section 2151.412 of     884          

the Revised Code.                                                  885          

      (E)(1)  The court shall retain jurisdiction over any child   887          

for whom the court issues an order of disposition pursuant to      888          

division (A) of this section or pursuant to section 2151.414 or    889          

2151.415 of the Revised Code until the child attains the age of    890          

eighteen YEARS if the child is not mentally retarded,              892          

developmentally disabled, or physically impaired, the child        893          

attains the age of twenty-one YEARS if the child is mentally                    

retarded, developmentally disabled, or physically impaired, or     895          

the child is adopted and a final decree of adoption is issued,     896          

except that the court may retain jurisdiction over the child and   897          

continue any order of disposition under division (A) of this       898          

section or under section 2151.414 or 2151.415 of the Revised Code  899          

for a specified period of time to enable the child to graduate     900          

from high school or vocational school.  The court shall make an    901          

entry continuing its jurisdiction under this division in the       902          

journal.                                                                        

      (2)  Any public children services agency, any private child  904          

placing agency, the department of job and family services, or any  906          

party, other than any parent whose parental rights with respect    907          

to the child have been terminated pursuant to an order issued      908          

under division (A)(4) of this section, by filing a motion with     909          

the court, may at any time request the court to modify or          910          

terminate any order of disposition issued pursuant to division     911          

(A) of this section or section 2151.414 or 2151.415 of the         912          

Revised Code.  The court shall hold a hearing upon the motion as   913          

if the hearing were the original dispositional hearing and shall   914          

                                                          22     


                                                                 
give all parties to the action and the guardian ad litem notice    915          

of the hearing pursuant to the Juvenile Rules.  If applicable,     916          

the court shall comply with section 2151.42 of the Revised Code.   917          

      (F)  Any temporary custody order issued pursuant to          919          

division (A) of this section shall terminate one year after the    920          

earlier of the date on which the complaint in the case was filed   921          

or the child was first placed into shelter care, except that,      922          

upon the filing of a motion pursuant to section 2151.415 of the    923          

Revised Code, the temporary custody order shall continue and not   924          

terminate until the court issues a dispositional order under that  925          

section.                                                           926          

      (G)(1)  No later than one year after the earlier of the      928          

date the complaint in the case was filed or the child was first    929          

placed in shelter care, a party may ask the court to extend an     930          

order for protective supervision for six months or to terminate    931          

the order.  A party requesting extension or termination of the     932          

order shall file a written request for the extension or                         

termination with the court and give notice of the proposed         933          

extension or termination in writing before the end of the day      934          

after the day of filing it to all parties and the child's          935          

guardian ad litem.  If a public children services agency or        936          

private child placing agency requests termination of the order,                 

the agency shall file a written status report setting out the      937          

facts supporting termination of the order at the time it files     938          

the request with the court.  If no party requests extension or     939          

termination of the order, the court shall notify the parties that  940          

the court will extend the order for six months or terminate it     941          

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   942          

have seven days from the date a notice is sent pursuant to this    943          

division to object to and request a hearing on the proposed        944          

extension or termination.                                                       

      (a)  If it receives a timely request for a hearing, the      946          

court shall schedule a hearing to be held no later than thirty     947          

                                                          23     


                                                                 
days after the request is received by the court.  The court shall  948          

give notice of the date, time, and location of the hearing to all  949          

parties and the guardian ad litem.  At the hearing, the court      950          

shall determine whether extension or termination of the order is   951          

in the child's best interest.  If termination is in the child's                 

best interest, the court shall terminate the order.  If extension  952          

is in the child's best interest, the court shall extend the order  953          

for six months.                                                                 

      (b)  If it does not receive a timely request for a hearing,  955          

the court may extend the order for six months or terminate it      956          

without a hearing and shall journalize the order of extension or   957          

termination not later than fourteen days after receiving the       958          

request for extension or termination or after the date the court   959          

notifies the parties that it will extend or terminate the order.   960          

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  961          

expiration of the applicable fourteen-day time period and give     962          

notice of the date, time, and location of the hearing to all       963          

parties and the child's guardian ad litem.  At the hearing, the    964          

court shall determine whether extension or termination of the      965          

order is in the child's best interest.  If termination is in the                

child's best interest, the court shall terminate the order.  If    966          

extension is in the child's best interest, the court shall issue   967          

an order extending the order for protective supervision six        968          

months.                                                                         

      (2)  If the court grants an extension of the order for       970          

protective supervision pursuant to division (G)(1) of this         971          

section, a party may, prior to termination of the extension, file  972          

with the court a request for an additional extension of six        973          

months or for termination of the order.  The court and the         974          

parties shall comply with division (G)(1) of this section with     975          

respect to extending or terminating the order.                                  

      (3)  If a court grants an extension pursuant to division     977          

(G)(2) of this section, the court shall terminate the order for    978          

                                                          24     


                                                                 
protective supervision at the end of the extension.                979          

      (H)  The court shall not issue a dispositional order         981          

pursuant to division (A) of this section that removes a child      982          

from the child's home unless the court complies with section       983          

2151.419 of the Revised Code and includes in the dispositional     986          

order the findings of fact required by that section.               987          

      (I)  If a motion or application for an order described in    990          

division (A)(6) of this section is made, the court shall not       991          

issue the order unless, prior to the issuance of the order, it     992          

provides to the person all of the following:                                    

      (1)  Notice and a copy of the motion or application;         994          

      (2)  The grounds for the motion or application;              996          

      (3)  An opportunity to present evidence and witnesses at a   998          

hearing regarding the motion or application;                       999          

      (4)  An opportunity to be represented by counsel at the      1,001        

hearing.                                                           1,002        

      (J)  The jurisdiction of the court shall terminate one year  1,005        

after the date of the award or, if the court takes any further     1,006        

action in the matter subsequent to the award, the date of the      1,007        

latest further action subsequent to the award, if the court        1,008        

awards legal custody of a child to either of the following:        1,009        

      (1)  A legal custodian who, at the time of the award of      1,011        

legal custody, resides in a county of this state other than the    1,012        

county in which the court is located;                                           

      (2)  A legal custodian who resides in the county in which    1,014        

the court is located at the time of the award of legal custody,    1,015        

but moves to a different county of this state prior to one year    1,016        

after the date of the award or, if the court takes any further     1,017        

action in the matter subsequent to the award, one year after the   1,018        

date of the latest further action subsequent to the award.                      

      The court in the county in which the legal custodian         1,020        

resides then shall have jurisdiction in the matter.                1,021        

      Sec. 2151.55.  When a private or governmental entity         1,030        

intends to place a child in a CERTIFIED foster home in a county    1,031        

                                                          25     


                                                                 
other than the county in which the child resided at the time of    1,033        

being removed from home, a representative of the placing entity    1,034        

shall orally communicate the intended placement to the foster      1,035        

caregiver with whom the child is to be placed and, if the child    1,036        

will attend the schools of the district in which the CERTIFIED     1,037        

foster home is located, a representative of the school district's  1,039        

board of education.                                                             

      Sec. 2151.554.  When a private or governmental entity        1,048        

places a child who has been adjudicated to be an unruly or         1,049        

delinquent child in a CERTIFIED foster home in a county other      1,050        

than the county in which the child resided at the time of being    1,052        

removed from home, the placing entity shall provide the following  1,053        

information in writing to the juvenile court of the county in      1,055        

which the CERTIFIED foster home is located:                        1,056        

      (A)  The information listed in divisions (B)(2) to (4) of    1,058        

section 2151.551 of the Revised Code;                              1,060        

      (B)  A brief description of the facts supporting the         1,062        

adjudication that the child is unruly or delinquent;               1,063        

      (C)  The name and address of the foster caregiver;           1,065        

      (D)  Safety and well-being concerns with respect to the      1,067        

child and community.                                               1,068        

      Sec. 2151.62.  (A)  This section applies only to a child     1,077        

who is or previously has been adjudicated a delinquent child for   1,078        

an act to which any of the following applies:                      1,079        

      (1)  It is a violation of section 2903.01, 2903.02,          1,081        

2903.03, 2903.04, 2903.11, 2903.12, 2903.13, 2907.02, 2907.03, or  1,082        

2907.05 of the Revised Code;                                                    

      (2)  It is a violation of section 2923.01 of the Revised     1,085        

Code and involved an attempt to commit aggravated murder or        1,086        

murder;                                                                         

      (3)  It would be a felony if committed by an adult and the   1,088        

court determined that the child, if an adult, would be guilty of   1,089        

a specification found in section 2941.141, 2941.144, or 2941.145   1,090        

of the Revised Code or in another section of the Revised Code      1,092        

                                                          26     


                                                                 
that relates to the possession or use of a firearm, as defined in  1,093        

section 2923.11 of the Revised Code, during the commission of the  1,094        

act for which the child was adjudicated a delinquent child.        1,095        

      (B)(1)  Except as provided in division (E) of this section,  1,098        

a public children services agency, private child placing agency,   1,100        

private noncustodial agency, or court, the department of youth                  

services, or another private or government entity shall not place  1,101        

a child in a CERTIFIED foster home until it provides the foster    1,102        

caregivers with all of the following:                              1,104        

      (a)  A written report describing the child's social          1,106        

history;                                                                        

      (b)  A written report describing all the acts committed by   1,108        

the child the entity knows of that resulted in the child being     1,111        

adjudicated a delinquent child and the disposition made by the     1,112        

court, unless the records pertaining to the acts have been sealed  1,113        

pursuant to section 2151.358 of the Revised Code;                  1,114        

      (c)  A written report describing any other violent act       1,116        

committed by the child of which the entity is aware;               1,118        

      (d)  The substantial and material conclusions and            1,120        

recommendations of any psychiatric or psychological examination    1,122        

conducted on the child or, if no psychological or psychiatric      1,123        

examination of the child is available, the substantial and         1,124        

material conclusions and recommendations of an examination to      1,125        

detect mental and emotional disorders conducted in compliance      1,126        

with the requirements of Chapter 4757. of the Revised Code by an                

independent social worker, social worker, professional clinical    1,127        

counselor, or professional counselor licensed under that chapter.  1,128        

The entity shall not provide any part of a psychological,          1,129        

psychiatric, or mental and emotional disorder examination to the   1,130        

foster caregivers other than the substantial and material          1,131        

conclusions.                                                                    

      (2)  Notwithstanding section 2151.358 of the Revised Code,   1,134        

if records of an adjudication that a child is a delinquent child   1,135        

have been sealed pursuant to that section and an entity knows the               

                                                          27     


                                                                 
records have been sealed, the entity shall provide the foster      1,136        

caregivers a written statement that the records of a prior         1,137        

adjudication have been sealed.                                                  

      (C)  The entity that places the child in a CERTIFIED foster  1,140        

home shall conduct a psychological examination of the child,       1,142        

except that the entity is not required to conduct the examination               

if such an examination was conducted no more than one year prior   1,143        

to the child's placement.  No later than sixty days after placing  1,144        

the child, the entity shall provide the foster caregiver a         1,146        

written report detailing the substantial and material conclusions               

and recommendations of the examination conducted pursuant to this  1,148        

division.                                                                       

      (D)(1)  Except as provided in divisions (D)(2) and (3) of    1,150        

this section, the expenses of conducting the examinations and      1,152        

preparing the reports and assessment required by division (B) or   1,153        

(C) of this section shall be paid by the entity that places the    1,154        

child in the CERTIFIED foster home.                                1,155        

      (2)  When a juvenile court grants temporary or permanent     1,157        

custody of a child pursuant to any section of the Revised Code,    1,158        

including section 2151.33, 2151.353, 2151.354, or 2151.355 of the  1,160        

Revised Code, to a public children services agency or private      1,161        

child placing agency, the court shall provide the agency the       1,163        

information described in division (B) of this section, pay the     1,165        

expenses of preparing that information, and, if a new examination  1,166        

is required to be conducted, pay the expenses of conducting the    1,167        

examination described in division (C) of this section.  On         1,168        

receipt of the information described in division (B) of this                    

section, the agency shall provide to the court written             1,169        

acknowledgment that the agency received the information.  The      1,170        

court shall keep the acknowledgment and provide a copy to the      1,171        

agency.  On the motion of the agency, the court may terminate the  1,172        

order granting temporary or permanent custody of the child to      1,173        

that agency, if the court does not provide the information         1,174        

described in division (B) of this section.                         1,175        

                                                          28     


                                                                 
      (3)  If one of the following entities is placing a child in  1,177        

a CERTIFIED foster home with the assistance of or by contracting   1,179        

with a public children services agency, private child placing      1,180        

agency, or a private noncustodial agency, the entity shall         1,181        

provide the agency with the information described in division (B)  1,182        

of this section, pay the expenses of preparing that information,                

and, if a new examination is required to be conducted, pay the     1,183        

expenses of conducting the examination described in division (C)   1,184        

of this section:                                                   1,185        

      (a)  The department of youth services if the placement is    1,187        

pursuant to any section of the Revised Code including section      1,188        

2151.38, 5139.06, 5139.07, 5139.38, or 5139.39 of the Revised      1,190        

Code;                                                                           

      (b)  A juvenile court with temporary or permanent custody    1,192        

of a child pursuant to section 2151.354 or 2151.355 of the         1,193        

Revised Code;                                                                   

      (c)  A public children services agency or private child      1,195        

placing agency with temporary or permanent custody of the child.   1,196        

      The agency receiving the information described in division   1,198        

(B) of this section shall provide the entity described in          1,200        

division (D)(3)(a) to (c) of this section that sent the            1,201        

information written acknowledgment that the agency received the    1,203        

information and provided it to the foster caregivers.  The entity               

shall keep the acknowledgment and provide a copy to the agency.    1,205        

An entity that places a child in a CERTIFIED foster home with the  1,206        

assistance of or by contracting with an agency remains             1,207        

responsible to provide the information described in division (B)   1,209        

of this section to the foster caregivers unless the entity         1,210        

receives written acknowledgment that the agency provided the       1,211        

information.                                                                    

      (E)  If a child is placed in a CERTIFIED foster home as a    1,214        

result of an emergency removal of the child from home pursuant to  1,215        

division (D) of section 2151.31 of the Revised Code, an emergency  1,217        

change in the child's case plan pursuant to division (E)(3) of     1,219        

                                                          29     


                                                                 
section 2151.412 of the Revised Code, or an emergency placement    1,220        

by the department of youth services pursuant to this chapter or    1,221        

Chapter 5139. of the Revised Code, the entity that places the      1,222        

child in the CERTIFIED foster home shall provide the information   1,224        

described in division (B) of this section no later than            1,226        

ninety-six hours after the child is placed in the CERTIFIED                     

foster home.                                                       1,227        

      (F)  On receipt of the information described in divisions    1,229        

(B) and (C) of this section, the foster caregiver shall provide    1,231        

to the entity that places the child in the foster caregiver's                   

home a written acknowledgment that the foster caregiver received   1,232        

the information.  The entity shall keep the acknowledgment and     1,234        

provide a copy to the foster caregiver.                            1,235        

      (G)  No person employed by an entity subject to this         1,237        

section and made responsible by that entity for the child's        1,238        

placement in a CERTIFIED foster home shall fail to provide the     1,241        

foster caregivers with the information required by divisions (B)   1,242        

and (C) of this section.                                           1,243        

      (H)  It is not a violation of any duty of confidentiality    1,246        

provided for in the Revised Code or a code of professional         1,248        

responsibility for a person or government entity to provide the    1,249        

substantial and material conclusions and recommendations of a      1,250        

psychiatric or psychological examination, or an examination to     1,251        

detect mental and emotional disorders, in accordance with          1,252        

division (B)(1)(d) or (C) of this section.                         1,254        

      Sec. 2907.08.  (A)  No person, for the purpose of sexually   1,263        

arousing or gratifying the person's self, shall commit trespass    1,265        

or otherwise surreptitiously invade the privacy of another, to     1,266        

spy or eavesdrop upon another.                                     1,267        

      (B)  No person, for the purpose of sexually arousing or      1,269        

gratifying the person's self, shall commit trespass or otherwise   1,270        

surreptitiously invade the privacy of another to photograph the    1,271        

other person in a state of nudity.                                              

      (C)  No person, for the purpose of sexually arousing or      1,273        

                                                          30     


                                                                 
gratifying the person's self, shall commit trespass or otherwise   1,275        

surreptitiously invade the privacy of another to photograph the    1,276        

other person in a state of nudity if the other person is a minor.  1,277        

      (D)  No person, for the purpose of sexually arousing or      1,280        

gratifying the person's self, shall commit trespass or otherwise   1,281        

surreptitiously invade the privacy of another to photograph the                 

other person in a state of nudity if the other person is a minor   1,283        

and any of the following applies:                                  1,284        

      (1)  The offender is the minor's natural or adoptive         1,286        

parent, stepparent, guardian, or custodian, or person in loco      1,287        

parentis of the minor.                                                          

      (2)  The minor is in custody of law or is a patient in a     1,289        

hospital or other institution, and the offender has supervisory    1,290        

or disciplinary authority over the minor.                          1,291        

      (3)  The offender is a teacher, administrator, coach, or     1,293        

other person in authority employed by or serving in a school for   1,294        

which the state board of education prescribes minimum standards    1,295        

pursuant to division (D) of section 3301.07 of the Revised Code,   1,297        

the minor is enrolled in or attends that school, and the offender  1,298        

is not enrolled in and does not attend that school.                1,299        

      (4)  The offender is a teacher, administrator, coach, or     1,301        

other person in authority employed by or serving in an             1,302        

institution of higher education, and the minor is enrolled in or   1,304        

attends that institution.                                                       

      (5)  The offender is a caregiver, administrator, or other    1,306        

person in authority employed by or serving in a child day-care     1,307        

center, type A family day-care home, or type B family day-care     1,309        

home, and the minor is enrolled in or attends that center or       1,310        

home.                                                                           

      (6)  The offender is the minor's athletic or other type of   1,312        

coach, is the minor's instructor, is the leader of a scouting      1,313        

troop of which the minor is a member, provides babysitting care    1,314        

for the minor, or is a person with temporary or occasional         1,315        

disciplinary control over the minor.                                            

                                                          31     


                                                                 
      (E)(1)  Whoever violates this section is guilty of           1,317        

voyeurism.                                                         1,318        

      (2)  A violation of division (A) of this section is a        1,321        

misdemeanor of the third degree.                                                

      (3)  A violation of division (B) of this section is a        1,324        

misdemeanor of the second degree.                                               

      (4)  A violation of division (C) of this section is a        1,327        

misdemeanor of the first degree.                                                

      (5)  A violation of division (D) of this section is a        1,330        

felony of the fifth degree.                                                     

      (F)  As used in this section:                                1,332        

      (1)  "Institution of higher education" means a state         1,334        

institution of higher education as defined in section 3345.031 of  1,335        

the Revised Code, a private nonprofit college or university        1,337        

located in this state that possesses a certificate of              1,338        

authorization issued by the Ohio board of regents pursuant to      1,339        

Chapter 1713. of the Revised Code, or a school certified under     1,342        

Chapter 3332. of the Revised Code.                                 1,344        

      (2)  "Child day-care center," "type A family day-care        1,347        

home," and "type B family day-care home" have the same meanings    1,348        

as in section 5104.01 of the Revised Code.                         1,350        

      (3)  "Babysitting care" has the same meaning as in section   1,352        

2151.011 of the Revised Code MEANS CARE PROVIDED FOR A CHILD       1,354        

WHILE THE PARENTS, GUARDIAN, OR LEGAL CUSTODIAN OF THE CHILD ARE   1,355        

TEMPORARILY AWAY.                                                               

      Sec. 3313.64.  (A)  As used in this section and in section   1,364        

3313.65 of the Revised Code:                                       1,365        

      (1)  "Parent" means either parent, unless the parents are    1,367        

separated or divorced or their marriage has been dissolved or      1,368        

annulled, in which case "parent" means the parent who is the       1,369        

residential parent and legal custodian of the child.  When a       1,370        

child is in the legal custody of a government agency or a person   1,371        

other than the child's natural or adoptive parent, "parent" means  1,372        

the parent with residual parental rights, privileges, and          1,373        

                                                          32     


                                                                 
responsibilities.  When a child is in the permanent custody of a   1,374        

government agency or a person other than the child's natural or    1,375        

adoptive parent, "parent" means the parent who was divested of     1,376        

parental rights and responsibilities for the care of the child     1,377        

and the right to have the child live with the parent and be the    1,378        

legal custodian of the child and all residual parental rights,     1,380        

privileges, and responsibilities.                                  1,381        

      (2)  "Legal custody," "permanent custody," and "residual     1,383        

parental rights, privileges, and responsibilities" have the same   1,384        

meanings as in section 2151.011 of the Revised Code.               1,385        

      (3)  "School district" or "district" means a city, local,    1,387        

or exempted village school district and excludes any school        1,388        

operated in an institution maintained by the department of youth   1,389        

services.                                                          1,390        

      (4)  Except as used in division (C)(2) of this section,      1,392        

"home" means a home, institution, family foster home, group home,  1,393        

or other residential facility in this state that receives and      1,394        

cares for children, to which any of the following applies:         1,395        

      (a)  The home is licensed, certified, or approved for such   1,397        

purpose by the state or is maintained by the department of youth   1,398        

services.                                                          1,399        

      (b)  The home is operated by a person who is licensed,       1,401        

certified, or approved by the state to operate the home for such   1,402        

purpose.                                                           1,403        

      (c)  The home accepted the child through a placement by a    1,405        

person licensed, certified, or approved to place a child in such   1,406        

a home by the state.                                               1,407        

      (d)  The home is a children's home created under section     1,409        

5153.21 or 5153.36 of the Revised Code.                            1,410        

      (5)  "Agency" means all of the following:                    1,412        

      (a)  A public children services agency;                      1,414        

      (b)  An organization that holds a certificate issued by the  1,416        

Ohio department of job and family services in accordance with the  1,418        

requirements of section 5103.03 of the Revised Code and assumes    1,419        

                                                          33     


                                                                 
temporary or permanent custody of children through commitment,     1,420        

agreement, or surrender, and places children in family homes for   1,421        

the purpose of adoption;                                           1,422        

      (c)  Comparable agencies of other states or countries that   1,424        

have complied with applicable requirements of section 2151.39, or  1,425        

sections 5103.20 to 5103.28 of the Revised Code.                   1,426        

      (6)  A child is placed for adoption if either of the         1,428        

following occurs:                                                  1,429        

      (a)  An agency to which the child has been permanently       1,431        

committed or surrendered enters into an agreement with a person    1,432        

pursuant to section 5103.16 of the Revised Code for the care and   1,434        

adoption of the child.                                             1,435        

      (b)  The child's natural parent places the child pursuant    1,437        

to section 5103.16 of the Revised Code with a person who will      1,438        

care for and adopt the child.                                      1,439        

      (7)  "Handicapped preschool child" means a handicapped       1,441        

child, as defined by division (A) of section 3323.01 of the        1,442        

Revised Code, who is at least three years of age but is not of     1,443        

compulsory school age, as defined in section 3321.01 of the        1,444        

Revised Code, and who is not currently enrolled in kindergarten.   1,445        

      (8)  "Child," unless otherwise indicated, includes           1,447        

handicapped preschool children.                                    1,448        

      (B)  Except as otherwise provided in section 3321.01 of the  1,450        

Revised Code for admittance to kindergarten and first grade, a     1,451        

child who is at least five but under twenty-two years of age and   1,452        

any handicapped preschool child shall be admitted to school as     1,453        

provided in this division.                                         1,454        

      (1)  A child shall be admitted to the schools of the school  1,456        

district in which the child's parent resides.                      1,457        

      (2)  A child who does not reside in the district where the   1,460        

child's parent resides shall be admitted to the schools of the                  

district in which the child resides if any of the following        1,462        

applies:                                                                        

      (a)  The child is in the legal or permanent custody of a     1,464        

                                                          34     


                                                                 
government agency or a person other than the child's natural or    1,466        

adoptive parent.                                                   1,467        

      (b)  The child resides in a home.                            1,469        

      (c)  The child requires special education.                   1,471        

      (3)  A child who is not entitled under division (B)(2) of    1,473        

this section to be admitted to the schools of the district where   1,474        

the child resides and who is residing with a resident of this      1,475        

state with whom the child has been placed for adoption shall be    1,477        

admitted to the schools of the district where the child resides    1,479        

unless either of the following applies:                            1,480        

      (a)  The placement for adoption has been terminated.         1,482        

      (b)  Another school district is required to admit the child  1,484        

under division (B)(1) of this section.                             1,485        

      Division (B) of this section does not prohibit the board of  1,487        

education of a school district from placing a handicapped child    1,488        

who resides in the district in a special education program         1,489        

outside of the district or its schools in compliance with Chapter  1,490        

3323. of the Revised Code.                                         1,491        

      (C)  A district shall not charge tuition for children        1,493        

admitted under division (B)(1) or (3) of this section.  If the     1,494        

district admits a child under division (B)(2) of this section,     1,495        

tuition shall be paid to the district that admits the child as     1,496        

follows:                                                           1,497        

      (1)  If the child receives special education in accordance   1,499        

with Chapter 3323. of the Revised Code, tuition shall be paid in   1,500        

accordance with section 3323.091, 3323.13, 3323.14, or 3323.141    1,501        

of the Revised Code regardless of who has custody of the child or  1,502        

whether the child resides in a home.                               1,503        

      (2)  Except as otherwise provided in division (C)(2)(d) of   1,505        

this section, if the child is in the permanent or legal custody    1,506        

of a government agency or person other than the child's parent,    1,507        

tuition shall be paid by:                                          1,508        

      (a)  The district in which the child's parent resided at     1,510        

the time the court removed the child from home or at the time the  1,512        

                                                          35     


                                                                 
court vested legal or permanent custody of the child in the                     

person or government agency, whichever occurred first; or          1,513        

      (b)  If the parent's residence at the time the court         1,515        

removed the child from home or placed the child in the legal or    1,517        

permanent custody of the person or government agency is unknown,                

tuition shall be paid by the district in which the child resided   1,518        

at the time the child was removed from home or placed in legal or  1,520        

permanent custody, whichever occurred first; or                                 

      (c)  If a school district cannot be established under        1,522        

division (C)(2)(a) or (b) of this section, tuition shall be paid   1,523        

by the district determined as required by section 2151.357 of the  1,524        

Revised Code by the court at the time it vests custody of the      1,525        

child in the person or government agency.;                         1,526        

      (d)  If at the time the court removed the child from home    1,529        

or vested legal or permanent custody of the child in the person    1,530        

or government agency, whichever occurred first, one parent was in  1,531        

a residential or correctional facility or a juvenile residential   1,532        

placement and the other parent, if living and not in such a        1,533        

facility or placement, was not known to reside in this state,      1,534        

tuition shall be paid by the district determined under division    1,535        

(D) of section 3313.65 of the Revised Code as the district         1,536        

required to pay any tuition while the parent was in such facility  1,537        

or placement.                                                                   

      (3)  If the child is not in the permanent or legal custody   1,539        

of a government agency or person other than the child's parent     1,541        

and the child resides in a home, tuition shall be paid by one of   1,542        

the following:                                                                  

      (a)  The school district in which the child's parent         1,544        

resides;                                                           1,545        

      (b)  If the child's parent is not a resident of this state,  1,547        

the home in which the child resides.                               1,548        

      (D)  Tuition required to be paid under divisions (C)(2) and  1,550        

(3)(a) of this section shall be computed in accordance with        1,551        

section 3317.08 of the Revised Code.  Tuition required to be paid  1,552        

                                                          36     


                                                                 
under division (C)(3)(b) of this section shall be computed in      1,553        

accordance with section 3317.081 of the Revised Code.  If a home   1,554        

fails to pay the tuition required by division (C)(3)(b) of this    1,555        

section, the board of education providing the education may        1,556        

recover in a civil action the tuition and the expenses incurred    1,557        

in prosecuting the action, including court costs and reasonable    1,558        

attorney's fees.  If the prosecuting attorney or city director of  1,559        

law represents the board in such action, costs and reasonable      1,560        

attorney's fees awarded by the court, based upon the prosecuting   1,561        

attorney's, director's, or one of their designee's time spent      1,563        

preparing and presenting the case, shall be deposited in the       1,564        

county or city general fund.                                       1,565        

      (E)  A board of education may enroll a child free of any     1,567        

tuition obligation for a period not to exceed sixty days, on the   1,568        

sworn statement of an adult resident of the district that the      1,569        

resident has initiated legal proceedings for custody of the        1,571        

child.                                                                          

      (F)  In the case of any individual entitled to attend        1,573        

school under this division, no tuition shall be charged by the     1,574        

school district of attendance and no other school district shall   1,575        

be required to pay tuition for the individual's attendance.        1,576        

Notwithstanding division (B), (C), or (E) of this section:         1,577        

      (1)  All persons at least eighteen but under twenty-two      1,579        

years of age who live apart from their parents, support            1,580        

themselves by their own labor, and have not successfully           1,581        

completed the high school curriculum or the individualized         1,582        

education program developed for the person by the high school      1,583        

pursuant to section 3323.08 of the Revised Code, are entitled to   1,584        

attend school in the district in which they reside.                1,585        

      (2)  Any child under eighteen years of age who is married    1,587        

is entitled to attend school in the child's district of            1,588        

residence.                                                         1,589        

      (3)  A child is entitled to attend school in the district    1,591        

in which either of the child's parents is employed if the child    1,593        

                                                          37     


                                                                 
has a medical condition that may require emergency medical         1,594        

attention.  The parent of a child entitled to attend school under  1,595        

division (F)(3) of this section shall submit to the board of       1,596        

education of the district in which the parent is employed a        1,597        

statement from the child's physician certifying that the child's   1,598        

medical condition may require emergency medical attention.  The    1,599        

statement shall be supported by such other evidence as the board   1,600        

may require.                                                                    

      (4)  Any child residing with a person other than the         1,602        

child's parent is entitled, for a period not to exceed twelve      1,604        

months, to attend school in the district in which that person      1,605        

resides if the child's parent files an affidavit with the          1,606        

superintendent of the district in which the person with whom the   1,607        

child is living resides stating all of the following:              1,608        

      (a)  That the parent is serving outside of the state in the  1,610        

armed services of the United States;                               1,611        

      (b)  That the parent intends to reside in the district upon  1,613        

returning to this state;                                           1,614        

      (c)  The name and address of the person with whom the child  1,616        

is living while the parent is outside the state.                   1,617        

      (5)  Any child under the age of twenty-two years who, after  1,619        

the death of a parent, resides in a school district other than     1,620        

the district in which the child attended school at the time of     1,621        

the parent's death is entitled to continue to attend school in     1,622        

the district in which the child attended school at the time of     1,623        

the parent's death for the remainder of the school year, subject   1,624        

to approval of that district board.                                1,625        

      (6)  A child under the age of twenty-two years who resides   1,627        

with a parent who is having a new house built in a school          1,628        

district outside the district where the parent is residing is      1,629        

entitled to attend school for a period of time in the district     1,630        

where the new house is being built.  In order to be entitled to    1,631        

such attendance, the parent shall provide the district             1,632        

superintendent with the following:                                 1,633        

                                                          38     


                                                                 
      (a)  A sworn statement explaining the situation, revealing   1,635        

the location of the house being built, and stating the parent's    1,636        

intention to reside there upon its completion;                     1,637        

      (b)  A statement from the builder confirming that a new      1,639        

house is being built for the parent and that the house is at the   1,640        

location indicated in the parent's statement.                      1,641        

      (7)  A child under the age of twenty-two years residing      1,643        

with a parent who has a contract to purchase a house in a school   1,644        

district outside the district where the parent is residing and     1,645        

who is waiting upon the date of closing of the mortgage loan for   1,646        

the purchase of such house is entitled to attend school for a      1,647        

period of time in the district where the house is being            1,648        

purchased.  In order to be entitled to such attendance, the        1,649        

parent shall provide the district superintendent with the          1,650        

following:                                                         1,651        

      (a)  A sworn statement explaining the situation, revealing   1,653        

the location of the house being purchased, and stating the         1,654        

parent's intent to reside there;                                   1,655        

      (b)  A statement from a real estate broker or bank officer   1,657        

confirming that the parent has a contract to purchase the house,   1,658        

that the parent is waiting upon the date of closing of the         1,659        

mortgage loan, and that the house is at the location indicated in  1,660        

the parent's statement.                                            1,661        

      The district superintendent shall establish a period of      1,663        

time not to exceed ninety days during which the child entitled to  1,664        

attend school under division (F)(6) or (7) of this section may     1,665        

attend without tuition obligation.  A student attending a school   1,666        

under division (F)(6) or (7) of this section shall be eligible to  1,667        

participate in interscholastic athletics under the auspices of     1,668        

that school, provided the board of education of the school         1,669        

district where the student's parent resides, by a formal action,   1,670        

releases the student to participate in interscholastic athletics   1,671        

at the school where the student is attending, and provided the     1,672        

student receives any authorization required by a public agency or  1,673        

                                                          39     


                                                                 
private organization of which the school district is a member      1,674        

exercising authority over interscholastic sports.                  1,675        

      (8)  A child whose parent is a full-time employee of a       1,677        

city, local, or exempted village school district, or of an         1,678        

educational service center, may be admitted to the schools of the  1,680        

district where the child's parent is employed, or in the case of   1,681        

a child whose parent is employed by an educational service         1,682        

center, in the district that serves the location where the         1,683        

parent's job is primarily located, provided the district board of  1,684        

education establishes such an admission policy by resolution       1,685        

adopted by a majority of its members.  Any such policy shall take  1,686        

effect on the first day of the school year and the effective date  1,687        

of any amendment or repeal may not be prior to the first day of    1,688        

the subsequent school year.  The policy shall be uniformly         1,689        

applied to all such children and shall provide for the admission   1,690        

of any such child upon request of the parent.  No child may be     1,691        

admitted under this policy after the first day of classes of any   1,692        

school year.                                                                    

      (9)  A child who is with the child's parent under the care   1,694        

of a shelter for victims of domestic violence, as defined in       1,696        

section 3113.33 of the Revised Code, is entitled to attend school  1,697        

free in the district in which the child is with the child's        1,698        

parent, and no other school district shall be required to pay      1,701        

tuition for the child's attendance in that school district.        1,703        

      The enrollment of a child in a school district under this    1,705        

division shall not be denied due to a delay in the school          1,706        

district's receipt of any records required under section 3313.672  1,707        

of the Revised Code or any other records required for enrollment.  1,708        

Any days of attendance and any credits earned by a child while     1,709        

enrolled in a school district under this division shall be         1,710        

transferred to and accepted by any school district in which the    1,711        

child subsequently enrolls.  The state board of education shall    1,712        

adopt rules to ensure compliance with this division.               1,713        

      (10)  Any child under the age of twenty-two years whose      1,715        

                                                          40     


                                                                 
parent has moved out of the school district after the              1,716        

commencement of classes in the child's senior year of high school  1,717        

is entitled, subject to the approval of that district board, to    1,718        

attend school in the district in which the child attended school   1,719        

at the time of the parental move for the remainder of the school   1,720        

year and for one additional semester or equivalent term.  A        1,722        

district board may also adopt a policy specifying extenuating      1,723        

circumstances under which a student may continue to attend school  1,724        

under division (F)(10) of this section for an additional period    1,725        

of time in order to successfully complete the high school          1,726        

curriculum for the individualized education program developed for  1,727        

the student by the high school pursuant to section 3323.08 of the  1,728        

Revised Code.                                                                   

      (11)  As used in this division, "grandparent" means a        1,730        

parent of a parent of a child.  A child under the age of           1,731        

twenty-two years who is in the custody of the child's parent,      1,733        

resides with a grandparent, and does not require special           1,734        

education is entitled to attend the schools of the district in     1,735        

which the child's grandparent resides, provided that, prior to     1,737        

such attendance in any school year, the board of education of the  1,738        

school district in which the child's grandparent resides and the   1,739        

board of education of the school district in which the child's     1,741        

parent resides enter into a written agreement specifying that      1,743        

good cause exists for such attendance, describing the nature of    1,744        

this good cause, and consenting to such attendance.                1,745        

      In lieu of a consent form signed by a parent, a board of     1,747        

education may request the grandparent of a child attending school  1,748        

in the district in which the grandparent resides pursuant to       1,749        

division (F)(11) of this section to complete any consent form      1,750        

required by the district, including any authorization required by  1,751        

sections 3313.712, 3313.713, and 3313.716 of the Revised Code.     1,752        

Upon request, the grandparent shall complete any consent form      1,753        

required by the district.  A school district shall not incur any   1,754        

liability solely because of its receipt of a consent form from a   1,755        

                                                          41     


                                                                 
grandparent in lieu of a parent.                                   1,756        

      Division (F)(11) of this section does not create, and shall  1,759        

not be construed as creating, a new cause of action or             1,760        

substantive legal right against a school district, a member of a   1,761        

board of education, or an employee of a school district.  This     1,762        

section does not affect, and shall not be construed as affecting,  1,763        

any immunities from defenses to tort liability created or          1,764        

recognized by Chapter 2744. of the Revised Code for a school       1,765        

district, member, or employee.                                                  

      (12)  A child under the age of twenty-two years is entitled  1,768        

to attend school in a school district other than the district in                

which the child is entitled to attend school under division (B),   1,770        

(C), or (E) of this section provided that, prior to such           1,772        

attendance in any school year, both of the following occur:        1,773        

      (a)  The superintendent of the district in which the child   1,775        

is entitled to attend school under division (B), (C), or (E) of    1,778        

this section contacts the superintendent of another district for                

purposes of this division;                                         1,780        

      (b)  The superintendents of both districts enter into a      1,783        

written agreement that consents to the attendance and specifies                 

that the purpose of such attendance is to protect the student's    1,785        

physical or mental well-being or to deal with other extenuating    1,786        

circumstances deemed appropriate by the superintendents.                        

      While an agreement is in effect under this division for a    1,788        

student who is not receiving special education under Chapter       1,789        

3323. of the Revised Code and notwithstanding Chapter 3327. of     1,790        

the Revised Code, the board of education of neither school         1,791        

district involved in the agreement is required to provide          1,792        

transportation for the student to and from the school where the    1,793        

student attends.                                                                

      A student attending a school of a district pursuant to this  1,795        

division shall be allowed to participate in all student            1,796        

activities, including interscholastic athletics, at the school     1,797        

where the student is attending on the same basis as any student    1,798        

                                                          42     


                                                                 
who has always attended the schools of that district while of      1,799        

compulsory school age.                                                          

      (G)  A board of education, after approving admission, may    1,801        

waive tuition for students who will temporarily reside in the      1,802        

district and who are either of the following:                      1,803        

      (1)  Residents or domiciliaries of a foreign nation who      1,805        

request admission as foreign exchange students;                    1,806        

      (2)  Residents or domiciliaries of the United States but     1,808        

not of Ohio who request admission as participants in an exchange   1,809        

program operated by a student exchange organization.               1,810        

      (H)  Pursuant to sections 3311.211, 3313.90, 3319.01,        1,812        

3323.04, 3327.04, and 3327.06 of the Revised Code, a child may     1,813        

attend school or participate in a special education program in a   1,814        

school district other than in the district where the child is      1,815        

entitled to attend school under division (B) of this section.      1,816        

      (I)  This division does not apply to a child receiving       1,818        

special education.                                                 1,819        

      A school district required to pay tuition pursuant to        1,821        

division (C)(2) or (3) of this section or section 3313.65 of the   1,822        

Revised Code shall have an amount deducted under division (F) of   1,824        

section 3317.023 of the Revised Code equal to its own tuition      1,825        

rate for the same period of attendance.  A school district         1,826        

entitled to receive tuition pursuant to division (C)(2) or (3) of  1,827        

this section or section 3313.65 of the Revised Code shall have an  1,828        

amount credited under division (F) of section 3317.023 of the      1,830        

Revised Code equal to its own tuition rate for the same period of  1,831        

attendance.  If the tuition rate credited to the district of       1,832        

attendance exceeds the rate deducted from the district required    1,833        

to pay tuition, the department of education shall pay the          1,834        

district of attendance the difference from amounts deducted from   1,835        

all districts' payments under division (F) of section 3317.023 of  1,837        

the Revised Code but not credited to other school districts under  1,838        

such division and from appropriations made for such purpose.  The  1,839        

treasurer of each school district shall, by the fifteenth day of   1,840        

                                                          43     


                                                                 
January and July, furnish the superintendent of public             1,841        

instruction a report of the names of each child who attended the   1,842        

district's schools under divisions (C)(2) and (3) of this section  1,843        

or section 3313.65 of the Revised Code during the preceding six    1,844        

calendar months, the duration of the attendance of those           1,845        

children, the school district responsible for tuition on behalf    1,846        

of the child, and any other information that the superintendent    1,847        

requires.                                                          1,848        

      Upon receipt of the report the superintendent, pursuant to   1,850        

division (F) of section 3317.023 of the Revised Code, shall        1,851        

deduct each district's tuition obligations under divisions (C)(2)  1,852        

and (3) of this section or section 3313.65 of the Revised Code     1,853        

and pay to the district of attendance that amount plus any amount  1,854        

required to be paid by the state.                                  1,855        

      (J)  In the event of a disagreement, the superintendent of   1,857        

public instruction shall determine the school district in which    1,858        

the parent resides.                                                1,859        

      (K)  Nothing in this section requires or authorizes, or      1,861        

shall be construed to require or authorize, the admission to a     1,862        

public school in this state of a pupil who has been permanently    1,863        

excluded from public school attendance by the superintendent of    1,864        

public instruction pursuant to sections 3301.121 and 3313.662 of   1,865        

the Revised Code.                                                  1,866        

      Sec. 5101.14.  (A)  Within available funds, the department   1,875        

of job and family services shall make payments to the counties     1,876        

within thirty days after the beginning of each calendar quarter    1,877        

for a part of their costs for services to children performed       1,878        

pursuant to Chapter 5153. of the Revised Code.                     1,879        

      Funds provided to the county under this section shall be     1,881        

deposited into the children services fund created pursuant to      1,883        

section 5101.144 of the Revised Code.                                           

      (B)(1)  The funds distributed under this section shall be    1,885        

used for the following:                                            1,886        

      (a)  Home-based services to children and families;           1,888        

                                                          44     


                                                                 
      (b)  Protective services to children;                        1,890        

      (c)  To find, develop, and approve adoptive homes;           1,892        

      (d)  Short-term, out-of-home care and treatment for          1,894        

children;                                                                       

      (e)  Costs for the care of a child who resides with a        1,897        

caretaker relative, other than the child's parent, and is in the   1,898        

legal custody of a public children services agency pursuant to a   1,899        

voluntary temporary custody agreement entered into under division  1,900        

(A) of section 5103.15 of the Revised Code or in the legal         1,902        

custody of a public children services agency or the caretaker      1,903        

relative pursuant to an allegation or adjudication of abuse,       1,904        

neglect, or dependency made under Chapter 2151. of the Revised     1,906        

Code;                                                              1,907        

      (f)  Other services a public children services agency        1,910        

considers necessary to protect children from abuse, neglect, or    1,911        

dependency.                                                                     

      (2)  No funds distributed under this section shall be used   1,914        

for the costs of maintaining a child in a children's home owned    1,915        

and operated by the county.                                        1,916        

      (C)  In each fiscal year, the amount of funds available for  1,918        

distribution under this section shall be allocated to counties as  1,920        

follows:                                                                        

      (1)  If the amount is less than the amount initially         1,922        

appropriated for the immediately preceding fiscal year, each       1,923        

county shall receive an amount equal to the percentage of the      1,924        

funding it received in the immediately preceding fiscal year,      1,925        

exclusive of any releases from or additions to the allocation or   1,926        

any sanctions imposed under this section;                          1,927        

      (2)  If the amount is equal to the amount initially          1,929        

appropriated for the immediately preceding fiscal year, each       1,930        

county shall receive an amount equal to the amount it received in  1,932        

the preceding fiscal year, exclusive of any releases from or                    

additions to the allocation or any sanctions imposed under this    1,933        

section;                                                           1,934        

                                                          45     


                                                                 
      (3)  If the amount is greater than the amount initially      1,936        

appropriated for the immediately preceding fiscal year, each       1,937        

county shall receive the amount determined under division (C)(2)   1,939        

of this section as a base allocation, plus a percentage of the     1,940        

amount that exceeds the amount initially appropriated for the      1,941        

immediately preceding fiscal year.  The amount exceeding the       1,942        

amount initially appropriated in the immediately preceding fiscal  1,943        

year shall be allocated to the counties as follows:                1,944        

      (a)  Twelve per cent divided equally among all counties;     1,946        

      (b)  Forty-eight per cent in the ratio that the number of    1,948        

residents of the county under the age of eighteen bears to the     1,950        

total number of such persons residing in this state;               1,951        

      (c)  Forty per cent in the ratio that the number of          1,953        

residents of the county with incomes under the federal poverty     1,954        

guideline bears to the total number of such persons in this        1,956        

state.                                                                          

      As used in division (C)(3)(c) of this section, "federal      1,959        

poverty guideline" means the poverty guideline as defined by the   1,961        

United States office of management and budget and revised by the   1,962        

United States secretary of health and human services in            1,963        

accordance with section 673 of the "Community Services Block       1,964        

Grant Act," 95 Stat. 511 (1981), 42 U.S.C.A. 9902, as amended.     1,965        

      (D)  The director of job and family services may adopt       1,968        

rules as necessary for the allocation of funds under this          1,969        

section.  The rules shall be adopted in accordance with section    1,970        

111.15 of the Revised Code.                                        1,971        

      (E)(1)  As used in this division, "services to children"     1,973        

includes only children's protective services, home-based services  1,974        

to children and families, family foster home services,             1,975        

residential treatment services, adoptive services, and             1,976        

independent living services.                                       1,977        

      (2)  Except as otherwise provided in this section, the       1,979        

allocation of funds for a fiscal year to a county under this       1,980        

section shall be reduced by the department if in the preceding     1,981        

                                                          46     


                                                                 
calendar year the total amount expended for services to children   1,982        

from local funds and funds distributed to the county under         1,983        

section 5101.46 of the Revised Code was less than the total        1,984        

expended from those sources in the second preceding calendar       1,985        

year.  The reduction shall be equal to the difference between the  1,986        

total expended in the preceding calendar year and the total        1,987        

expended in the second preceding calendar year.                    1,988        

      The determination of whether the amount expended for         1,990        

services to children was less in the preceding calendar year than  1,991        

in the second preceding calendar year shall not include a          1,992        

difference due to any of the following factors to the extent that  1,993        

the difference does not exceed the amount attributable to that     1,994        

factor:                                                            1,995        

      (a)  An across-the-board reduction in the county budget as   1,997        

a whole;                                                           1,998        

      (b)  A reduced or failed levy specifically earmarked for     2,000        

children services;                                                 2,001        

      (c)  A reduced allocation of funds to the county under       2,003        

section 5101.24 of the Revised Code;                               2,004        

      (d)  The closure of, or a reduction in the operating         2,006        

capacity of, a children's home owned and operated by the county.   2,007        

      (3)  Funds withheld under this division may be reallocated   2,009        

by the department to other counties.  The department may grant     2,010        

whole or partial waivers of the provisions of this division.       2,011        

      (F)  Children who are in the temporary or permanent custody  2,013        

of a certified public or private nonprofit agency or institution,  2,014        

or who are in adoptions subsidized under division (B) of section   2,015        

5153.163 of the Revised Code are eligible for medical assistance   2,016        

through the medical assistance program established under section   2,017        

5111.01 of the Revised Code.                                       2,018        

      (G)  Within ninety days after the end of each fiscal year,   2,020        

each county shall return any unspent funds to the department.      2,021        

      (H)  The department shall prepare an annual report           2,023        

detailing on a county-by-county basis the services provided with   2,024        

                                                          47     


                                                                 
funds distributed under this section.  The report shall be         2,025        

submitted to the general assembly by the thirtieth day of          2,026        

September each year and also shall be made available to the        2,027        

public.                                                            2,028        

      (I)  In accordance with Chapter 119. of the Revised Code,    2,030        

the director shall adopt, and may amend and rescind, rules         2,031        

prescribing reports on expenditures to be submitted by the         2,032        

counties as necessary for the implementation of this section.      2,033        

      Sec. 5101.141.  (A)  The department of job and family        2,042        

services shall act as the single state agency to administer        2,043        

federal payments for foster care and adoption assistance made      2,044        

pursuant to Title IV-E of the "Social Security Act," 94 Stat.      2,045        

501, 42 U.S.C.A. 670 (1980), as amended.  The director of job and  2,047        

family services shall adopt rules to implement this authority.                  

Internal management rules governing financial and administrative   2,049        

requirements applicable to public children services agencies       2,050        

shall be adopted in accordance with section 111.15 of the Revised  2,051        

Code.  Rules establishing eligibility, program participation, and  2,053        

other requirements shall be adopted in accordance with Chapter     2,054        

119. of the Revised Code.  A public children services agency to    2,055        

which the department distributes Title IV-E funds shall            2,056        

administer the funds in accordance with those rules.               2,058        

      (B)(1)  The county, on behalf of each child eligible for     2,061        

foster care maintenance payments under Title IV-E of the "Social   2,062        

Security Act," shall make payments to cover the cost of providing  2,063        

all of the following:                                                           

      (a)  The child's food, clothing, shelter, daily              2,065        

supervision, and school supplies;                                  2,066        

      (b)  The child's personal incidentals;                       2,068        

      (c)  Reasonable travel to the child's home for visitation.   2,070        

      (2)  In addition to payments made under division (B)(1) of   2,072        

this section, the county may, on behalf of each child eligible     2,073        

for foster care maintenance payments under Title IV-E of the       2,077        

"Social Security Act," make payments to cover the cost of          2,080        

                                                          48     


                                                                 
providing the following:                                                        

      (a)  Liability insurance with respect to the child;          2,083        

      (b)  If the county is participating in the demonstration     2,086        

project established under division (A) of section 5101.142 of the  2,087        

Revised Code, services provided under the project.                 2,088        

      (3)  With respect to a child who is in a child-care          2,090        

institution, including any type of group home designed for the     2,091        

care of children or any privately operated program consisting of   2,092        

two or more family CERTIFIED foster homes operated by a common     2,093        

administrative unit, the foster care maintenance payments made by  2,094        

the county on behalf of the child shall include the reasonable     2,095        

cost of the administration and operation of the institution,       2,096        

group home, or program, as necessary to provide the items          2,097        

described in division DIVISIONS (B)(1) and (2) of this section.    2,098        

      (C)  To the extent that either foster care maintenance       2,100        

payments under division (B) of this section or Title IV-E          2,101        

adoption assistance payments for maintenance costs require the     2,102        

expenditure of county funds, the board of county commissioners     2,103        

shall report the nature and amount of each expenditure of county   2,104        

funds to the department.                                           2,105        

      (D)  The department shall distribute to public children      2,108        

services agencies that incur and report such expenditures federal  2,109        

financial participation received for administrative and training   2,110        

costs incurred in the operation of foster care maintenance and     2,111        

adoption assistance programs.  The department may withhold not     2,112        

more than two per cent of the federal financial participation      2,113        

received.  The funds withheld shall be in addition to any          2,114        

administration and training cost for which the department is       2,115        

reimbursed through its own cost allocation plan.                   2,116        

      (E)  All federal funds received by a county pursuant to      2,118        

this section shall be deposited into the county's children         2,119        

services fund created pursuant to section 5101.144 of the Revised  2,121        

Code.                                                                           

      (F)  The department shall periodically publish and           2,124        

                                                          49     


                                                                 
distribute the maximum amounts that the department will reimburse  2,125        

public children services agencies for making payments on behalf    2,126        

of children eligible for foster care maintenance payments.                      

      (G)  The department, by and through its director, is hereby  2,128        

authorized to develop, participate in the development of,          2,129        

negotiate, and enter into one or more interstate compacts on       2,130        

behalf of this state with agencies of any other states, for the    2,131        

provision of medical assistance and other social services to       2,132        

children in relation to whom all of the following apply:                        

      (1)  They have special needs.                                2,134        

      (2)  This state or another state that is a party to the      2,136        

interstate compact is providing adoption assistance on their       2,137        

behalf.                                                                         

      (3)  They move into this state from another state or move    2,139        

out of this state to another state.                                2,140        

      Sec. 5103.02.  As used in sections 5103.03 to 5103.17 of     2,149        

the Revised Code:                                                  2,150        

      (A)  "Institution ASSOCIATION" or "association INSTITUTION"  2,153        

includes any incorporated or unincorporated organization,          2,154        

society, association, or agency, public or private, that receives  2,155        

or cares for children for two or more consecutive weeks; any       2,157        

individual who, for hire, gain, or reward, receives or cares for   2,158        

children for two or more consecutive weeks, unless the individual               

is related to them by blood or marriage; and any individual not    2,159        

in the regular employ of a court, or of an institution or          2,161        

association certified in accordance with section 5103.03 of the    2,162        

Revised Code, who in any manner becomes a party to the placing of  2,163        

children in foster homes, unless the individual is related to      2,164        

such children by blood or marriage, or is the appointed guardian                

of such children; provided, that any organization, society,        2,165        

association, school, agency, child guidance center, detention or   2,166        

rehabilitation facility, or children's clinic licensed,            2,167        

regulated, approved, operated under the direction of, or           2,168        

otherwise certified by the department of education, a local board  2,169        

                                                          50     


                                                                 
of education, the department of youth services, the department of  2,170        

mental health, or the department of mental retardation and         2,171        

developmental disabilities, or any individual who provides care    2,172        

for only a single-family group, placed there by their parents or   2,173        

other relative having custody, shall not be considered as being    2,174        

within the purview of these sections.                              2,175        

      (B)  "Family foster home" has the same meaning as in         2,178        

section 2151.011 of the Revised Code MEANS A FOSTER HOME THAT IS   2,179        

NOT A TREATMENT FOSTER HOME.                                       2,180        

      (C)  "FOSTER HOME" MEANS A PRIVATE RESIDENCE IN WHICH        2,183        

CHILDREN ARE RECEIVED APART FROM THEIR PARENTS, GUARDIAN, OR       2,184        

LEGAL CUSTODIAN, BY AN INDIVIDUAL REIMBURSED FOR PROVIDING THE     2,185        

CHILDREN NONSECURE CARE, SUPERVISION, OR TRAINING TWENTY-FOUR      2,186        

HOURS A DAY.  "FOSTER HOME" DOES NOT INCLUDE CARE PROVIDED FOR A   2,187        

CHILD IN THE HOME OF A PERSON OTHER THAN THE CHILD'S PARENT,                    

GUARDIAN, OR LEGAL CUSTODIAN WHILE THE PARENT, GUARDIAN, OR LEGAL  2,188        

CUSTODIAN IS TEMPORARILY AWAY.  FAMILY FOSTER HOMES AND TREATMENT  2,189        

FOSTER HOMES ARE TYPES OF FOSTER HOMES.                            2,190        

      (D)  "RECOMMENDING AGENCY" MEANS A PUBLIC CHILDREN SERVICES  2,193        

AGENCY, PRIVATE CHILD PLACING AGENCY, OR PRIVATE NONCUSTODIAL      2,194        

AGENCY THAT RECOMMENDS THAT THE DEPARTMENT OF JOB AND FAMILY       2,195        

SERVICES TAKE ANY OF THE FOLLOWING ACTIONS UNDER SECTION 5103.03   2,197        

OF THE REVISED CODE REGARDING A FOSTER HOME:                                    

      (1)  ISSUE A CERTIFICATE;                                    2,199        

      (2)  DENY A CERTIFICATE;                                     2,201        

      (3)  RENEW A CERTIFICATE;                                    2,203        

      (4)  DENY RENEWAL OF A CERTIFICATE;                          2,205        

      (5)  REVOKE A CERTIFICATE.                                   2,207        

      (E)  "Treatment foster home" means a family foster home      2,210        

that incorporates special psychological or medical treatment       2,211        

REHABILITATIVE SERVICES designed to care for TREAT the specific    2,213        

needs of the children received in the family foster home and that  2,214        

receives and cares for children who are emotionally or             2,215        

behaviorally disturbed, CHEMICALLY DEPENDENT, medically fragile    2,217        

                                                          51     


                                                                 
requiring special medical treatment due to physical ailment or     2,219        

condition, mentally retarded, or developmentally disabled, OR WHO  2,220        

OTHERWISE HAVE EXCEPTIONAL OR INTENSIVE NEEDS.                                  

      Sec. 5103.031.  THE DEPARTMENT OF JOB AND FAMILY SERVICES    2,222        

MAY NOT ISSUE A CERTIFICATE UNDER SECTION 5103.03 OF THE REVISED   2,223        

CODE TO A FOSTER HOME UNLESS THE FOSTER CAREGIVER SUCCESSFULLY     2,225        

COMPLETES THE FOLLOWING AMOUNT OF PREPLACEMENT TRAINING THROUGH A  2,226        

PREPLANNING TRAINING PROGRAM OPERATED UNDER SECTION 5103.033 OF    2,227        

THE REVISED CODE:                                                  2,228        

      (A)  IF THE FOSTER HOME IS A FAMILY FOSTER HOME, AT LEAST    2,230        

THIRTY-SIX HOURS;                                                  2,231        

      (B)  IF THE FOSTER HOME IS A TREATMENT FOSTER HOME, AT       2,233        

LEAST FORTY-EIGHT HOURS.                                           2,234        

      Sec. 5103.032.  (A)  EXCEPT AS PROVIDED IN DIVISION (B) OF   2,237        

THIS SECTION, THE DEPARTMENT OF JOB AND FAMILY SERVICES MAY NOT                 

RENEW A FOSTER HOME CERTIFICATE UNDER SECTION 5103.03 OF THE       2,238        

REVISED CODE UNLESS THE FOSTER CAREGIVER SUCCESSFULLY COMPLETES    2,240        

THE FOLLOWING AMOUNT OF CONTINUING TRAINING IN ACCORDANCE WITH     2,241        

THE FOSTER CAREGIVER'S NEEDS ASSESSMENT AND CONTINUING TRAINING    2,242        

PLAN DEVELOPED AND IMPLEMENTED UNDER SECTION 5103.034 OF THE       2,243        

REVISED CODE:                                                                   

      (1)  IF THE FOSTER HOME IS A FAMILY FOSTER HOME, AT LEAST    2,245        

TWENTY-FOUR HOURS EACH YEAR;                                       2,246        

      (2)  IF THE FOSTER HOME IS A TREATMENT FOSTER HOME, AT       2,248        

LEAST THIRTY-SIX HOURS THE FIRST YEAR THE FOSTER HOME'S INITIAL    2,250        

CERTIFICATE IS IN EFFECT AND AT LEAST THIRTY HOURS EACH YEAR       2,251        

THEREAFTER.                                                                     

      (B)  A PUBLIC CHILDREN SERVICES AGENCY, PRIVATE CHILD        2,253        

PLACING AGENCY, OR PRIVATE NONCUSTODIAL AGENCY ACTING AS A         2,254        

RECOMMENDING AGENCY FOR A FOSTER CAREGIVER HOLDING A CERTIFICATE   2,255        

ISSUED UNDER SECTION 5103.03 OF THE REVISED CODE FOR A FAMILY      2,256        

FOSTER HOME MAY WAIVE UP TO TWELVE HOURS OF CONTINUING TRAINING    2,259        

THE FOSTER CAREGIVER IS OTHERWISE REQUIRED BY DIVISION (A) OF      2,260        

THIS SECTION TO COMPLETE IN A YEAR IF ALL OF THE FOLLOWING APPLY:  2,261        

                                                          52     


                                                                 
      (1)  THE FOSTER CAREGIVER HAS PROVIDED FOSTER CARE FOR AT    2,263        

LEAST TWO YEARS;                                                                

      (2)  THE FOSTER CAREGIVER HAS PROVIDED FOSTER CARE FOR AT    2,265        

LEAST NINETY DAYS OF THE TWELVE MONTHS PRECEDING THE DATE THE      2,266        

AGENCY ISSUES THE WAIVER;                                          2,267        

      (3)  THE FOSTER CAREGIVER HAS NOT VIOLATED ANY REQUIREMENTS  2,269        

GOVERNING CERTIFICATION OF FOSTER HOMES DURING THE TWELVE MONTHS   2,270        

PRECEDING THE DATE THE AGENCY ISSUES THE WAIVER;                   2,271        

      (4)  THE FOSTER CAREGIVER HAS COMPLIED IN FULL WITH THE      2,273        

NEEDS ASSESSMENT AND CONTINUING TRAINING PLAN DEVELOPED FOR THE    2,274        

FOSTER CAREGIVER UNDER SECTION 5103.034 OF THE REVISED CODE.       2,275        

      Sec. 5103.033.  A PUBLIC CHILDREN SERVICES AGENCY, PRIVATE   2,278        

CHILD PLACING AGENCY, OR PRIVATE NONCUSTODIAL AGENCY OPERATING A   2,280        

PREPLACEMENT TRAINING PROGRAM OR CONTINUING TRAINING PROGRAM       2,281        

APPROVED BY THE DEPARTMENT OF JOB AND FAMILY SERVICES UNDER        2,283        

SECTION 5103.038 OF THE REVISED CODE SHALL MAKE THE PROGRAM        2,284        

AVAILABLE TO FOSTER CAREGIVERS.  THE AGENCY SHALL MAKE THE         2,286        

PROGRAMS AVAILABLE WITHOUT REGARD TO THE TYPE OF RECOMMENDING      2,287        

AGENCY FROM WHICH A FOSTER CAREGIVER SEEKS A RECOMMENDATION AND    2,288        

WITHOUT CHARGE TO THE FOSTER CAREGIVER.                                         

      Sec. 5103.034.  A PUBLIC CHILDREN SERVICES AGENCY, PRIVATE   2,290        

CHILD PLACING AGENCY, OR PRIVATE NONCUSTODIAL AGENCY ACTING AS A   2,292        

RECOMMENDING AGENCY FOR A FOSTER CAREGIVER HOLDING A CERTIFICATE   2,293        

ISSUED UNDER SECTION 5103.03 OF THE REVISED CODE SHALL DEVELOP     2,294        

AND IMPLEMENT A WRITTEN NEEDS ASSESSMENT AND CONTINUING TRAINING   2,296        

PLAN FOR THE FOSTER CAREGIVER.  EACH NEEDS ASSESSMENT AND          2,297        

CONTINUING TRAINING PLAN SHALL SATISFY ALL OF THE FOLLOWING        2,298        

REQUIREMENTS:                                                                   

      (A)  BE EFFECTIVE FOR THE TWO-YEAR PERIOD THE FOSTER         2,300        

CAREGIVER'S CERTIFICATE IS IN EFFECT;                              2,301        

      (B)  BE APPROPRIATE FOR THE TYPE OF FOSTER HOME THE FOSTER   2,303        

CAREGIVER OPERATES;                                                2,304        

      (C)  REQUIRE THE FOSTER CAREGIVER TO SUCCESSFULLY COMPLETE   2,306        

THE COURSES EACH CONTINUING TRAINING PROGRAM MUST PROVIDE AS       2,307        

                                                          53     


                                                                 
SPECIFIED IN SECTION 5103.0311 OF THE REVISED CODE AND ANY OTHER   2,308        

COURSES THE AGENCY CONSIDERS APPROPRIATE;                          2,309        

      (D)  INCLUDE CRITERIA THE AGENCY IS TO USE TO DETERMINE      2,311        

WHETHER THE FOSTER CAREGIVER HAS SUCCESSFULLY COMPLETED THE        2,312        

COURSES;                                                                        

      (E)  GUARANTEE THAT THE COURSES THE FOSTER CAREGIVER IS      2,314        

REQUIRED TO COMPLETE ARE AVAILABLE TO THE FOSTER CAREGIVER AT      2,315        

REASONABLE TIMES AND PLACES;                                       2,316        

      (F)  SPECIFY WHETHER THE AGENCY WILL WAIVE ANY OF THE HOURS  2,318        

OF CONTINUING TRAINING THE FOSTER CAREGIVER IS REQUIRED BY         2,319        

SECTION 5103.032 OF THE REVISED CODE TO COMPLETE ANNUALLY IF THE   2,320        

FOSTER CAREGIVER SATISFIES THE CONDITIONS FOR THE AGENCY TO ISSUE  2,321        

A WAIVER.  IF THE AGENCY WILL ISSUE A WAIVER, THE AGENCY SHALL     2,322        

STATE IN THE NEEDS ASSESSMENT AND CONTINUING TRAINING PLAN THE     2,323        

NUMBER OF HOURS OF CONTINUING TRAINING, NOT TO EXCEED TWELVE,      2,324        

THAT THE AGENCY WILL WAIVE.                                        2,325        

      Sec. 5103.035.  FOR THE PURPOSE OF DETERMINING WHETHER A     2,327        

FOSTER CAREGIVER HAS SATISFIED THE REQUIREMENT OF SECTION          2,328        

5103.031 OR 5103.032 OF THE REVISED CODE, A RECOMMENDING AGENCY    2,329        

SHALL ACCEPT TRAINING OBTAINED PURSUANT TO A PREPLACEMENT          2,331        

TRAINING PROGRAM OR CONTINUING TRAINING PROGRAM OPERATED UNDER     2,333        

SECTION 5103.033 OF THE REVISED CODE REGARDLESS OF WHETHER THE     2,334        

AGENCY OPERATED THE PREPLACEMENT TRAINING PROGRAM OR CONTINUING    2,335        

TRAINING PROGRAM.  THE AGENCY MAY REQUIRE THAT THE FOSTER          2,336        

CAREGIVER SUCCESSFULLY COMPLETE ADDITIONAL TRAINING AS A           2,337        

CONDITION OF THE AGENCY RECOMMENDING THAT THE DEPARTMENT OF JOB    2,338        

AND FAMILY SERVICES CERTIFY OR RECERTIFY THE FOSTER CAREGIVER'S    2,339        

FOSTER HOME UNDER SECTION 5103.03 OF THE REVISED CODE.             2,340        

      Sec. 5103.036.  THE DEPARTMENT OF JOB AND FAMILY SERVICES,   2,342        

IN CONSULTATION WITH THE DEPARTMENTS OF YOUTH SERVICES, MENTAL     2,343        

HEALTH, AND ALCOHOL AND DRUG ADDICTION SERVICES, SHALL DEVELOP A   2,345        

MODEL DESIGN OF A PREPLACEMENT TRAINING PROGRAM FOR FOSTER         2,347        

CAREGIVERS SEEKING AN INITIAL CERTIFICATE UNDER SECTION 5103.03    2,348        

OF THE REVISED CODE AND A MODEL DESIGN OF A CONTINUING TRAINING    2,349        

                                                          54     


                                                                 
PROGRAM FOR FOSTER CAREGIVERS SEEKING RENEWAL OF A CERTIFICATE     2,350        

UNDER THAT SECTION.  THE MODEL DESIGN OF A PREPLACEMENT TRAINING   2,351        

PROGRAM SHALL COMPLY WITH SECTION 5103.0310 OF THE REVISED CODE.   2,352        

THE MODEL DESIGN OF A CONTINUING TRAINING PROGRAM SHALL COMPLY     2,353        

WITH SECTION 5103.0311 OF THE REVISED CODE.  THE DEPARTMENT OF     2,354        

JOB AND FAMILY SERVICES SHALL MAKE THE MODEL DESIGNS AVAILABLE TO  2,356        

PUBLIC CHILDREN SERVICES AGENCIES, PRIVATE CHILD PLACING                        

AGENCIES, AND PRIVATE NONCUSTODIAL AGENCIES.                       2,357        

      Sec. 5103.037.  EVERY OTHER YEAR BY A DATE SPECIFIED IN      2,359        

RULES ADOPTED UNDER SECTION 5103.0316 OF THE REVISED CODE, EACH    2,360        

PUBLIC CHILDREN SERVICES AGENCY, PRIVATE CHILD PLACING AGENCY,     2,361        

AND PRIVATE NONCUSTODIAL AGENCY THAT SEEKS TO OPERATE A            2,362        

PREPLACEMENT TRAINING PROGRAM OR CONTINUING TRAINING PROGRAM       2,363        

UNDER SECTION 5103.033 OF THE REVISED CODE SHALL SUBMIT TO THE     2,364        

DEPARTMENT OF JOB AND FAMILY SERVICES A PROPOSAL OUTLINING THE     2,365        

PROGRAM.  THE PROPOSAL MAY BE THE SAME AS, A MODIFICATION OF, OR   2,368        

DIFFERENT FROM, A MODEL DESIGN DEVELOPED UNDER SECTION 5103.036    2,369        

OF THE REVISED CODE.  THE PROPOSAL SHALL INCLUDE A BUDGET FOR THE  2,371        

PROGRAM REGARDING THE COST ASSOCIATED WITH TRAINERS, OBTAINING     2,372        

SITES AT WHICH THE TRAINING IS PROVIDED, AND THE ADMINISTRATION    2,373        

OF THE TRAINING.  THE BUDGET SHALL BE CONSISTENT WITH RULES        2,374        

ADOPTED UNDER SECTION 5103.0316 OF THE REVISED CODE GOVERNING THE  2,375        

DEPARTMENT OF JOB AND FAMILY SERVICES' REIMBURSEMENT OF PUBLIC                  

CHILDREN SERVICES AGENCIES, PRIVATE CHILD PLACING AGENCIES, AND    2,377        

PRIVATE NONCUSTODIAL AGENCIES UNDER SECTION 5103.0313 OF THE       2,378        

REVISED CODE.                                                                   

      Sec. 5103.038.  NOT LATER THAN THIRTY DAYS AFTER RECEIVING   2,380        

A PROPOSAL UNDER SECTION 5103.037 OF THE REVISED CODE, THE         2,382        

DEPARTMENT OF JOB AND FAMILY SERVICES SHALL EITHER APPROVE OR                   

DISAPPROVE THE PROPOSED PROGRAM.  THE DEPARTMENT SHALL APPROVE A   2,385        

PROPOSED PREPLACEMENT TRAINING PROGRAM IF IT COMPLIES WITH         2,386        

SECTION 5103.0310 OF THE REVISED CODE AND, IN THE CASE OF A        2,387        

PROPOSAL SUBMITTED BY AN AGENCY OPERATING A PRECERTIFICATION       2,388        

TRAINING PROGRAM AT THE TIME THE PROPOSAL IS SUBMITTED, THE                     

                                                          55     


                                                                 
DEPARTMENT IS SATISFIED WITH THE AGENCY'S OPERATION OF THE         2,389        

PROGRAM.  THE DEPARTMENT SHALL APPROVE A PROPOSED CONTINUING       2,391        

TRAINING PROGRAM IF IT COMPLIES WITH SECTION 5103.0311 OF THE      2,392        

REVISED CODE AND, IN THE CASE OF A PROPOSAL SUBMITTED BY AN        2,393        

AGENCY OPERATING A CONTINUING TRAINING PROGRAM AT THE TIME THE     2,394        

PROPOSAL IS SUBMITTED, THE DEPARTMENT IS SATISFIED WITH THE        2,395        

AGENCY'S OPERATION OF THE PROGRAM.  THE DEPARTMENT SHALL           2,396        

DISAPPROVE A PROPOSED PROGRAM IF THE PROGRAM'S BUDGET IS NOT       2,397        

CONSISTENT WITH RULES ADOPTED UNDER SECTION 5103.0316 OF THE       2,398        

REVISED CODE GOVERNING THE DEPARTMENT'S REIMBURSEMENT OF PUBLIC    2,400        

CHILDREN SERVICES AGENCIES, PRIVATE CHILD PLACING AGENCIES, AND    2,401        

PRIVATE NONCUSTODIAL AGENCIES UNDER SECTION 5103.0313 OF THE       2,402        

REVISED CODE.  IF THE DEPARTMENT DISAPPROVES A PROPOSAL, IT SHALL  2,404        

PROVIDE THE REASON FOR DISAPPROVAL TO THE AGENCY THAT SUBMITTED    2,406        

THE PROPOSAL AND ADVISE THE AGENCY OF HOW TO REVISE THE PROPOSAL                

SO THAT THE DEPARTMENT CAN APPROVE IT.                             2,407        

      Sec. 5103.039.  THE DEPARTMENT OF JOB AND FAMILY SERVICES'   2,409        

APPROVAL UNDER SECTION 5103.038 OF THE REVISED CODE OF A PROPOSED  2,411        

PREPLACEMENT TRAINING PROGRAM OR CONTINUING TRAINING PROGRAM IS    2,412        

VALID ONLY FOR TWO YEARS FOLLOWING THE YEAR THE PROPOSAL FOR THE   2,413        

PROGRAM IS SUBMITTED TO THE DEPARTMENT UNDER SECTION 5103.037 OF   2,415        

THE REVISED CODE.                                                               

      Sec. 5103.0310.  A PREPLACEMENT TRAINING PROGRAM SHALL       2,417        

CONSIST OF COURSES IN THE ROLE OF FOSTER CAREGIVERS AS A PART OF   2,418        

THE CARE AND TREATMENT OF FOSTER CHILDREN.  THE COURSES SHALL      2,419        

ADDRESS ALL OF THE FOLLOWING:                                      2,420        

      (A)  THE LEGAL RIGHTS AND RESPONSIBILITIES OF FOSTER         2,422        

CAREGIVERS;                                                        2,423        

      (B)  PUBLIC CHILDREN SERVICES AGENCIES, PRIVATE CHILD        2,426        

PLACING AGENCIES, AND PRIVATE NONCUSTODIAL AGENCIES' POLICIES AND  2,427        

PROCEDURES REGARDING FOSTER CAREGIVERS;                            2,428        

      (C)  THE DEPARTMENT OF JOB AND FAMILY SERVICES'              2,430        

REQUIREMENTS FOR CERTIFYING FOSTER HOMES;                          2,431        

      (D)  THE EFFECTS PLACEMENT, SEPARATION, AND ATTACHMENT       2,433        

                                                          56     


                                                                 
ISSUES HAVE ON CHILDREN, THEIR FAMILIES, AND FOSTER CAREGIVERS;    2,434        

      (E)  FOSTER CAREGIVERS' INVOLVEMENT IN PERMANENCY PLANNING   2,436        

FOR CHILDREN AND THEIR FAMILIES;                                   2,437        

      (F)  THE EFFECTS OF PHYSICAL ABUSE, SEXUAL ABUSE, EMOTIONAL  2,439        

ABUSE, NEGLECT, AND SUBSTANCE ABUSE ON NORMAL HUMAN GROWTH AND     2,440        

DEVELOPMENT;                                                       2,441        

      (G)  BEHAVIOR MANAGEMENT TECHNIQUES;                         2,443        

      (H)  EFFECTS OF CAREGIVING ON CHILDREN'S FAMILIES;           2,445        

      (I)  CULTURAL ISSUES IN PLACEMENT;                           2,447        

      (J)  PREVENTION, RECOGNITION, AND MANAGEMENT OF              2,449        

COMMUNICABLE DISEASES;                                             2,450        

      (K)  COMMUNITY HEALTH AND SOCIAL SERVICES AVAILABLE TO       2,452        

CHILDREN AND THEIR FAMILIES;                                       2,453        

      (L)  CARDIOPULMONARY RESUSCITATION AND FIRST AID;            2,455        

      (M)  THE SUBSTANCE OF SECTION 2151.62 OF THE REVISED CODE.   2,458        

A COURSE ADDRESSING SECTION 2151.62 OF THE REVISED CODE SHALL BE   2,460        

NOT LESS THAN ONE HOUR LONG.                                       2,461        

      (N)  IN THE CASE OF A PREPLACEMENT TRAINING PROGRAM FOR A    2,463        

FOSTER CAREGIVER SEEKING CERTIFICATION FOR A TREATMENT FOSTER      2,464        

HOME, ADDITIONAL ISSUES SPECIFIC TO THE TYPES OF CHILDREN PLACED   2,465        

IN TREATMENT FOSTER HOMES, INCLUDING PHYSICAL RESTRAINT            2,466        

TECHNIQUES AND THE APPROPRIATE USE OF PHYSICAL RESTRAINTS.         2,467        

      Sec. 5103.0311.  A CONTINUING TRAINING PROGRAM SHALL         2,469        

CONSIST OF COURSES THAT ADDRESS AT LEAST ALL OF THE FOLLOWING:     2,471        

      (A)  PARENTS AND FOSTER CAREGIVERS AS PART OF CHILD          2,474        

PROTECTION TEAMS;                                                               

      (B)  THE DYNAMICS OF CHILD ABUSE AND NEGLECT AND             2,476        

RECOGNIZING AND PREVENTING CHILD ABUSE AND NEGLECT;                2,477        

      (C)  THE EFFECT OF CHILD ABUSE AND NEGLECT ON CHILD          2,479        

DEVELOPMENT;                                                                    

      (D)  HOW FOSTER CAREGIVERS SHOULD WORK WITH CHILDREN AND     2,481        

THEIR FAMILIES REGARDING PLACEMENT, SEPARATION, AND ATTACHMENT     2,482        

ISSUES;                                                                         

      (E)  BEHAVIOR MANAGEMENT TECHNIQUES;                         2,484        

                                                          57     


                                                                 
      (F)  FOSTER CAREGIVERS' WORKING WITH CHILDREN'S FAMILIES;    2,486        

      (G)  EFFECTS OF CAREGIVING ON CHILDREN'S FAMILIES;           2,488        

      (H)  CARING FOR CHILDREN WHO HAVE BEEN SEXUALLY ABUSED;      2,490        

      (I)  CULTURAL COMPETENCY;                                    2,492        

      (J)  SUBSTANCE ABUSE AND DEPENDENCY;                         2,494        

      (K)  SYMPTOMS OF MENTAL ILLNESS AND LEARNING DISORDERS;      2,496        

      (L)  DEVELOPMENTALLY APPROPRIATE ACTIVITIES FOR CHILDREN;    2,498        

      (M)  IN THE CASE OF A CONTINUING TRAINING PROGRAM FOR A      2,500        

FOSTER CAREGIVER SEEKING RECERTIFICATION OF A TREATMENT FOSTER     2,501        

HOME, ADDITIONAL ISSUES SPECIFIC TO THE TYPES OF CHILDREN PLACED   2,502        

IN TREATMENT FOSTER HOMES, INCLUDING PHYSICAL RESTRAINT            2,503        

TECHNIQUES AND THE APPROPRIATE USE OF PHYSICAL RESTRAINTS.         2,504        

      Sec. 5103.0312.  THE DEPARTMENT OF JOB AND FAMILY SERVICES   2,506        

SHALL PAY FOSTER CAREGIVERS FOR ATTENDING TRAINING COURSES         2,507        

PURSUANT TO A PREPLACEMENT TRAINING PROGRAM OR CONTINUING          2,508        

TRAINING PROGRAM OPERATED UNDER SECTION 5103.033 OF THE REVISED    2,509        

CODE.  THE PAYMENT SHALL BE BASED ON A PER DIEM RATE ESTABLISHED   2,511        

BY THE DEPARTMENT.  THE PAYMENT TO FOSTER CAREGIVERS SHALL BE THE  2,512        

SAME REGARDLESS OF THE TYPE OF RECOMMENDING AGENCY FROM WHICH A    2,514        

FOSTER CAREGIVER SEEKS A RECOMMENDATION.                                        

      Sec. 5103.0313.  THE DEPARTMENT OF JOB AND FAMILY SERVICES   2,516        

SHALL REIMBURSE A PUBLIC CHILDREN SERVICES AGENCY, PRIVATE CHILD   2,517        

PLACING AGENCY, OR PRIVATE NONCUSTODIAL AGENCY FOR THE COST TO     2,518        

THE AGENCY OF PROVIDING TRAINING TO A FOSTER CAREGIVER THROUGH A   2,519        

PREPLACEMENT TRAINING PROGRAM OR CONTINUING TRAINING PROGRAM       2,520        

OPERATED UNDER SECTION 5103.033 OF THE REVISED CODE. THE           2,521        

REIMBURSEMENT SHALL BE ON A PER DIEM BASIS AND LIMITED TO THE      2,522        

COST ASSOCIATED WITH THE TRAINER, OBTAINING A SITE AT WHICH THE    2,523        

TRAINING IS PROVIDED, AND THE ADMINISTRATION OF THE TRAINING.  A   2,524        

REIMBURSEMENT RATE SHALL BE THE SAME REGARDLESS OF WHETHER THE     2,525        

TRAINING PROGRAM IS OPERATED BY A PUBLIC CHILDREN SERVICES         2,526        

AGENCY, PRIVATE CHILD PLACING AGENCY, OR PRIVATE NONCUSTODIAL      2,527        

AGENCY.                                                                         

      Sec. 5103.0314.  THE DEPARTMENT OF JOB AND FAMILY SERVICES   2,529        

                                                          58     


                                                                 
SHALL NOT REIMBURSE A RECOMMENDING AGENCY FOR THE COST OF ANY      2,530        

TRAINING THE AGENCY REQUIRES A FOSTER CAREGIVER TO UNDERGO AS A    2,531        

CONDITION OF THE AGENCY RECOMMENDING THE DEPARTMENT CERTIFY OR     2,532        

RECERTIFY THE FOSTER CAREGIVER'S FOSTER HOME UNDER SECTION         2,533        

5103.03 OF THE REVISED CODE IF THE TRAINING IS IN ADDITION TO THE  2,534        

TRAINING REQUIRED BY SECTION 5103.031 OR 5103.032 OF THE REVISED   2,535        

CODE.                                                                           

      Sec. 5103.0315.  THE DEPARTMENT OF JOB AND FAMILY SERVICES   2,537        

SHALL SEEK FEDERAL FINANCIAL PARTICIPATION FOR THE COST OF MAKING  2,538        

PAYMENTS UNDER SECTION 5103.0312 OF THE REVISED CODE AND           2,540        

REIMBURSEMENTS UNDER SECTION 5103.0313 OF THE REVISED CODE.  THE   2,541        

DEPARTMENT SHALL NOTIFY THE GOVERNOR, PRESIDENT OF THE SENATE,     2,542        

MINORITY LEADER OF THE SENATE, SPEAKER OF THE HOUSE OF             2,543        

REPRESENTATIVES, AND MINORITY LEADER OF THE HOUSE OF               2,544        

REPRESENTATIVES OF ANY PROPOSED FEDERAL LEGISLATION THAT                        

ENDANGERS THE FEDERAL FINANCIAL PARTICIPATION.                     2,545        

      Sec. 5103.0316.  NOT LATER THAN NINETY DAYS AFTER THE        2,547        

EFFECTIVE DATE OF THIS SECTION, THE DEPARTMENT OF JOB AND FAMILY   2,548        

SERVICES SHALL ADOPT RULES IN ACCORDANCE WITH CHAPTER 119. OF THE  2,550        

REVISED CODE AS NECESSARY FOR THE EFFICIENT ADMINISTRATION OF      2,552        

SECTIONS 5103.031 TO 5103.0316 OF THE REVISED CODE.  THE RULES     2,553        

SHALL PROVIDE FOR ALL OF THE FOLLOWING:                            2,554        

      (A)  FOR THE PURPOSE OF SECTION 5103.037 OF THE REVISED      2,556        

CODE, THE DATE BY WHICH A PUBLIC CHILDREN SERVICES AGENCY,         2,557        

PRIVATE CHILD PLACING AGENCY, OR PRIVATE NONCUSTODIAL AGENCY THAT  2,558        

SEEKS TO OPERATE A PREPLACEMENT TRAINING PROGRAM OR CONTINUING     2,559        

TRAINING PROGRAM UNDER SECTION 5103.033 OF THE REVISED CODE MUST                

SUBMIT TO THE DEPARTMENT A PROPOSAL OUTLINING THE PROGRAM;         2,560        

      (B)  REQUIREMENTS GOVERNING THE DEPARTMENT'S REIMBURSEMENT   2,563        

OF PUBLIC CHILDREN SERVICES AGENCIES, PRIVATE CHILD PLACING        2,564        

AGENCIES, AND PRIVATE NONCUSTODIAL AGENCIES UNDER SECTION          2,565        

5103.0313 OF THE REVISED CODE;                                                  

      (C)  ANY OTHER MATTER THE DEPARTMENT CONSIDERS APPROPRIATE.  2,567        

      Sec. 5103.033 5103.0317.  A family foster home may not       2,576        

                                                          59     


                                                                 
receive more than five children apart from their parents,          2,578        

guardian, or custodian, except in order to accommodate a sibling   2,579        

group or the remaining members of a sibling group.                              

      Sec. 2151.418 5103.0318.  Any foster home or family foster   2,588        

home shall be considered to be a residential use of property for   2,590        

purposes of municipal, county, and township zoning and shall be a  2,591        

permitted use in all zoning districts in which residential uses    2,592        

are permitted.  No municipal, county, or township zoning                        

regulation shall require a conditional permit or any other         2,593        

special exception certification for any foster home or family      2,594        

foster home.                                                                    

      Sec. 5103.031 5103.13.  (A)  As used in this section, "HIV"  2,604        

has the same meaning as in section 3701.24 of the Revised Code.    2,605        

      (B)  The director of job and family services shall provide,  2,608        

by rules adopted pursuant to Chapter 119. of the Revised Code,     2,609        

for the licensure of crisis nurseries as either type A or type B   2,610        

crisis nurseries.  The rules shall specify that a license shall    2,611        

not be issued to an applicant for licensure as a crisis nursery    2,612        

if the conditions at any of its facilities would jeopardize the    2,613        

health or safety of the children to whom it provides care.         2,614        

      (C)  A type A crisis nursery shall provide temporary         2,616        

shelter and other care for not more than twenty children at one    2,617        

time.  Each child shall be under age six and drug-exposed,         2,619        

HIV-infected, or referred by a public children services agency.                 

No child shall receive shelter or other care from a particular     2,621        

type A crisis nursery for a period exceeding sixty days.           2,622        

      (D)  A type B crisis nursery shall provide, without          2,624        

charging a fee, temporary services and care to children under age  2,625        

thirteen who are abused and neglected, at high risk of abuse and   2,626        

neglect, or members of families receiving child protective         2,627        

services.  A type B crisis nursery shall also provide referrals    2,628        

to support services.  No child shall receive services or care      2,629        

from a type B crisis nursery for more than thirty days in any      2,630        

year.                                                              2,631        

                                                          60     


                                                                 
      Sec. 5103.032 5103.131.  The department of job and family    2,640        

services may apply to the United States secretary of health and    2,643        

human services for a federal grant under the "Temporary Child      2,644        

Care for Children With Disabilities and Crisis Nurseries Act,"     2,645        

100 Stat. 907 (1986), 42 U.S.C. 5117, to assist type B crisis                   

nurseries licensed under section 5103.031 5103.13 of the Revised   2,646        

Code in providing temporary services and care to minors.           2,648        

      Sec. 5123.77.  (A)  Pending his removal to an institution,   2,657        

a person taken into custody or ordered to be institutionalized     2,659        

pursuant to this chapter may be held in his THE PERSON'S home, a   2,661        

family CERTIFIED foster home, licensed rest or nursing home, a     2,663        

county home, or a facility used for detention, but he THE PERSON   2,664        

shall be kept separate from persons charged with or convicted of   2,666        

penal offenses.                                                                 

      (B)  Whenever any person is taken into custody under this    2,668        

chapter, the person in charge of the institution or facility in    2,669        

which that person is temporarily held under division (A) of this   2,670        

section immediately shall notify that person's legal guardian,     2,671        

spouse, or next of kin and his THE PERSON'S counsel, if such can   2,672        

be ascertained.                                                    2,673        

      Sec. 5153.01.  (A)  As used in the Revised Code, "public     2,682        

children services agency" means an entity specified in section     2,683        

5153.02 of the Revised Code that has assumed the powers and        2,685        

duties of the children services function prescribed by this        2,686        

chapter for a county.                                                           

      (B)  As used in this chapter:                                2,688        

      (1)  "Babysitting care" means care provided for a child      2,690        

while the parents, guardian, or legal custodian of the child are   2,691        

temporarily away.                                                  2,692        

      (2)  "Certified family foster home" means a family foster    2,694        

home operated by a person holding a certificate issued pursuant    2,695        

to, AS DEFINED IN SECTION 5103.02 OF THE REVISED CODE, CERTIFIED   2,696        

UNDER section 5103.03 of the Revised Code that is in full force    2,698        

and effect.                                                                     

                                                          61     


                                                                 
      (3)(2)  "Certified organization" means any organization      2,700        

holding a certificate issued pursuant to section 5103.03 of the    2,702        

Revised Code that is in full force and effect.                     2,703        

      (4)(3)  "Child" means any person under eighteen years of     2,705        

age or a mentally or physically handicapped person, as defined by  2,706        

rule adopted by the director of job and family services, under     2,708        

twenty-one years of age.                                           2,709        

      (5)(4)  "Executive director" means the person charged with   2,711        

the responsibility of administering the powers and duties of a     2,712        

public children services agency appointed pursuant to section      2,714        

5153.10 of the Revised Code.                                                    

      (6)  "Family foster home" means a private residence in       2,716        

which children are received apart from their parents, guardian,    2,717        

or legal custodian by an individual for hire, gain, or reward for  2,718        

nonsecure care, supervision, or training twenty-four hours a day.  2,719        

"Family foster home" does not include babysitting care provided    2,720        

for a child in the home of a person other than the home of the     2,721        

parents, guardian, or legal custodian of the child.                2,722        

      (7)  "Foster home" means a family home in which any child    2,724        

is received, apart from the child's parents, for care,             2,725        

supervision, or training.                                          2,726        

      (8)(5)  "Organization" means any public, semipublic, or      2,728        

private institution, including maternity homes and day nurseries,  2,730        

and any private association, society, or agency, located or        2,731        

operating in this state, incorporated or unincorporated, having    2,732        

among its functions the furnishing of protective services or care  2,734        

for children or the placement of children in CERTIFIED foster                   

homes or elsewhere.                                                2,735        

      Sec. 5153.16.  (A)  Except as provided in section 2151.422   2,744        

of the Revised Code, in accordance with rules of the department    2,745        

of job and family services, and on behalf of children in the       2,747        

county whom the public children services agency considers to be    2,748        

in need of public care or protective services, the public          2,749        

children services agency shall do all of the following:            2,750        

                                                          62     


                                                                 
      (1)  Make an investigation concerning any child alleged to   2,752        

be an abused, neglected, or dependent child;                       2,753        

      (2)  Enter into agreements with the parent, guardian, or     2,755        

other person having legal custody of any child, or with the        2,756        

department of job and family services, department of mental        2,757        

health, department of mental retardation and developmental         2,758        

disabilities, other department, any certified organization within  2,759        

or outside the county, or any agency or institution outside the    2,760        

state, having legal custody of any child, with respect to the      2,761        

custody, care, or placement of any child, or with respect to any   2,762        

matter, in the interests of the child, provided the permanent      2,763        

custody of a child shall not be transferred by a parent to the     2,764        

public children services agency without the consent of the         2,766        

juvenile court;                                                                 

      (3)  Accept custody of children committed to the public      2,768        

children services agency by a court exercising juvenile            2,770        

jurisdiction;                                                                   

      (4)  Provide such care as the public children services       2,773        

agency considers to be in the best interests of any child          2,774        

adjudicated to be an abused, neglected, or dependent child the     2,775        

agency finds to be in need of public care or service;              2,776        

      (5)  Provide social services to any unmarried girl           2,778        

adjudicated to be an abused, neglected, or dependent child who is  2,780        

pregnant with or has been delivered of a child;                    2,781        

      (6)  Make available to the bureau for children with medical  2,783        

handicaps of the department of health at its request any           2,784        

information concerning a crippled child found to be in need of     2,785        

treatment under sections 3701.021 to 3701.028 of the Revised Code  2,786        

who is receiving services from the public children services        2,788        

agency;                                                                         

      (7)  Provide temporary emergency care for any child          2,790        

considered by the public children services agency to be in need    2,792        

of such care, without agreement or commitment;                     2,793        

      (8)  Find family CERTIFIED foster homes, within or outside   2,795        

                                                          63     


                                                                 
the county, for the care of children, including handicapped        2,796        

children from other counties attending special schools in the      2,797        

county;                                                                         

      (9)  Subject to the approval of the board of county          2,799        

commissioners and the state department of job and family           2,800        

services, establish and operate a training school or enter into    2,801        

an agreement with any municipal corporation or other political     2,802        

subdivision of the county respecting the operation, acquisition,   2,803        

or maintenance of any children's home, training school, or other   2,804        

institution for the care of children maintained by such municipal  2,805        

corporation or political subdivision;                              2,806        

      (10)  Acquire and operate a county children's home,          2,808        

establish, maintain, and operate a receiving home for the          2,809        

temporary care of children, or procure family CERTIFIED foster     2,810        

homes for this purpose;                                            2,811        

      (11)  Enter into an agreement with the trustees of any       2,813        

district children's home, respecting the operation of the          2,814        

district children's home in cooperation with the other county      2,815        

boards in the district;                                            2,816        

      (12)  Cooperate with, make its services available to, and    2,818        

act as the agent of persons, courts, the department of job and     2,819        

family services, the department of health, and other               2,820        

organizations within and outside the state, in matters relating    2,821        

to the welfare of children, except that the public children        2,822        

services agency shall not be required to provide supervision of    2,823        

or other services related to the exercise of companionship or      2,824        

visitation rights granted pursuant to section 3109.051, 3109.11,   2,825        

or 3109.12 of the Revised Code unless a juvenile court, pursuant   2,826        

to Chapter 2151. of the Revised Code, or a common pleas court,     2,827        

pursuant to division (E)(6) of section 3113.31 of the Revised      2,828        

Code, requires the provision of supervision or other services      2,830        

related to the exercise of the companionship or visitation         2,831        

rights;                                                                         

      (13)  Make investigations at the request of any              2,833        

                                                          64     


                                                                 
superintendent of schools in the county or the principal of any    2,834        

school concerning the application of any child adjudicated to be   2,835        

an abused, neglected, or dependent child for release from school,  2,836        

where such service is not provided through a school attendance     2,837        

department;                                                                     

      (14)  Administer funds provided under Title IV-E of the      2,839        

"Social Security Act," 94 Stat. 501 (1980), 42 U.S.C.A. 671, as    2,840        

amended, in accordance with rules adopted under section 5101.141   2,841        

of the Revised Code;                                               2,842        

      (15)  In addition to administering Title IV-E adoption       2,844        

assistance funds, enter into agreements to make adoption           2,845        

assistance payments under section 5153.163 of the Revised Code;    2,846        

      (16)  Implement a system of risk assessment, in accordance   2,848        

with rules adopted by the director of job and family services, to  2,851        

assist the public children services agency in determining the      2,852        

risk of abuse or neglect to a child;                               2,853        

      (17)  Enter into a plan of cooperation with the board of     2,855        

county commissioners under section 307.983 of the Revised Code     2,856        

and comply with the partnership agreement the board enters into    2,857        

under section 307.98 of the Revised Code and contracts the board   2,858        

enters into under sections 307.981 and 307.982 of the Revised      2,859        

Code that affect the public children services agency;              2,860        

      (18)  Make reasonable efforts to prevent the removal of an   2,862        

alleged or adjudicated abused, neglected, or dependent child from  2,863        

the child's home, eliminate the continued removal of the child     2,864        

from the child's home, or make it possible for the child to        2,865        

return home safely, except that reasonable efforts of that nature  2,866        

are not required when a court has made a determination under       2,867        

division (A)(2) of section 2151.419 of the Revised Code;           2,868        

      (19)  Make reasonable efforts to place the child in a        2,870        

timely manner in accordance with the permanency plan approved      2,871        

under division (E) of section 2151.417 of the Revised Code and to  2,873        

complete whatever steps are necessary to finalize the permanent    2,874        

placement of the child.                                            2,875        

                                                          65     


                                                                 
      (B)  The public children services agency shall use the       2,877        

system implemented pursuant to division (B)(16) of this section    2,878        

in connection with an investigation undertaken pursuant to         2,879        

division (F)(1) of section 2151.421 of the Revised Code and may    2,881        

use the system at any other time the agency is involved with any                

child when the agency determines that risk assessment is           2,882        

necessary.                                                                      

      (C)  Except as provided in section 2151.422 of the Revised   2,884        

Code, in accordance with rules of the director of job and family   2,886        

services, and on behalf of children in the county whom the public  2,887        

children services agency considers to be in need of public care    2,888        

or protective services, the public children services agency may    2,889        

do the following:                                                               

      (1)  Provide or find, with other child serving systems,      2,892        

treatment foster care for the care of children in a treatment      2,893        

foster home, as defined in section 5103.02 of the Revised Code,    2,894        

CERTIFIED UNDER SECTION 5103.03 OF THE REVISED CODE;                            

      (2)(a)  Except as limited by divisions (C)(2)(b) and (c) of  2,897        

this section, contract with the following for the purpose of                    

assisting the agency with its duties:                              2,898        

      (i)  County departments of job and family services;          2,900        

      (ii)  Boards of alcohol, drug addiction, and mental health   2,903        

services;                                                                       

      (iii)  County boards of mental retardation and               2,905        

developmental disabilities;                                        2,906        

      (iv)  Regional councils of political subdivisions            2,908        

established under Chapter 167. of the Revised Code;                2,909        

      (v)  Private and government providers of services;           2,911        

      (vi)  Managed care organizations and prepaid health plans.   2,913        

      (b)  A public children services agency contract under        2,916        

division (C)(2)(a) of this section regarding the agency's duties                

under section 2151.421 of the Revised Code may not provide for     2,917        

the entity under contract with the agency to perform any service   2,918        

not authorized by the department's rules.                          2,919        

                                                          66     


                                                                 
      (c)  Only a county children services board appointed under   2,922        

section 5153.03 of the Revised Code that is a public children                   

services agency may contract under division (C)(2)(a) of this      2,923        

section.  If an entity specified in division (B) or (C) of         2,924        

section 5153.02 of the Revised Code is the public children         2,925        

services agency for a county, the board of county commissioners    2,926        

may enter into contracts pursuant to section 307.982 of the                     

Revised Code regarding the agency's duties.                        2,927        

      Sec. 5153.161.  Care provided by the public children         2,936        

services agency under division (A)(4) of section 5153.16 of the    2,940        

Revised Code shall be provided by the agency, by its own means or  2,941        

through other available resources, in the child's own home, in     2,943        

the home of a relative, or in a certified family foster home, any  2,945        

other home approved by the court, receiving home, school,                       

hospital, convalescent home, or other public or private            2,946        

institution within or outside the county or state.                 2,947        

      Section 2.  That existing sections 2151.011, 2151.312,       2,949        

2151.331, 2151.34, 2151.353, 2151.418, 2151.55, 2151.554,          2,950        

2151.62, 2907.08, 3313.64, 5101.14, 5101.141, 5103.02, 5103.031,   2,952        

5103.032, 5103.033, 5123.77, 5153.01, 5153.16, and 5153.161 of     2,953        

the Revised Code are hereby repealed.                              2,954        

      Section 3.  Section 5103.031 of the Revised Code does not    2,957        

apply to a foster home, as defined in section 5103.02 of the       2,958        

Revised Code, holding a valid certificate issued under section     2,959        

5103.03 of the Revised Code on January 1, 2001.                    2,960        

      Section 4.  Section 5153.161 of the Revised Code is          2,962        

presented in this act as a composite of the section as amended by  2,963        

both Am. Sub. H.B. 215 and Sub. H.B. 408 of the 122nd General      2,964        

Assembly, with the new language of neither of the acts shown in    2,966        

capital letters.  This is in recognition of the principle stated   2,967        

in division (B) of section 1.52 of the Revised Code that such      2,968        

amendments are to be harmonized where not substantively            2,969        

irreconcilable and constitutes a legislative finding that such is  2,970        

the resulting version in effect prior to the effective date of     2,971        

                                                          67     


                                                                 
this act.                                                                       

      Section 5.  Sections 1, 2, 3, and 4 of this act shall take   2,973        

effect January 1, 2001.                                            2,974