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
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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
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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
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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