As Reported by the Senate Health, Human Services            2            

                       and Aging Committee                         2            

123rd General Assembly                                             5            

   Regular Session                             Sub. H. B. No. 332  6            

      1999-2000                                                    7            


   REPRESENTATIVES FORD-BARRETT-BEATTY-BENDER-BRITTON-DePIERO-     9            

  FLANNERY-GRENDELL-HARTNETT-JERSE-METELSKY-D. MILLER-O'BRIEN-     10           

   PATTON-PERRY-PRINGLE-SALERNO-SMITH-SULLIVAN-SULZER-VESPER-      11           

  WINKLER-METZGER-WILLAMOWSKI-JONES-MOTTLEY-CAREY-TERWILLEGER-     13           

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

 BRADING-BOYD-STAPLETON-WILSON-HEALY-GOODING-SMITH-OGG-JACOBSON-   14           

      SENATORS KEARNS-HAGAN-FINGERHUT-SPADA-DRAKE-PRENTISS         15           


_________________________________________________________________   17           

                          A   B I L L                                           

             To amend sections 2151.011, 2151.312, 2151.331,       19           

                2151.34, 2151.353, 2151.418, 2151.55, 2151.554,    20           

                2151.62, 2907.08, 3313.64, 5101.14, 5101.141,                   

                5103.02, 5103.03, 5103.032, 5103.033, 5123.77,     21           

                5153.01, 5153.16, and 5153.161, to amend for the   22           

                purpose of adopting new section numbers as         23           

                indicated in parentheses sections 2151.418                      

                (5103.0318), 5103.031 (5103.13), 5103.032          24           

                (5103.131), and 5103.033 (5103.0317), and to                    

                enact new sections 5103.031, 5103.032, and         25           

                5103.033 and sections 5103.034, 5103.035,          26           

                5103.036, 5103.037, 5103.038, 5103.039,                         

                5103.0310, 5103.0311, 5103.0312, 5103.0313,        27           

                5103.0314, 5103.0315, 5103.0316, and 5103.0326 of  28           

                the Revised Code to establish preplacement and                  

                continuing training requirements for foster        29           

                caregivers and provide for public children         30           

                services agencies, private child placing           31           

                agencies, and private noncustodial agencies to     32           

                operate training programs and to permit a                       

                recommending agency to recommend that a foster     33           

                                                          2      


                                                                 
                home certificate not be renewed under certain                   

                circumstances.                                     34           




BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:        36           

      Section 1.  That sections 2151.011, 2151.312, 2151.331,      38           

2151.34, 2151.353, 2151.418, 2151.55, 2151.554, 2151.62, 2907.08,  39           

3313.64, 5101.14, 5101.141, 5103.02, 5103.03, 5103.032, 5103.033,  41           

5123.77, 5153.01, 5153.16, and 5153.161 be amended, sections       42           

2151.418 (5103.0318), 5103.031 (5103.13), 5103.032 (5103.131),     43           

and 5103.033 (5103.0317) be amended for the purpose of adopting    44           

new section numbers as indicated in parentheses, and new sections  45           

5103.031, 5103.032, and 5103.033 and sections 5103.034, 5103.035,  46           

5103.036, 5103.037, 5103.038, 5103.039, 5103.0310, 5103.0311,      47           

5103.0312, 5103.0313, 5103.0314, 5103.0315, 5103.0316, and         48           

5103.0326 of the Revised Code be enacted to read as follows:       49           

      Sec. 2151.011.  (A)  As used in the Revised Code:            58           

      (1)  "Juvenile court" means the division of the court of     60           

common pleas or a juvenile court separately and independently      61           

created having jurisdiction under this chapter.                    62           

      (2)  "Juvenile judge" means a judge of a court having        64           

jurisdiction under this chapter.                                   65           

      (3)  "Private child placing agency" means any association,   67           

as defined in section 5103.02 of the Revised Code, that is         68           

certified pursuant to UNDER section 5103.03 of the Revised Code    70           

to accept temporary, permanent, or legal custody of children and   72           

place the children for either foster care or adoption.                          

      (4)  "Private noncustodial agency" means any person,         74           

organization, association, or society certified by the department  75           

of job and family services that does not accept temporary or       77           

permanent legal custody of children, that is privately operated    78           

in this state, and that does one or more of the following:         79           

      (a)  Receives and cares for children for two or more         81           

consecutive weeks;                                                 82           

                                                          3      


                                                                 
      (b)  Participates in the placement of children in family     84           

CERTIFIED foster homes;                                            86           

      (c)  Provides adoption services in conjunction with a        88           

public children services agency or private child placing agency.   89           

      (B)  As used in this chapter:                                91           

      (1)  "Adequate parental care" means the provision by a       93           

child's parent or parents, guardian, or custodian of adequate      94           

food, clothing, and shelter to ensure the child's health and       95           

physical safety and the provision by a child's parent or parents   96           

of specialized services warranted by the child's physical or       97           

mental needs.                                                      98           

      (2)  "Adult" means an individual who is eighteen years of    100          

age or older.                                                      101          

      (3)  "Agreement for temporary custody" means a voluntary     103          

agreement authorized by section 5103.15 of the Revised Code that   105          

transfers the temporary custody of a child to a public children    106          

services agency or a private child placing agency.                 107          

      (4)  "Babysitting care" means care provided for a child      109          

while the parents, guardian, or legal custodian of the child are   110          

temporarily away.                                                  111          

      (5)  "Certified family foster home" means a family foster    113          

home operated by persons holding a certificate in force, issued,   115          

AS DEFINED IN SECTION 5103.02 OF THE REVISED CODE, CERTIFIED       116          

under section 5103.03 of the Revised Code.                         117          

      (6)(5)(a)  "Child" means a person who is under eighteen      120          

years of age, except as otherwise provided in divisions            121          

(B)(6)(5)(b) to (f) of this section.                               122          

      (b)  Subject to division (B)(6)(5)(c) of this section, any   125          

person who violates a federal or state law or municipal ordinance  126          

prior to attaining eighteen years of age shall be deemed a                      

"child" irrespective of that person's age at the time the          127          

complaint is filed or the hearing on the complaint is held.        128          

      (c)  Any person who, while under eighteen years of age,      131          

commits an act that would be a felony if committed by an adult     132          

                                                          4      


                                                                 
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    133          

child in relation to that act.                                     134          

      (d)  Any person whose case is transferred for criminal       136          

prosecution pursuant to division (B) or (C) of section 2151.26 of  137          

the Revised Code shall after the transfer be deemed not to be a    138          

child in the transferred case.                                     139          

      (e)  Subject to division (B)(6)(5)(f) of this section, any   142          

person whose case is transferred for criminal prosecution          143          

pursuant to division (B) or (C) of section 2151.26 of the Revised  144          

Code and who subsequently is convicted of or pleads guilty to a    145          

felony in that case shall after the transfer be deemed not to be   147          

a child in any case in which the person is alleged to have         149          

committed prior to or subsequent to the transfer an act that       151          

would be an offense if committed by an adult.  Division            152          

(B)(6)(5)(e) of this section applies to a case regardless of       153          

whether the prior or subsequent act that is alleged in the case    155          

and that would be an offense if committed by an adult allegedly    156          

was committed in the same county in which the case was             158          

transferred or in another county and regardless of whether the                  

complaint in the case involved was filed in the same county in     159          

which the case was transferred or in another county.  Division     160          

(B)(6)(5)(e) of this section applies to a case that involves an    162          

act committed prior to the transfer only when the prior act        163          

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

or trial court.                                                    164          

      (f)  Notwithstanding division (B)(6)(5)(e) of this section,  167          

if a person's case is transferred for criminal prosecution                      

pursuant to division (B) or (C) of section 2151.26 of the Revised  169          

Code and if the person subsequently is convicted of or pleads      170          

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

considered a child solely for the following purposes in relation   171          

to any act the person subsequently commits that would be an        172          

offense if committed by an adult:                                  173          

                                                          5      


                                                                 
      (i)  For purposes of the filing of a complaint alleging      175          

that the child is a delinquent child for committing the act that   176          

would be an offense if committed by an adult;                      177          

      (ii)  For purposes of the juvenile court conducting a        179          

hearing under division (B) of section 2151.26 of the Revised Code  181          

relative to the complaint described in division (B)(6)(5)(f)(i)    182          

of this section to determine whether division (B)(1) of section    183          

2151.26 of the Revised Code applies and requires that the case be  185          

transferred for criminal prosecution to the appropriate court      186          

having jurisdiction of the offense.                                             

      (7)(6)  "Child day camp," "child day-care," "child day-care  188          

center," "part-time child day-care center," "type A family         191          

day-care home," "certified type B family day-care home," "type B   192          

home," "administrator of a child day-care center," "administrator  194          

of a type A family day-care home," "in-home aide," and             195          

"authorized provider" have the same meanings as in section         196          

5104.01 of the Revised Code.                                                    

      (8)(7)  "Child day-care provider" means an individual who    198          

is a child-care staff member or administrator of a child day-care  199          

center, a type A family day-care home, or a type B family          200          

day-care home, or an in-home aide or an individual who is          201          

licensed, is regulated, is approved, operates under the direction  202          

of, or otherwise is certified by the department of job and family  204          

services, department of mental retardation and developmental       205          

disabilities, or the early childhood programs of the department    206          

of education.                                                      207          

      (9)(8)  "Commit" means to vest custody as ordered by the     209          

court.                                                             210          

      (10)(9)  "Counseling" includes both of the following:        212          

      (a)  General counseling services performed by a public       215          

children services agency or shelter for victims of domestic        216          

violence to assist a child, a child's parents, and a child's       217          

siblings in alleviating identified problems that may cause or      219          

have caused the child to be an abused, neglected, or dependent     220          

                                                          6      


                                                                 
child.                                                                          

      (b)  Psychiatric or psychological therapeutic counseling     223          

services provided to correct or alleviate any mental or emotional  225          

illness or disorder and performed by a licensed psychiatrist,                   

licensed psychologist, or a person licensed under Chapter 4757.    227          

of the Revised Code to engage in social work or professional       228          

counseling.                                                                     

      (11)(10)  "Custodian" means a person who has legal custody   230          

of a child or a public children services agency or private child   232          

placing agency that has permanent, temporary, or legal custody of  233          

a child.                                                           234          

      (12)(11)  "Detention" means the temporary care of children   236          

pending court adjudication or disposition, or execution of a       237          

court order, in a public or private facility designed to           238          

physically restrict the movement and activities of children.       239          

      (13)(12)  "Developmental disability" has the same meaning    241          

as in section 5123.01 of the Revised Code.                         243          

      (14)  "Family foster home" means a private residence in      245          

which children are received apart from their parents, guardian,    246          

or legal custodian by an individual for hire, gain, or reward for  247          

nonsecure care, supervision, or training twenty-four hours a day.  248          

"Family foster home" does not include babysitting care provided    249          

for a child in the home of a person other than the home of the     250          

parents, guardian, or legal custodian of the child.                251          

      (15)  "Foster home" means a family home in which any child   253          

is received apart from the child's parents for care, supervision,  254          

or training.                                                       256          

      (16)(13)  "Guardian" means a person, association, or         258          

corporation that is granted authority by a probate court pursuant  259          

to Chapter 2111. of the Revised Code to exercise parental rights   260          

over a child to the extent provided in the court's order and       261          

subject to the residual parental rights of the child's parents.    262          

      (17)(14)  "Legal custody" means a legal status that vests    264          

in the custodian the right to have physical care and control of    265          

                                                          7      


                                                                 
the child and to determine where and with whom the child shall     266          

live, and the right and duty to protect, train, and discipline     268          

the child and to provide the child with food, shelter, education,  269          

and medical care, all subject to any residual parental rights,     271          

privileges, and responsibilities.  An individual granted legal     272          

custody shall exercise the rights and responsibilities personally  273          

unless otherwise authorized by any section of the Revised Code or  274          

by the court.                                                      275          

      (18)(15)  "Mental illness" and "mentally ill person subject  277          

to hospitalization by court order" have the same meanings as in    279          

section 5122.01 of the Revised Code.                               280          

      (19)(16)  "Mental injury" means any behavioral, cognitive,   282          

emotional, or mental disorder in a child caused by an act or       283          

omission that is described in section 2919.22 of the Revised Code  284          

and is committed by the parent or other person responsible for     286          

the child's care.                                                               

      (20)(17)  "Mentally retarded person" has the same meaning    288          

as in section 5123.01 of the Revised Code.                         290          

      (21)(18)  "Nonsecure care, supervision, or training" means   292          

care, supervision, or training of a child in a facility that does  293          

not confine or prevent movement of the child within the facility   294          

or from the facility.                                              295          

      (22)(19)  "Organization" means any institution, public,      297          

semipublic, or private, and any private association, society, or   298          

agency located or operating in the state, incorporated or          299          

unincorporated, having among its functions the furnishing of       300          

protective services or care for children, or the placement of      301          

children in CERTIFIED foster homes or elsewhere.                   302          

      (23)(20)  "Out-of-home care" means detention facilities,     304          

shelter facilities, foster homes, certified foster homes,          305          

placement in a prospective adoptive home prior to the issuance of  306          

a final decree of adoption, organizations, certified               307          

organizations, child day-care centers, type A family day-care      308          

homes, child day-care provided by type B family day-care home      309          

                                                          8      


                                                                 
providers and by in-home aides, group home providers, group        310          

homes, institutions, state institutions, residential facilities,   311          

residential care facilities, residential camps, day camps,         312          

hospitals, and medical clinics that are responsible for the care,  313          

physical custody, or control of children.                          314          

      (24)(21)  "Out-of-home care child abuse" means any of the    316          

following when committed by a person responsible for the care of   317          

a child in out-of-home care:                                       318          

      (a)  Engaging in sexual activity with a child in the         320          

person's care;                                                     321          

      (b)  Denial to a child, as a means of punishment, of proper  323          

or necessary subsistence, education, medical care, or other care   324          

necessary for a child's health;                                    325          

      (c)  Use of restraint procedures on a child that cause       327          

injury or pain;                                                    328          

      (d)  Administration of prescription drugs or psychotropic    330          

medication to the child without the written approval and ongoing   331          

supervision of a licensed physician;                               332          

      (e)  Commission of any act, other than by accidental means,  334          

that results in any injury to or death of the child in             335          

out-of-home care or commission of any act by accidental means      336          

that results in an injury to or death of a child in out-of-home    337          

care and that is at variance with the history given of the injury  338          

or death.                                                                       

      (25)(22)  "Out-of-home care child neglect" means any of the  340          

following when committed by a person responsible for the care of   341          

a child in out-of-home care:                                       342          

      (a)  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;                    346          

      (b)  Failure to provide reasonable supervision according to  348          

the standards of care appropriate to the age, mental and physical  349          

condition, or other special needs of the child, that results in    350          

sexual or physical abuse of the child by any person;               351          

                                                          9      


                                                                 
      (c)  Failure to develop a process for all of the following:  353          

      (i)  Administration of prescription drugs or psychotropic    355          

drugs for the child;                                               356          

      (ii)  Assuring that the instructions of the licensed         358          

physician who prescribed a drug for the child are followed;        359          

      (iii)  Reporting to the licensed physician who prescribed    361          

the drug all unfavorable or dangerous side effects from the use    362          

of the drug.                                                       363          

      (d)  Failure to provide proper or necessary subsistence,     365          

education, medical care, or other individualized care necessary    366          

for the health or well-being of the child;                         367          

      (e)  Confinement of the child to a locked room without       369          

monitoring by staff;                                               370          

      (f)  Failure to provide ongoing security for all             372          

prescription and nonprescription medication;                       373          

      (g)  Isolation of a child for a period of time when there    375          

is substantial risk that the isolation, if continued, will impair  376          

or retard the mental health or physical well-being of the child.   377          

      (26)(23)  "Permanent custody" means a legal status that      379          

vests in a public children services agency or a private child      380          

placing agency, all parental rights, duties, and obligations,      381          

including the right to consent to adoption, and divests the        382          

natural parents or adoptive parents of all parental rights,        383          

privileges, and obligations, including all residual rights and     384          

obligations.                                                                    

      (27)  "Planned permanent living arrangement" means an order  387          

of a juvenile court pursuant to which both of the following        388          

apply:                                                                          

      (a)  The court gives legal custody of a child to a public    390          

children services agency or a private child placing agency         391          

without the termination of parental rights.                        392          

      (b)  The order permits the agency to make an appropriate     394          

placement of the child and to enter into a written agreement with  397          

a foster care provider or with another person or agency with whom  398          

                                                          10     


                                                                 
the child is placed.                                                            

      (28)(24)  "Permanent surrender" means the act of the         400          

parents or, if a child has only one parent, of the parent of a     401          

child, by a voluntary agreement authorized by section 5103.15 of   403          

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

to a public children services agency or a private child placing    404          

agency.                                                            405          

      (29)(25)  "Person responsible for a child's care in          407          

out-of-home care" means any of the following:                      409          

      (a)  Any foster parent, in-home aide, or provider;           411          

      (b)  Any administrator, employee, or agent of any of the     413          

following:  a public or private detention facility; shelter        414          

facility; organization; certified organization; child day-care     415          

center; type A family day-care home; certified type B family       416          

day-care home; group home; institution; state institution;         417          

residential facility; residential care facility; residential       418          

camp; day camp; hospital; or medical clinic;                       419          

      (c)  Any other person who performs a similar function with   421          

respect to, or has a similar relationship to, children.            422          

      (30)(26)  "Physically impaired" means having one or more of  424          

the following conditions that substantially limit one or more of   425          

an individual's major life activities, including self-care,        426          

receptive and expressive language, learning, mobility, and         427          

self-direction:                                                                 

      (a)  A substantial impairment of vision, speech, or          429          

hearing;                                                                        

      (b)  A congenital orthopedic impairment;                     431          

      (c)  An orthopedic impairment caused by disease, rheumatic   434          

fever or any other similar chronic or acute health problem, or     435          

amputation or another similar cause.                                            

      (31)(27)  "Placement for adoption" means the arrangement by  437          

a public children services agency or a private child placing       438          

agency with a person for the care and adoption by that person of   439          

a child of whom the agency has permanent custody.                  440          

                                                          11     


                                                                 
      (32)(28)  "Placement in foster care" means the arrangement   443          

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  444          

temporary custody or permanent custody.                            445          

      (33)(29)  "PLANNED PERMANENT LIVING ARRANGEMENT" MEANS AN    448          

ORDER OF A JUVENILE COURT PURSUANT TO WHICH BOTH OF THE FOLLOWING  449          

APPLY:                                                                          

      (a)  THE COURT GIVES LEGAL CUSTODY OF A CHILD TO A PUBLIC    451          

CHILDREN SERVICES AGENCY OR A PRIVATE CHILD PLACING AGENCY         452          

WITHOUT THE TERMINATION OF PARENTAL RIGHTS.                        453          

      (b)  THE ORDER PERMITS THE AGENCY TO MAKE AN APPROPRIATE     455          

PLACEMENT OF THE CHILD AND TO ENTER INTO A WRITTEN AGREEMENT WITH  458          

A FOSTER CARE PROVIDER OR WITH ANOTHER PERSON OR AGENCY WITH WHOM  459          

THE CHILD IS PLACED.                                                            

      (30)  "Practice of social work" and "practice of             462          

professional counseling" have the same meanings as in section      463          

4757.01 of the Revised Code.                                       464          

      (34)(31)  "Probation" means a legal status created by court  466          

order following an adjudication that a child is a delinquent       467          

child, a juvenile traffic offender, or an unruly child, whereby    468          

the child is permitted to remain in the parent's, guardian's, or   469          

custodian's home subject to supervision, or under the supervision  470          

of any agency designated by the court and returned to the court    471          

for violation of probation at any time during the period of        472          

probation.                                                         473          

      (35)(32)  "Protective supervision" means an order of         475          

disposition pursuant to which the court permits an abused,         476          

neglected, dependent, unruly, or delinquent child or a juvenile    477          

traffic offender to remain in the custody of the child's parents,  478          

guardian, or custodian and stay in the child's home, subject to    479          

any conditions and limitations upon the child, the child's         481          

parents, guardian, or custodian, or any other person that the      483          

court prescribes, including supervision as directed by the court   484          

for the protection of the child.                                   485          

                                                          12     


                                                                 
      (36)(33)  "Psychiatrist" has the same meaning as in section  487          

5122.01 of the Revised Code.                                       488          

      (37)(34)  "Psychologist" has the same meaning as in section  490          

4732.01 of the Revised Code.                                       491          

      (38)(35)  "Residential camp" means a program in which the    493          

care, physical custody, or control of children is accepted         496          

overnight for recreational or recreational and educational         497          

purposes.                                                                       

      (39)(36)  "Residential care facility" means an institution,  499          

residence, or facility that is licensed by the department of       500          

mental health under section 5119.22 of the Revised Code and that   501          

provides care for a child.                                         502          

      (40)(37)  "Residential facility" means a home or facility    504          

that is licensed by the department of mental retardation and       505          

developmental disabilities under section 5123.19 of the Revised    506          

Code and in which a child with a developmental disability          507          

resides.                                                           508          

      (41)(38)  "Residual parental rights, privileges, and         510          

responsibilities" means those rights, privileges, and              511          

responsibilities remaining with the natural parent after the       512          

transfer of legal custody of the child, including, but not         513          

necessarily limited to, the privilege of reasonable visitation,    514          

consent to adoption, the privilege to determine the child's        515          

religious affiliation, and the responsibility for support.         516          

      (42)(39)  "Secure correctional facility" means a facility    518          

under the direction of the department of youth services that is    519          

designed to physically restrict the movement and activities of     520          

children and used for the placement of children after              521          

adjudication and disposition.                                                   

      (43)(40)  "Sexual activity" has the same meaning as in       523          

section 2907.01 of the Revised Code.                               524          

      (44)(41)  "Shelter" means the temporary care of children in  526          

physically unrestricted facilities pending court adjudication or   527          

disposition.                                                       528          

                                                          13     


                                                                 
      (45)(42)  "Shelter for victims of domestic violence" has     530          

the same meaning as in section 3113.33 of the Revised Code.        531          

      (46)(43)  "Temporary custody" means legal custody of a       533          

child who is removed from the child's home, which custody may be   534          

terminated at any time at the discretion of the court or, if the   536          

legal custody is granted in an agreement for temporary custody,    537          

by the person who executed the agreement.                          538          

      (C)  For the purposes of this chapter, a child shall be      540          

presumed abandoned when the parents of the child have failed to    541          

visit or maintain contact with the child for more than ninety      542          

days, regardless of whether the parents resume contact with the    543          

child after that period of ninety days.                            544          

      Sec. 2151.312.  (A)  Except as provided in divisions (B)     553          

and (F) of this section, a child alleged to be or adjudicated a    554          

delinquent child, an unruly child, or a juvenile traffic offender  555          

may be held only in the following places:                          556          

      (1)  A certified family foster home or a home approved by    558          

the court;                                                         559          

      (2)  A facility operated by a certified child welfare        561          

agency;                                                            562          

      (3)  Any other suitable place designated by the court.       564          

      (B)  In addition to the places listed in division (A) of     566          

this section, a child alleged to be or adjudicated a delinquent    567          

child may be held in a detention home or center for delinquent     568          

children that is under the direction or supervision of the court   569          

or other public authority or of a private agency and approved by   570          

the court.                                                                      

      (C)(1)  Except as provided under division (C)(1) of section  572          

2151.311 of the Revised Code or division (A)(6) of section         573          

2151.356 of the Revised Code, a child alleged to be or             575          

adjudicated a neglected child, an abused child, a dependent                     

child, an unruly child, or a juvenile traffic offender may not be  576          

held in any of the following facilities:                           577          

      (a)  A state correctional institution, county, multicounty,  580          

                                                          14     


                                                                 
or municipal jail or workhouse, or other place in which an adult   581          

convicted of crime, under arrest, or charged with a crime is       582          

held.                                                                           

      (b)  A secure correctional facility.                         584          

      (2)  Except as provided under sections 2151.56 to 2151.61    586          

and division (A)(6) of section 2151.356 of the Revised Code and    587          

division (C)(3) of this section, a child alleged to be or          588          

adjudicated an unruly child or a juvenile traffic offender may     589          

not be held for more than twenty-four hours in a detention home.   590          

A child alleged to be or adjudicated a neglected child, an abused  591          

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   593          

unruly child and who is taken into custody on a Saturday, Sunday,  595          

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      596          

that is not a Saturday, Sunday, or legal holiday.                  597          

      (D)  Except as provided in division (F) of this section or   599          

in division (C) of section 2151.311, in division (C)(2) of         600          

section 5139.06 and section 5120.162, or in division (B) of        602          

section 5120.16 of the Revised Code, a child who is alleged to be  603          

or is adjudicated a delinquent child may not be held in a state    604          

correctional institution, county, multicounty, or municipal jail   605          

or workhouse, or other place where an adult convicted of crime,    606          

under arrest, or charged with crime is held.                       607          

      (E)  Unless the detention is pursuant to division (F) of     609          

this section or division (C) of section 2151.311, division (C)(2)  611          

of section 5139.06 and section 5120.162, or division (B) of        613          

section 5120.16 of the Revised Code, the official in charge of     614          

the institution, jail, workhouse, or other facility shall inform   615          

the court immediately when a child, who is or appears to be under  616          

the age of eighteen years, is received at the facility, and shall  617          

deliver the child to the court upon request or transfer the child  618          

to a detention facility designated by the court.                   619          

                                                          15     


                                                                 
      (F)  If a case is transferred to another court for criminal  621          

prosecution pursuant to section 2151.26 of the Revised Code, the   622          

child may be transferred for detention pending the criminal        623          

prosecution in a jail or other facility in accordance with the     624          

law governing the detention of persons charged with crime.  Any    625          

child so held shall be confined in a manner that keeps the child   626          

beyond the range of touch of all adult detainees.  The child       627          

shall be supervised at all times during the detention.             628          

      Sec. 2151.331.  A child alleged to be or adjudicated an      637          

abused, neglected, dependent, or unruly child or a juvenile        638          

traffic offender may be detained after a complaint is filed in a   639          

certified family foster home for a period not exceeding sixty      641          

days or until the final disposition of the case, whichever comes   642          

first.  The court also may arrange with a public children          643          

services agency or private child placing agency to receive, or     644          

with a private noncustodial agency for temporary care of, the      645          

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

be or adjudicated an unruly child also may be assigned to an       646          

alternative diversion program established by the court for a       647          

period not exceeding sixty days after a complaint is filed or      648          

until final disposition of the case, whichever comes first.        649          

      If the court arranges for the board of a child temporarily   651          

detained in a certified family foster home or arranges for the     652          

board of a child through a private child placing agency, the       655          

board of county commissioners shall pay a reasonable sum, which    656          

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

have certified family foster homes available for service, an       657          

agreed monthly subsidy may be paid in addition to a fixed rate     659          

per day for care of a child actually residing in the certified     660          

family foster home.                                                             

      Sec. 2151.34.  A child who is alleged to be or adjudicated   669          

a delinquent child may be confined in a place of juvenile          671          

detention for a period not to exceed ninety days, during which     672          

time a social history may be prepared to include court record,     673          

                                                          16     


                                                                 
family history, personal history, school and attendance records,   674          

and any other pertinent studies and material that will be of       675          

assistance to the juvenile court in its disposition of the         676          

charges against that juvenile offender.                                         

      Upon the advice and recommendation of the judge, the board   678          

of county commissioners shall provide, by purchase, lease,         679          

construction, or otherwise, a place to be known as a detention     680          

home that shall be within a convenient distance of the juvenile    681          

court and shall not be used for the confinement of adults charged  682          

with criminal offenses and in which delinquent children may be     683          

detained until final disposition.  Upon the joint advice and       685          

recommendation of the juvenile judges of two or more adjoining or  686          

neighboring counties, the boards of county commissioners of the    687          

counties shall form themselves into a joint board and proceed to   688          

organize a district for the establishment and support of a         689          

detention home for the use of the juvenile courts of those         690          

counties, in which delinquent children may be detained until       691          

final disposition, by using a site or buildings already            692          

established in one of the counties or by providing for the         693          

purchase of a site and the erection of the necessary buildings on  694          

the site.                                                                       

      A child who is adjudicated to be a juvenile traffic          696          

offender for having committed a violation of division (A) of       697          

section 4511.19 of the Revised Code or of a municipal ordinance    698          

that is substantially comparable to that division may be confined  699          

in a detention home or district detention home pursuant to         700          

division (A)(6) of section 2151.356 of the Revised Code, provided  701          

the child is kept separate and apart from alleged delinquent       702          

children.                                                                       

      The county or district detention home shall be maintained    704          

as provided in sections 2151.01 to 2151.54 of the Revised Code.    705          

In any county in which there is no detention home or that is not   706          

served by a district detention home, the board of county           707          

commissioners shall provide funds for the boarding of such         708          

                                                          17     


                                                                 
children temporarily in private homes.  Children who are alleged   709          

to be or have been adjudicated delinquent children may be          710          

detained after a complaint is filed in the detention home until    711          

final disposition of their cases or in certified family foster     712          

homes or in any other home approved by the court, if any are       713          

available, for a period not exceeding sixty days or until final    714          

disposition of their cases, whichever comes first.  The court      715          

also may arrange with any public children services agency or       716          

private child placing agency to receive, or private noncustodial   717          

agency for temporary care of, the children within the              718          

jurisdiction of the court.  A district detention home approved     719          

for such purpose by the department of youth services under         720          

section 5139.281 of the Revised Code may receive children          721          

committed to its temporary custody under section 2151.355 of the   722          

Revised Code and provide the care, treatment, and training         723          

required.                                                                       

      If a detention home is established as an agency of the       725          

court or a district detention home is established by the courts    726          

of several counties as provided in this section, it shall be       727          

furnished and carried on, as far as possible, as a family home in  728          

charge of a superintendent or matron in a nonpunitive neutral      729          

atmosphere.  The judge, or the directing board of a district       730          

detention home, may appoint a superintendent, a matron, and other  731          

necessary employees for the home and fix their salaries.  During   732          

the school year, when possible, a comparable educational program   733          

with competent and trained staff shall be provided for those       734          

children of school age.  A sufficient number of trained            735          

recreational personnel shall be included among the staff to        736          

assure wholesome and profitable leisure-time activities.  Medical  737          

and mental health services shall be made available to ensure the   738          

courts all possible treatment facilities shall be given to those   739          

children placed under their care.  In the case of a county         740          

detention home, the salaries shall be paid in the same manner as   741          

is provided by section 2151.13 of the Revised Code for other       742          

                                                          18     


                                                                 
employees of the court, and the necessary expenses incurred in     743          

maintaining the detention home shall be paid by the county.  In    744          

the case of a district detention home, the salaries and the        745          

necessary expenses incurred in maintaining the district detention  746          

home shall be paid as provided in sections 2151.341 to 2151.3415   747          

of the Revised Code.                                               748          

      If the court arranges for the board of children temporarily  750          

detained in family CERTIFIED foster homes or arranges for the      751          

board of those children through any private child placing agency,  753          

a reasonable sum to be fixed by the court for the board of those   754          

children shall be paid by the county.  In order to have family     755          

CERTIFIED foster homes available for service, an agreed monthly    757          

subsidy may be paid and a fixed rate per day for care of children  758          

actually residing in the family CERTIFIED foster home.             759          

      Sec. 2151.353.  (A)  If a child is adjudicated an abused,    768          

neglected, or dependent child, the court may make any of the       769          

following orders of disposition:                                   770          

      (1)  Place the child in protective supervision;              772          

      (2)  Commit the child to the temporary custody of a public   774          

children services agency, a private child placing agency, either   775          

parent, a relative residing within or outside the state, or a      776          

probation officer for placement in a certified family foster home  778          

or in any other home approved by the court;                                     

      (3)  Award legal custody of the child to either parent or    780          

to any other person who, prior to the dispositional hearing,       781          

files a motion requesting legal custody of the child;              782          

      (4)  Commit the child to the permanent custody of a public   784          

children services agency or private child placing agency, if the   785          

court determines in accordance with division (E) of section        786          

2151.414 of the Revised Code that the child cannot be placed with  787          

one of the child's parents within a reasonable time or should not  788          

be placed with either parent and determines in accordance with     789          

division (D) of section 2151.414 of the Revised Code that the      790          

permanent commitment is in the best interest of the child.  If     791          

                                                          19     


                                                                 
the court grants permanent custody under this division, the        792          

court, upon the request of any party, shall file a written         793          

opinion setting forth its findings of fact and conclusions of law  794          

in relation to the proceeding.                                     795          

      (5)  Place the child in a planned permanent living           798          

arrangement with a public children services agency or private      799          

child placing agency, if a public children services agency or      800          

private child placing agency requests the court to place the       801          

child in a planned permanent living arrangement and if the court   802          

finds, by clear and convincing evidence, that a planned permanent  804          

living arrangement is in the best interest of the child and that   806          

one of the following exists:                                                    

      (a)  The child, because of physical, mental, or              808          

psychological problems or needs, is unable to function in a        809          

family-like setting and must remain in residential or              810          

institutional care.                                                811          

      (b)  The parents of the child have significant physical,     813          

mental, or psychological problems and are unable to care for the   814          

child because of those problems, adoption is not in the best       815          

interest of the child, as determined in accordance with division   816          

(D) of section 2151.414 of the Revised Code, and the child         817          

retains a significant and positive relationship with a parent or   818          

relative.                                                          819          

      (c)  The child is sixteen years of age or older, has been    821          

counseled on the permanent placement options available to the      822          

child, is unwilling to accept or unable to adapt to a permanent    823          

placement, and is in an agency program preparing the child for     824          

independent living.                                                             

      (6)  Order the removal from the child's home until further   827          

order of the court of the person who committed abuse as described  828          

in section 2151.031 of the Revised Code against the child, who     829          

caused or allowed the child to suffer neglect as described in      830          

section 2151.03 of the Revised Code, or who is the parent,         831          

guardian, or custodian of a child who is adjudicated a dependent   832          

                                                          20     


                                                                 
child and order any person not to have contact with the child or   833          

the child's siblings.                                              834          

      (B)  No order for permanent custody or temporary custody of  836          

a child or the placement of a child in a planned permanent living  838          

arrangement shall be made pursuant to this section unless the      839          

complaint alleging the abuse, neglect, or dependency contains a    840          

prayer requesting permanent custody, temporary custody, or the     841          

placement of the child in a planned permanent living arrangement   843          

as desired, the summons served on the parents of the child         844          

contains as is appropriate a full explanation that the granting    845          

of an order for permanent custody permanently divests them of      846          

their parental rights, a full explanation that an adjudication     847          

that the child is an abused, neglected, or dependent child may     848          

result in an order of temporary custody that will cause the        849          

removal of the child from their legal custody until the court      850          

terminates the order of temporary custody or permanently divests   851          

the parents of their parental rights, or a full explanation that   852          

the granting of an order for a planned permanent living                         

arrangement will result in the removal of the child from their     854          

legal custody if any of the conditions listed in divisions         855          

(A)(5)(a) to (c) of this section are found to exist, and the       856          

summons served on the parents contains a full explanation of       857          

their right to be represented by counsel and to have counsel       858          

appointed pursuant to Chapter 120. of the Revised Code if they     859          

are indigent.                                                      860          

      If after making disposition as authorized by division        862          

(A)(2) of this section, a motion is filed that requests permanent  863          

custody of the child, the court may grant permanent custody of     864          

the child to the movant in accordance with section 2151.414 of     865          

the Revised Code.                                                  866          

      (C)  If the court issues an order for protective             868          

supervision pursuant to division (A)(1) of this section, the       869          

court may place any reasonable restrictions upon the child, the    870          

child's parents, guardian, or custodian, or any other person,      871          

                                                          21     


                                                                 
including, but not limited to, any of the following:               872          

      (1)  Order a party, within forty-eight hours after the       874          

issuance of the order, to vacate the child's home indefinitely or  875          

for a specified period of time;                                    876          

      (2)  Order a party, a parent of the child, or a physical     878          

custodian of the child to prevent any particular person from       879          

having contact with the child;                                     880          

      (3)  Issue an order restraining or otherwise controlling     882          

the conduct of any person which conduct would not be in the best   883          

interest of the child.                                             884          

      (D)  As part of its dispositional order, the court shall     886          

journalize a case plan for the child.  The journalized case plan   887          

shall not be changed except as provided in section 2151.412 of     888          

the Revised Code.                                                  889          

      (E)(1)  The court shall retain jurisdiction over any child   891          

for whom the court issues an order of disposition pursuant to      892          

division (A) of this section or pursuant to section 2151.414 or    893          

2151.415 of the Revised Code until the child attains the age of    894          

eighteen YEARS if the child is not mentally retarded,              896          

developmentally disabled, or physically impaired, the child        897          

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

retarded, developmentally disabled, or physically impaired, or     899          

the child is adopted and a final decree of adoption is issued,     900          

except that the court may retain jurisdiction over the child and   901          

continue any order of disposition under division (A) of this       902          

section or under section 2151.414 or 2151.415 of the Revised Code  903          

for a specified period of time to enable the child to graduate     904          

from high school or vocational school.  The court shall make an    905          

entry continuing its jurisdiction under this division in the       906          

journal.                                                                        

      (2)  Any public children services agency, any private child  908          

placing agency, the department of job and family services, or any  910          

party, other than any parent whose parental rights with respect    911          

to the child have been terminated pursuant to an order issued      912          

                                                          22     


                                                                 
under division (A)(4) of this section, by filing a motion with     913          

the court, may at any time request the court to modify or          914          

terminate any order of disposition issued pursuant to division     915          

(A) of this section or section 2151.414 or 2151.415 of the         916          

Revised Code.  The court shall hold a hearing upon the motion as   917          

if the hearing were the original dispositional hearing and shall   918          

give all parties to the action and the guardian ad litem notice    919          

of the hearing pursuant to the Juvenile Rules.  If applicable,     920          

the court shall comply with section 2151.42 of the Revised Code.   921          

      (F)  Any temporary custody order issued pursuant to          923          

division (A) of this section shall terminate one year after the    924          

earlier of the date on which the complaint in the case was filed   925          

or the child was first placed into shelter care, except that,      926          

upon the filing of a motion pursuant to section 2151.415 of the    927          

Revised Code, the temporary custody order shall continue and not   928          

terminate until the court issues a dispositional order under that  929          

section.                                                           930          

      (G)(1)  No later than one year after the earlier of the      932          

date the complaint in the case was filed or the child was first    933          

placed in shelter care, a party may ask the court to extend an     934          

order for protective supervision for six months or to terminate    935          

the order.  A party requesting extension or termination of the     936          

order shall file a written request for the extension or                         

termination with the court and give notice of the proposed         937          

extension or termination in writing before the end of the day      938          

after the day of filing it to all parties and the child's          939          

guardian ad litem.  If a public children services agency or        940          

private child placing agency requests termination of the order,                 

the agency shall file a written status report setting out the      941          

facts supporting termination of the order at the time it files     942          

the request with the court.  If no party requests extension or     943          

termination of the order, the court shall notify the parties that  944          

the court will extend the order for six months or terminate it     945          

and that it may do so without a hearing unless one of the parties               

                                                          23     


                                                                 
requests a hearing.  All parties and the guardian ad litem shall   946          

have seven days from the date a notice is sent pursuant to this    947          

division to object to and request a hearing on the proposed        948          

extension or termination.                                                       

      (a)  If it receives a timely request for a hearing, the      950          

court shall schedule a hearing to be held no later than thirty     951          

days after the request is received by the court.  The court shall  952          

give notice of the date, time, and location of the hearing to all  953          

parties and the guardian ad litem.  At the hearing, the court      954          

shall determine whether extension or termination of the order is   955          

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

best interest, the court shall terminate the order.  If extension  956          

is in the child's best interest, the court shall extend the order  957          

for six months.                                                                 

      (b)  If it does not receive a timely request for a hearing,  959          

the court may extend the order for six months or terminate it      960          

without a hearing and shall journalize the order of extension or   961          

termination not later than fourteen days after receiving the       962          

request for extension or termination or after the date the court   963          

notifies the parties that it will extend or terminate the order.   964          

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  965          

expiration of the applicable fourteen-day time period and give     966          

notice of the date, time, and location of the hearing to all       967          

parties and the child's guardian ad litem.  At the hearing, the    968          

court shall determine whether extension or termination of the      969          

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

child's best interest, the court shall terminate the order.  If    970          

extension is in the child's best interest, the court shall issue   971          

an order extending the order for protective supervision six        972          

months.                                                                         

      (2)  If the court grants an extension of the order for       974          

protective supervision pursuant to division (G)(1) of this         975          

section, a party may, prior to termination of the extension, file  976          

                                                          24     


                                                                 
with the court a request for an additional extension of six        977          

months or for termination of the order.  The court and the         978          

parties shall comply with division (G)(1) of this section with     979          

respect to extending or terminating the order.                                  

      (3)  If a court grants an extension pursuant to division     981          

(G)(2) of this section, the court shall terminate the order for    982          

protective supervision at the end of the extension.                983          

      (H)  The court shall not issue a dispositional order         985          

pursuant to division (A) of this section that removes a child      986          

from the child's home unless the court complies with section       987          

2151.419 of the Revised Code and includes in the dispositional     990          

order the findings of fact required by that section.               991          

      (I)  If a motion or application for an order described in    994          

division (A)(6) of this section is made, the court shall not       995          

issue the order unless, prior to the issuance of the order, it     996          

provides to the person all of the following:                                    

      (1)  Notice and a copy of the motion or application;         998          

      (2)  The grounds for the motion or application;              1,000        

      (3)  An opportunity to present evidence and witnesses at a   1,002        

hearing regarding the motion or application;                       1,003        

      (4)  An opportunity to be represented by counsel at the      1,005        

hearing.                                                           1,006        

      (J)  The jurisdiction of the court shall terminate one year  1,009        

after the date of the award or, if the court takes any further     1,010        

action in the matter subsequent to the award, the date of the      1,011        

latest further action subsequent to the award, if the court        1,012        

awards legal custody of a child to either of the following:        1,013        

      (1)  A legal custodian who, at the time of the award of      1,015        

legal custody, resides in a county of this state other than the    1,016        

county in which the court is located;                                           

      (2)  A legal custodian who resides in the county in which    1,018        

the court is located at the time of the award of legal custody,    1,019        

but moves to a different county of this state prior to one year    1,020        

after the date of the award or, if the court takes any further     1,021        

                                                          25     


                                                                 
action in the matter subsequent to the award, one year after the   1,022        

date of the latest further action subsequent to the award.                      

      The court in the county in which the legal custodian         1,024        

resides then shall have jurisdiction in the matter.                1,025        

      Sec. 2151.55.  When a private or governmental entity         1,034        

intends to place a child in a CERTIFIED foster home in a county    1,035        

other than the county in which the child resided at the time of    1,037        

being removed from home, a representative of the placing entity    1,038        

shall orally communicate the intended placement to the foster      1,039        

caregiver with whom the child is to be placed and, if the child    1,040        

will attend the schools of the district in which the CERTIFIED     1,041        

foster home is located, a representative of the school district's  1,043        

board of education.                                                             

      Sec. 2151.554.  When a private or governmental entity        1,052        

places a child who has been adjudicated to be an unruly or         1,053        

delinquent child in a CERTIFIED foster home in a county other      1,054        

than the county in which the child resided at the time of being    1,056        

removed from home, the placing entity shall provide the following  1,057        

information in writing to the juvenile court of the county in      1,059        

which the CERTIFIED foster home is located:                        1,060        

      (A)  The information listed in divisions (B)(2) to (4) of    1,062        

section 2151.551 of the Revised Code;                              1,064        

      (B)  A brief description of the facts supporting the         1,066        

adjudication that the child is unruly or delinquent;               1,067        

      (C)  The name and address of the foster caregiver;           1,069        

      (D)  Safety and well-being concerns with respect to the      1,071        

child and community.                                               1,072        

      Sec. 2151.62.  (A)  This section applies only to a child     1,081        

who is or previously has been adjudicated a delinquent child for   1,082        

an act to which any of the following applies:                      1,083        

      (1)  It is a violation of section 2903.01, 2903.02,          1,085        

2903.03, 2903.04, 2903.11, 2903.12, 2903.13, 2907.02, 2907.03, or  1,086        

2907.05 of the Revised Code;                                                    

      (2)  It is a violation of section 2923.01 of the Revised     1,089        

                                                          26     


                                                                 
Code and involved an attempt to commit aggravated murder or        1,090        

murder;                                                                         

      (3)  It would be a felony if committed by an adult and the   1,092        

court determined that the child, if an adult, would be guilty of   1,093        

a specification found in section 2941.141, 2941.144, or 2941.145   1,094        

of the Revised Code or in another section of the Revised Code      1,096        

that relates to the possession or use of a firearm, as defined in  1,097        

section 2923.11 of the Revised Code, during the commission of the  1,098        

act for which the child was adjudicated a delinquent child.        1,099        

      (B)(1)  Except as provided in division (E) of this section,  1,102        

a public children services agency, private child placing agency,   1,104        

private noncustodial agency, or court, the department of youth                  

services, or another private or government entity shall not place  1,105        

a child in a CERTIFIED foster home until it provides the foster    1,106        

caregivers with all of the following:                              1,108        

      (a)  A written report describing the child's social          1,110        

history;                                                                        

      (b)  A written report describing all the acts committed by   1,112        

the child the entity knows of that resulted in the child being     1,115        

adjudicated a delinquent child and the disposition made by the     1,116        

court, unless the records pertaining to the acts have been sealed  1,117        

pursuant to section 2151.358 of the Revised Code;                  1,118        

      (c)  A written report describing any other violent act       1,120        

committed by the child of which the entity is aware;               1,122        

      (d)  The substantial and material conclusions and            1,124        

recommendations of any psychiatric or psychological examination    1,126        

conducted on the child or, if no psychological or psychiatric      1,127        

examination of the child is available, the substantial and         1,128        

material conclusions and recommendations of an examination to      1,129        

detect mental and emotional disorders conducted in compliance      1,130        

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

independent social worker, social worker, professional clinical    1,131        

counselor, or professional counselor licensed under that chapter.  1,132        

The entity shall not provide any part of a psychological,          1,133        

                                                          27     


                                                                 
psychiatric, or mental and emotional disorder examination to the   1,134        

foster caregivers other than the substantial and material          1,135        

conclusions.                                                                    

      (2)  Notwithstanding section 2151.358 of the Revised Code,   1,138        

if records of an adjudication that a child is a delinquent child   1,139        

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

records have been sealed, the entity shall provide the foster      1,140        

caregivers a written statement that the records of a prior         1,141        

adjudication have been sealed.                                                  

      (C)  The entity that places the child in a CERTIFIED foster  1,144        

home shall conduct a psychological examination of the child,       1,146        

except that the entity is not required to conduct the examination               

if such an examination was conducted no more than one year prior   1,147        

to the child's placement.  No later than sixty days after placing  1,148        

the child, the entity shall provide the foster caregiver a         1,150        

written report detailing the substantial and material conclusions               

and recommendations of the examination conducted pursuant to this  1,152        

division.                                                                       

      (D)(1)  Except as provided in divisions (D)(2) and (3) of    1,154        

this section, the expenses of conducting the examinations and      1,156        

preparing the reports and assessment required by division (B) or   1,157        

(C) of this section shall be paid by the entity that places the    1,158        

child in the CERTIFIED foster home.                                1,159        

      (2)  When a juvenile court grants temporary or permanent     1,161        

custody of a child pursuant to any section of the Revised Code,    1,162        

including section 2151.33, 2151.353, 2151.354, or 2151.355 of the  1,164        

Revised Code, to a public children services agency or private      1,165        

child placing agency, the court shall provide the agency the       1,167        

information described in division (B) of this section, pay the     1,169        

expenses of preparing that information, and, if a new examination  1,170        

is required to be conducted, pay the expenses of conducting the    1,171        

examination described in division (C) of this section.  On         1,172        

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

section, the agency shall provide to the court written             1,173        

                                                          28     


                                                                 
acknowledgment that the agency received the information.  The      1,174        

court shall keep the acknowledgment and provide a copy to the      1,175        

agency.  On the motion of the agency, the court may terminate the  1,176        

order granting temporary or permanent custody of the child to      1,177        

that agency, if the court does not provide the information         1,178        

described in division (B) of this section.                         1,179        

      (3)  If one of the following entities is placing a child in  1,181        

a CERTIFIED foster home with the assistance of or by contracting   1,183        

with a public children services agency, private child placing      1,184        

agency, or a private noncustodial agency, the entity shall         1,185        

provide the agency with the information described in division (B)  1,186        

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

and, if a new examination is required to be conducted, pay the     1,187        

expenses of conducting the examination described in division (C)   1,188        

of this section:                                                   1,189        

      (a)  The department of youth services if the placement is    1,191        

pursuant to any section of the Revised Code including section      1,192        

2151.38, 5139.06, 5139.07, 5139.38, or 5139.39 of the Revised      1,194        

Code;                                                                           

      (b)  A juvenile court with temporary or permanent custody    1,196        

of a child pursuant to section 2151.354 or 2151.355 of the         1,197        

Revised Code;                                                                   

      (c)  A public children services agency or private child      1,199        

placing agency with temporary or permanent custody of the child.   1,200        

      The agency receiving the information described in division   1,202        

(B) of this section shall provide the entity described in          1,204        

division (D)(3)(a) to (c) of this section that sent the            1,205        

information written acknowledgment that the agency received the    1,207        

information and provided it to the foster caregivers.  The entity               

shall keep the acknowledgment and provide a copy to the agency.    1,209        

An entity that places a child in a CERTIFIED foster home with the  1,210        

assistance of or by contracting with an agency remains             1,211        

responsible to provide the information described in division (B)   1,213        

of this section to the foster caregivers unless the entity         1,214        

                                                          29     


                                                                 
receives written acknowledgment that the agency provided the       1,215        

information.                                                                    

      (E)  If a child is placed in a CERTIFIED foster home as a    1,218        

result of an emergency removal of the child from home pursuant to  1,219        

division (D) of section 2151.31 of the Revised Code, an emergency  1,221        

change in the child's case plan pursuant to division (E)(3) of     1,223        

section 2151.412 of the Revised Code, or an emergency placement    1,224        

by the department of youth services pursuant to this chapter or    1,225        

Chapter 5139. of the Revised Code, the entity that places the      1,226        

child in the CERTIFIED foster home shall provide the information   1,228        

described in division (B) of this section no later than            1,230        

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

foster home.                                                       1,231        

      (F)  On receipt of the information described in divisions    1,233        

(B) and (C) of this section, the foster caregiver shall provide    1,235        

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

home a written acknowledgment that the foster caregiver received   1,236        

the information.  The entity shall keep the acknowledgment and     1,238        

provide a copy to the foster caregiver.                            1,239        

      (G)  No person employed by an entity subject to this         1,241        

section and made responsible by that entity for the child's        1,242        

placement in a CERTIFIED foster home shall fail to provide the     1,245        

foster caregivers with the information required by divisions (B)   1,246        

and (C) of this section.                                           1,247        

      (H)  It is not a violation of any duty of confidentiality    1,250        

provided for in the Revised Code or a code of professional         1,252        

responsibility for a person or government entity to provide the    1,253        

substantial and material conclusions and recommendations of a      1,254        

psychiatric or psychological examination, or an examination to     1,255        

detect mental and emotional disorders, in accordance with          1,256        

division (B)(1)(d) or (C) of this section.                         1,258        

      Sec. 2907.08.  (A)  No person, for the purpose of sexually   1,267        

arousing or gratifying the person's self, shall commit trespass    1,269        

or otherwise surreptitiously invade the privacy of another, to     1,270        

                                                          30     


                                                                 
spy or eavesdrop upon another.                                     1,271        

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

gratifying the person's self, shall commit trespass or otherwise   1,274        

surreptitiously invade the privacy of another to photograph the    1,275        

other person in a state of nudity.                                              

      (C)  No person, for the purpose of sexually arousing or      1,277        

gratifying the person's self, shall commit trespass or otherwise   1,279        

surreptitiously invade the privacy of another to photograph the    1,280        

other person in a state of nudity if the other person is a minor.  1,281        

      (D)  No person, for the purpose of sexually arousing or      1,284        

gratifying the person's self, shall commit trespass or otherwise   1,285        

surreptitiously invade the privacy of another to photograph the                 

other person in a state of nudity if the other person is a minor   1,287        

and any of the following applies:                                  1,288        

      (1)  The offender is the minor's natural or adoptive         1,290        

parent, stepparent, guardian, or custodian, or person in loco      1,291        

parentis of the minor.                                                          

      (2)  The minor is in custody of law or is a patient in a     1,293        

hospital or other institution, and the offender has supervisory    1,294        

or disciplinary authority over the minor.                          1,295        

      (3)  The offender is a teacher, administrator, coach, or     1,297        

other person in authority employed by or serving in a school for   1,298        

which the state board of education prescribes minimum standards    1,299        

pursuant to division (D) of section 3301.07 of the Revised Code,   1,301        

the minor is enrolled in or attends that school, and the offender  1,302        

is not enrolled in and does not attend that school.                1,303        

      (4)  The offender is a teacher, administrator, coach, or     1,305        

other person in authority employed by or serving in an             1,306        

institution of higher education, and the minor is enrolled in or   1,308        

attends that institution.                                                       

      (5)  The offender is a caregiver, administrator, or other    1,310        

person in authority employed by or serving in a child day-care     1,311        

center, type A family day-care home, or type B family day-care     1,313        

home, and the minor is enrolled in or attends that center or       1,314        

                                                          31     


                                                                 
home.                                                                           

      (6)  The offender is the minor's athletic or other type of   1,316        

coach, is the minor's instructor, is the leader of a scouting      1,317        

troop of which the minor is a member, provides babysitting care    1,318        

for the minor, or is a person with temporary or occasional         1,319        

disciplinary control over the minor.                                            

      (E)(1)  Whoever violates this section is guilty of           1,321        

voyeurism.                                                         1,322        

      (2)  A violation of division (A) of this section is a        1,325        

misdemeanor of the third degree.                                                

      (3)  A violation of division (B) of this section is a        1,328        

misdemeanor of the second degree.                                               

      (4)  A violation of division (C) of this section is a        1,331        

misdemeanor of the first degree.                                                

      (5)  A violation of division (D) of this section is a        1,334        

felony of the fifth degree.                                                     

      (F)  As used in this section:                                1,336        

      (1)  "Institution of higher education" means a state         1,338        

institution of higher education as defined in section 3345.031 of  1,339        

the Revised Code, a private nonprofit college or university        1,341        

located in this state that possesses a certificate of              1,342        

authorization issued by the Ohio board of regents pursuant to      1,343        

Chapter 1713. of the Revised Code, or a school certified under     1,346        

Chapter 3332. of the Revised Code.                                 1,348        

      (2)  "Child day-care center," "type A family day-care        1,351        

home," and "type B family day-care home" have the same meanings    1,352        

as in section 5104.01 of the Revised Code.                         1,354        

      (3)  "Babysitting care" has the same meaning as in section   1,356        

2151.011 of the Revised Code MEANS CARE PROVIDED FOR A CHILD       1,358        

WHILE THE PARENTS, GUARDIAN, OR LEGAL CUSTODIAN OF THE CHILD ARE   1,359        

TEMPORARILY AWAY.                                                               

      Sec. 3313.64.  (A)  As used in this section and in section   1,368        

3313.65 of the Revised Code:                                       1,369        

      (1)  "Parent" means either parent, unless the parents are    1,371        

                                                          32     


                                                                 
separated or divorced or their marriage has been dissolved or      1,372        

annulled, in which case "parent" means the parent who is the       1,373        

residential parent and legal custodian of the child.  When a       1,374        

child is in the legal custody of a government agency or a person   1,375        

other than the child's natural or adoptive parent, "parent" means  1,376        

the parent with residual parental rights, privileges, and          1,377        

responsibilities.  When a child is in the permanent custody of a   1,378        

government agency or a person other than the child's natural or    1,379        

adoptive parent, "parent" means the parent who was divested of     1,380        

parental rights and responsibilities for the care of the child     1,381        

and the right to have the child live with the parent and be the    1,382        

legal custodian of the child and all residual parental rights,     1,384        

privileges, and responsibilities.                                  1,385        

      (2)  "Legal custody," "permanent custody," and "residual     1,387        

parental rights, privileges, and responsibilities" have the same   1,388        

meanings as in section 2151.011 of the Revised Code.               1,389        

      (3)  "School district" or "district" means a city, local,    1,391        

or exempted village school district and excludes any school        1,392        

operated in an institution maintained by the department of youth   1,393        

services.                                                          1,394        

      (4)  Except as used in division (C)(2) of this section,      1,396        

"home" means a home, institution, family foster home, group home,  1,397        

or other residential facility in this state that receives and      1,398        

cares for children, to which any of the following applies:         1,399        

      (a)  The home is licensed, certified, or approved for such   1,401        

purpose by the state or is maintained by the department of youth   1,402        

services.                                                          1,403        

      (b)  The home is operated by a person who is licensed,       1,405        

certified, or approved by the state to operate the home for such   1,406        

purpose.                                                           1,407        

      (c)  The home accepted the child through a placement by a    1,409        

person licensed, certified, or approved to place a child in such   1,410        

a home by the state.                                               1,411        

      (d)  The home is a children's home created under section     1,413        

                                                          33     


                                                                 
5153.21 or 5153.36 of the Revised Code.                            1,414        

      (5)  "Agency" means all of the following:                    1,416        

      (a)  A public children services agency;                      1,418        

      (b)  An organization that holds a certificate issued by the  1,420        

Ohio department of job and family services in accordance with the  1,422        

requirements of section 5103.03 of the Revised Code and assumes    1,423        

temporary or permanent custody of children through commitment,     1,424        

agreement, or surrender, and places children in family homes for   1,425        

the purpose of adoption;                                           1,426        

      (c)  Comparable agencies of other states or countries that   1,428        

have complied with applicable requirements of section 2151.39, or  1,429        

sections 5103.20 to 5103.28 of the Revised Code.                   1,430        

      (6)  A child is placed for adoption if either of the         1,432        

following occurs:                                                  1,433        

      (a)  An agency to which the child has been permanently       1,435        

committed or surrendered enters into an agreement with a person    1,436        

pursuant to section 5103.16 of the Revised Code for the care and   1,438        

adoption of the child.                                             1,439        

      (b)  The child's natural parent places the child pursuant    1,441        

to section 5103.16 of the Revised Code with a person who will      1,442        

care for and adopt the child.                                      1,443        

      (7)  "Handicapped preschool child" means a handicapped       1,445        

child, as defined by division (A) of section 3323.01 of the        1,446        

Revised Code, who is at least three years of age but is not of     1,447        

compulsory school age, as defined in section 3321.01 of the        1,448        

Revised Code, and who is not currently enrolled in kindergarten.   1,449        

      (8)  "Child," unless otherwise indicated, includes           1,451        

handicapped preschool children.                                    1,452        

      (B)  Except as otherwise provided in section 3321.01 of the  1,454        

Revised Code for admittance to kindergarten and first grade, a     1,455        

child who is at least five but under twenty-two years of age and   1,456        

any handicapped preschool child shall be admitted to school as     1,457        

provided in this division.                                         1,458        

      (1)  A child shall be admitted to the schools of the school  1,460        

                                                          34     


                                                                 
district in which the child's parent resides.                      1,461        

      (2)  A child who does not reside in the district where the   1,464        

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

district in which the child resides if any of the following        1,466        

applies:                                                                        

      (a)  The child is in the legal or permanent custody of a     1,468        

government agency or a person other than the child's natural or    1,470        

adoptive parent.                                                   1,471        

      (b)  The child resides in a home.                            1,473        

      (c)  The child requires special education.                   1,475        

      (3)  A child who is not entitled under division (B)(2) of    1,477        

this section to be admitted to the schools of the district where   1,478        

the child resides and who is residing with a resident of this      1,479        

state with whom the child has been placed for adoption shall be    1,481        

admitted to the schools of the district where the child resides    1,483        

unless either of the following applies:                            1,484        

      (a)  The placement for adoption has been terminated.         1,486        

      (b)  Another school district is required to admit the child  1,488        

under division (B)(1) of this section.                             1,489        

      Division (B) of this section does not prohibit the board of  1,491        

education of a school district from placing a handicapped child    1,492        

who resides in the district in a special education program         1,493        

outside of the district or its schools in compliance with Chapter  1,494        

3323. of the Revised Code.                                         1,495        

      (C)  A district shall not charge tuition for children        1,497        

admitted under division (B)(1) or (3) of this section.  If the     1,498        

district admits a child under division (B)(2) of this section,     1,499        

tuition shall be paid to the district that admits the child as     1,500        

follows:                                                           1,501        

      (1)  If the child receives special education in accordance   1,503        

with Chapter 3323. of the Revised Code, tuition shall be paid in   1,504        

accordance with section 3323.091, 3323.13, 3323.14, or 3323.141    1,505        

of the Revised Code regardless of who has custody of the child or  1,506        

whether the child resides in a home.                               1,507        

                                                          35     


                                                                 
      (2)  Except as otherwise provided in division (C)(2)(d) of   1,509        

this section, if the child is in the permanent or legal custody    1,510        

of a government agency or person other than the child's parent,    1,511        

tuition shall be paid by:                                          1,512        

      (a)  The district in which the child's parent resided at     1,514        

the time the court removed the child from home or at the time the  1,516        

court vested legal or permanent custody of the child in the                     

person or government agency, whichever occurred first; or          1,517        

      (b)  If the parent's residence at the time the court         1,519        

removed the child from home or placed the child in the legal or    1,521        

permanent custody of the person or government agency is unknown,                

tuition shall be paid by the district in which the child resided   1,522        

at the time the child was removed from home or placed in legal or  1,524        

permanent custody, whichever occurred first; or                                 

      (c)  If a school district cannot be established under        1,526        

division (C)(2)(a) or (b) of this section, tuition shall be paid   1,527        

by the district determined as required by section 2151.357 of the  1,528        

Revised Code by the court at the time it vests custody of the      1,529        

child in the person or government agency.;                         1,530        

      (d)  If at the time the court removed the child from home    1,533        

or vested legal or permanent custody of the child in the person    1,534        

or government agency, whichever occurred first, one parent was in  1,535        

a residential or correctional facility or a juvenile residential   1,536        

placement and the other parent, if living and not in such a        1,537        

facility or placement, was not known to reside in this state,      1,538        

tuition shall be paid by the district determined under division    1,539        

(D) of section 3313.65 of the Revised Code as the district         1,540        

required to pay any tuition while the parent was in such facility  1,541        

or placement.                                                                   

      (3)  If the child is not in the permanent or legal custody   1,543        

of a government agency or person other than the child's parent     1,545        

and the child resides in a home, tuition shall be paid by one of   1,546        

the following:                                                                  

      (a)  The school district in which the child's parent         1,548        

                                                          36     


                                                                 
resides;                                                           1,549        

      (b)  If the child's parent is not a resident of this state,  1,551        

the home in which the child resides.                               1,552        

      (D)  Tuition required to be paid under divisions (C)(2) and  1,554        

(3)(a) of this section shall be computed in accordance with        1,555        

section 3317.08 of the Revised Code.  Tuition required to be paid  1,556        

under division (C)(3)(b) of this section shall be computed in      1,557        

accordance with section 3317.081 of the Revised Code.  If a home   1,558        

fails to pay the tuition required by division (C)(3)(b) of this    1,559        

section, the board of education providing the education may        1,560        

recover in a civil action the tuition and the expenses incurred    1,561        

in prosecuting the action, including court costs and reasonable    1,562        

attorney's fees.  If the prosecuting attorney or city director of  1,563        

law represents the board in such action, costs and reasonable      1,564        

attorney's fees awarded by the court, based upon the prosecuting   1,565        

attorney's, director's, or one of their designee's time spent      1,567        

preparing and presenting the case, shall be deposited in the       1,568        

county or city general fund.                                       1,569        

      (E)  A board of education may enroll a child free of any     1,571        

tuition obligation for a period not to exceed sixty days, on the   1,572        

sworn statement of an adult resident of the district that the      1,573        

resident has initiated legal proceedings for custody of the        1,575        

child.                                                                          

      (F)  In the case of any individual entitled to attend        1,577        

school under this division, no tuition shall be charged by the     1,578        

school district of attendance and no other school district shall   1,579        

be required to pay tuition for the individual's attendance.        1,580        

Notwithstanding division (B), (C), or (E) of this section:         1,581        

      (1)  All persons at least eighteen but under twenty-two      1,583        

years of age who live apart from their parents, support            1,584        

themselves by their own labor, and have not successfully           1,585        

completed the high school curriculum or the individualized         1,586        

education program developed for the person by the high school      1,587        

pursuant to section 3323.08 of the Revised Code, are entitled to   1,588        

                                                          37     


                                                                 
attend school in the district in which they reside.                1,589        

      (2)  Any child under eighteen years of age who is married    1,591        

is entitled to attend school in the child's district of            1,592        

residence.                                                         1,593        

      (3)  A child is entitled to attend school in the district    1,595        

in which either of the child's parents is employed if the child    1,597        

has a medical condition that may require emergency medical         1,598        

attention.  The parent of a child entitled to attend school under  1,599        

division (F)(3) of this section shall submit to the board of       1,600        

education of the district in which the parent is employed a        1,601        

statement from the child's physician certifying that the child's   1,602        

medical condition may require emergency medical attention.  The    1,603        

statement shall be supported by such other evidence as the board   1,604        

may require.                                                                    

      (4)  Any child residing with a person other than the         1,606        

child's parent is entitled, for a period not to exceed twelve      1,608        

months, to attend school in the district in which that person      1,609        

resides if the child's parent files an affidavit with the          1,610        

superintendent of the district in which the person with whom the   1,611        

child is living resides stating all of the following:              1,612        

      (a)  That the parent is serving outside of the state in the  1,614        

armed services of the United States;                               1,615        

      (b)  That the parent intends to reside in the district upon  1,617        

returning to this state;                                           1,618        

      (c)  The name and address of the person with whom the child  1,620        

is living while the parent is outside the state.                   1,621        

      (5)  Any child under the age of twenty-two years who, after  1,623        

the death of a parent, resides in a school district other than     1,624        

the district in which the child attended school at the time of     1,625        

the parent's death is entitled to continue to attend school in     1,626        

the district in which the child attended school at the time of     1,627        

the parent's death for the remainder of the school year, subject   1,628        

to approval of that district board.                                1,629        

      (6)  A child under the age of twenty-two years who resides   1,631        

                                                          38     


                                                                 
with a parent who is having a new house built in a school          1,632        

district outside the district where the parent is residing is      1,633        

entitled to attend school for a period of time in the district     1,634        

where the new house is being built.  In order to be entitled to    1,635        

such attendance, the parent shall provide the district             1,636        

superintendent with the following:                                 1,637        

      (a)  A sworn statement explaining the situation, revealing   1,639        

the location of the house being built, and stating the parent's    1,640        

intention to reside there upon its completion;                     1,641        

      (b)  A statement from the builder confirming that a new      1,643        

house is being built for the parent and that the house is at the   1,644        

location indicated in the parent's statement.                      1,645        

      (7)  A child under the age of twenty-two years residing      1,647        

with a parent who has a contract to purchase a house in a school   1,648        

district outside the district where the parent is residing and     1,649        

who is waiting upon the date of closing of the mortgage loan for   1,650        

the purchase of such house is entitled to attend school for a      1,651        

period of time in the district where the house is being            1,652        

purchased.  In order to be entitled to such attendance, the        1,653        

parent shall provide the district superintendent with the          1,654        

following:                                                         1,655        

      (a)  A sworn statement explaining the situation, revealing   1,657        

the location of the house being purchased, and stating the         1,658        

parent's intent to reside there;                                   1,659        

      (b)  A statement from a real estate broker or bank officer   1,661        

confirming that the parent has a contract to purchase the house,   1,662        

that the parent is waiting upon the date of closing of the         1,663        

mortgage loan, and that the house is at the location indicated in  1,664        

the parent's statement.                                            1,665        

      The district superintendent shall establish a period of      1,667        

time not to exceed ninety days during which the child entitled to  1,668        

attend school under division (F)(6) or (7) of this section may     1,669        

attend without tuition obligation.  A student attending a school   1,670        

under division (F)(6) or (7) of this section shall be eligible to  1,671        

                                                          39     


                                                                 
participate in interscholastic athletics under the auspices of     1,672        

that school, provided the board of education of the school         1,673        

district where the student's parent resides, by a formal action,   1,674        

releases the student to participate in interscholastic athletics   1,675        

at the school where the student is attending, and provided the     1,676        

student receives any authorization required by a public agency or  1,677        

private organization of which the school district is a member      1,678        

exercising authority over interscholastic sports.                  1,679        

      (8)  A child whose parent is a full-time employee of a       1,681        

city, local, or exempted village school district, or of an         1,682        

educational service center, may be admitted to the schools of the  1,684        

district where the child's parent is employed, or in the case of   1,685        

a child whose parent is employed by an educational service         1,686        

center, in the district that serves the location where the         1,687        

parent's job is primarily located, provided the district board of  1,688        

education establishes such an admission policy by resolution       1,689        

adopted by a majority of its members.  Any such policy shall take  1,690        

effect on the first day of the school year and the effective date  1,691        

of any amendment or repeal may not be prior to the first day of    1,692        

the subsequent school year.  The policy shall be uniformly         1,693        

applied to all such children and shall provide for the admission   1,694        

of any such child upon request of the parent.  No child may be     1,695        

admitted under this policy after the first day of classes of any   1,696        

school year.                                                                    

      (9)  A child who is with the child's parent under the care   1,698        

of a shelter for victims of domestic violence, as defined in       1,700        

section 3113.33 of the Revised Code, is entitled to attend school  1,701        

free in the district in which the child is with the child's        1,702        

parent, and no other school district shall be required to pay      1,705        

tuition for the child's attendance in that school district.        1,707        

      The enrollment of a child in a school district under this    1,709        

division shall not be denied due to a delay in the school          1,710        

district's receipt of any records required under section 3313.672  1,711        

of the Revised Code or any other records required for enrollment.  1,712        

                                                          40     


                                                                 
Any days of attendance and any credits earned by a child while     1,713        

enrolled in a school district under this division shall be         1,714        

transferred to and accepted by any school district in which the    1,715        

child subsequently enrolls.  The state board of education shall    1,716        

adopt rules to ensure compliance with this division.               1,717        

      (10)  Any child under the age of twenty-two years whose      1,719        

parent has moved out of the school district after the              1,720        

commencement of classes in the child's senior year of high school  1,721        

is entitled, subject to the approval of that district board, to    1,722        

attend school in the district in which the child attended school   1,723        

at the time of the parental move for the remainder of the school   1,724        

year and for one additional semester or equivalent term.  A        1,726        

district board may also adopt a policy specifying extenuating      1,727        

circumstances under which a student may continue to attend school  1,728        

under division (F)(10) of this section for an additional period    1,729        

of time in order to successfully complete the high school          1,730        

curriculum for the individualized education program developed for  1,731        

the student by the high school pursuant to section 3323.08 of the  1,732        

Revised Code.                                                                   

      (11)  As used in this division, "grandparent" means a        1,734        

parent of a parent of a child.  A child under the age of           1,735        

twenty-two years who is in the custody of the child's parent,      1,737        

resides with a grandparent, and does not require special           1,738        

education is entitled to attend the schools of the district in     1,739        

which the child's grandparent resides, provided that, prior to     1,741        

such attendance in any school year, the board of education of the  1,742        

school district in which the child's grandparent resides and the   1,743        

board of education of the school district in which the child's     1,745        

parent resides enter into a written agreement specifying that      1,747        

good cause exists for such attendance, describing the nature of    1,748        

this good cause, and consenting to such attendance.                1,749        

      In lieu of a consent form signed by a parent, a board of     1,751        

education may request the grandparent of a child attending school  1,752        

in the district in which the grandparent resides pursuant to       1,753        

                                                          41     


                                                                 
division (F)(11) of this section to complete any consent form      1,754        

required by the district, including any authorization required by  1,755        

sections 3313.712, 3313.713, and 3313.716 of the Revised Code.     1,756        

Upon request, the grandparent shall complete any consent form      1,757        

required by the district.  A school district shall not incur any   1,758        

liability solely because of its receipt of a consent form from a   1,759        

grandparent in lieu of a parent.                                   1,760        

      Division (F)(11) of this section does not create, and shall  1,763        

not be construed as creating, a new cause of action or             1,764        

substantive legal right against a school district, a member of a   1,765        

board of education, or an employee of a school district.  This     1,766        

section does not affect, and shall not be construed as affecting,  1,767        

any immunities from defenses to tort liability created or          1,768        

recognized by Chapter 2744. of the Revised Code for a school       1,769        

district, member, or employee.                                                  

      (12)  A child under the age of twenty-two years is entitled  1,772        

to attend school in a school district other than the district in                

which the child is entitled to attend school under division (B),   1,774        

(C), or (E) of this section provided that, prior to such           1,776        

attendance in any school year, both of the following occur:        1,777        

      (a)  The superintendent of the district in which the child   1,779        

is entitled to attend school under division (B), (C), or (E) of    1,782        

this section contacts the superintendent of another district for                

purposes of this division;                                         1,784        

      (b)  The superintendents of both districts enter into a      1,787        

written agreement that consents to the attendance and specifies                 

that the purpose of such attendance is to protect the student's    1,789        

physical or mental well-being or to deal with other extenuating    1,790        

circumstances deemed appropriate by the superintendents.                        

      While an agreement is in effect under this division for a    1,792        

student who is not receiving special education under Chapter       1,793        

3323. of the Revised Code and notwithstanding Chapter 3327. of     1,794        

the Revised Code, the board of education of neither school         1,795        

district involved in the agreement is required to provide          1,796        

                                                          42     


                                                                 
transportation for the student to and from the school where the    1,797        

student attends.                                                                

      A student attending a school of a district pursuant to this  1,799        

division shall be allowed to participate in all student            1,800        

activities, including interscholastic athletics, at the school     1,801        

where the student is attending on the same basis as any student    1,802        

who has always attended the schools of that district while of      1,803        

compulsory school age.                                                          

      (G)  A board of education, after approving admission, may    1,805        

waive tuition for students who will temporarily reside in the      1,806        

district and who are either of the following:                      1,807        

      (1)  Residents or domiciliaries of a foreign nation who      1,809        

request admission as foreign exchange students;                    1,810        

      (2)  Residents or domiciliaries of the United States but     1,812        

not of Ohio who request admission as participants in an exchange   1,813        

program operated by a student exchange organization.               1,814        

      (H)  Pursuant to sections 3311.211, 3313.90, 3319.01,        1,816        

3323.04, 3327.04, and 3327.06 of the Revised Code, a child may     1,817        

attend school or participate in a special education program in a   1,818        

school district other than in the district where the child is      1,819        

entitled to attend school under division (B) of this section.      1,820        

      (I)  This division does not apply to a child receiving       1,822        

special education.                                                 1,823        

      A school district required to pay tuition pursuant to        1,825        

division (C)(2) or (3) of this section or section 3313.65 of the   1,826        

Revised Code shall have an amount deducted under division (F) of   1,828        

section 3317.023 of the Revised Code equal to its own tuition      1,829        

rate for the same period of attendance.  A school district         1,830        

entitled to receive tuition pursuant to division (C)(2) or (3) of  1,831        

this section or section 3313.65 of the Revised Code shall have an  1,832        

amount credited under division (F) of section 3317.023 of the      1,834        

Revised Code equal to its own tuition rate for the same period of  1,835        

attendance.  If the tuition rate credited to the district of       1,836        

attendance exceeds the rate deducted from the district required    1,837        

                                                          43     


                                                                 
to pay tuition, the department of education shall pay the          1,838        

district of attendance the difference from amounts deducted from   1,839        

all districts' payments under division (F) of section 3317.023 of  1,841        

the Revised Code but not credited to other school districts under  1,842        

such division and from appropriations made for such purpose.  The  1,843        

treasurer of each school district shall, by the fifteenth day of   1,844        

January and July, furnish the superintendent of public             1,845        

instruction a report of the names of each child who attended the   1,846        

district's schools under divisions (C)(2) and (3) of this section  1,847        

or section 3313.65 of the Revised Code during the preceding six    1,848        

calendar months, the duration of the attendance of those           1,849        

children, the school district responsible for tuition on behalf    1,850        

of the child, and any other information that the superintendent    1,851        

requires.                                                          1,852        

      Upon receipt of the report the superintendent, pursuant to   1,854        

division (F) of section 3317.023 of the Revised Code, shall        1,855        

deduct each district's tuition obligations under divisions (C)(2)  1,856        

and (3) of this section or section 3313.65 of the Revised Code     1,857        

and pay to the district of attendance that amount plus any amount  1,858        

required to be paid by the state.                                  1,859        

      (J)  In the event of a disagreement, the superintendent of   1,861        

public instruction shall determine the school district in which    1,862        

the parent resides.                                                1,863        

      (K)  Nothing in this section requires or authorizes, or      1,865        

shall be construed to require or authorize, the admission to a     1,866        

public school in this state of a pupil who has been permanently    1,867        

excluded from public school attendance by the superintendent of    1,868        

public instruction pursuant to sections 3301.121 and 3313.662 of   1,869        

the Revised Code.                                                  1,870        

      Sec. 5101.14.  (A)  Within available funds, the department   1,879        

of job and family services shall make payments to the counties     1,880        

within thirty days after the beginning of each calendar quarter    1,881        

for a part of their costs for services to children performed       1,882        

pursuant to Chapter 5153. of the Revised Code.                     1,883        

                                                          44     


                                                                 
      Funds provided to the county under this section shall be     1,885        

deposited into the children services fund created pursuant to      1,887        

section 5101.144 of the Revised Code.                                           

      (B)(1)  The funds distributed under this section shall be    1,889        

used for the following:                                            1,890        

      (a)  Home-based services to children and families;           1,892        

      (b)  Protective services to children;                        1,894        

      (c)  To find, develop, and approve adoptive homes;           1,896        

      (d)  Short-term, out-of-home care and treatment for          1,898        

children;                                                                       

      (e)  Costs for the care of a child who resides with a        1,901        

caretaker relative, other than the child's parent, and is in the   1,902        

legal custody of a public children services agency pursuant to a   1,903        

voluntary temporary custody agreement entered into under division  1,904        

(A) of section 5103.15 of the Revised Code or in the legal         1,906        

custody of a public children services agency or the caretaker      1,907        

relative pursuant to an allegation or adjudication of abuse,       1,908        

neglect, or dependency made under Chapter 2151. of the Revised     1,910        

Code;                                                              1,911        

      (f)  Other services a public children services agency        1,914        

considers necessary to protect children from abuse, neglect, or    1,915        

dependency.                                                                     

      (2)  No funds distributed under this section shall be used   1,918        

for the costs of maintaining a child in a children's home owned    1,919        

and operated by the county.                                        1,920        

      (C)  In each fiscal year, the amount of funds available for  1,922        

distribution under this section shall be allocated to counties as  1,924        

follows:                                                                        

      (1)  If the amount is less than the amount initially         1,926        

appropriated for the immediately preceding fiscal year, each       1,927        

county shall receive an amount equal to the percentage of the      1,928        

funding it received in the immediately preceding fiscal year,      1,929        

exclusive of any releases from or additions to the allocation or   1,930        

any sanctions imposed under this section;                          1,931        

                                                          45     


                                                                 
      (2)  If the amount is equal to the amount initially          1,933        

appropriated for the immediately preceding fiscal year, each       1,934        

county shall receive an amount equal to the amount it received in  1,936        

the preceding fiscal year, exclusive of any releases from or                    

additions to the allocation or any sanctions imposed under this    1,937        

section;                                                           1,938        

      (3)  If the amount is greater than the amount initially      1,940        

appropriated for the immediately preceding fiscal year, each       1,941        

county shall receive the amount determined under division (C)(2)   1,943        

of this section as a base allocation, plus a percentage of the     1,944        

amount that exceeds the amount initially appropriated for the      1,945        

immediately preceding fiscal year.  The amount exceeding the       1,946        

amount initially appropriated in the immediately preceding fiscal  1,947        

year shall be allocated to the counties as follows:                1,948        

      (a)  Twelve per cent divided equally among all counties;     1,950        

      (b)  Forty-eight per cent in the ratio that the number of    1,952        

residents of the county under the age of eighteen bears to the     1,954        

total number of such persons residing in this state;               1,955        

      (c)  Forty per cent in the ratio that the number of          1,957        

residents of the county with incomes under the federal poverty     1,958        

guideline bears to the total number of such persons in this        1,960        

state.                                                                          

      As used in division (C)(3)(c) of this section, "federal      1,963        

poverty guideline" means the poverty guideline as defined by the   1,965        

United States office of management and budget and revised by the   1,966        

United States secretary of health and human services in            1,967        

accordance with section 673 of the "Community Services Block       1,968        

Grant Act," 95 Stat. 511 (1981), 42 U.S.C.A. 9902, as amended.     1,969        

      (D)  The director of job and family services may adopt       1,972        

rules as necessary for the allocation of funds under this          1,973        

section.  The rules shall be adopted in accordance with section    1,974        

111.15 of the Revised Code.                                        1,975        

      (E)(1)  As used in this division, "services to children"     1,977        

includes only children's protective services, home-based services  1,978        

                                                          46     


                                                                 
to children and families, family foster home services,             1,979        

residential treatment services, adoptive services, and             1,980        

independent living services.                                       1,981        

      (2)  Except as otherwise provided in this section, the       1,983        

allocation of funds for a fiscal year to a county under this       1,984        

section shall be reduced by the department if in the preceding     1,985        

calendar year the total amount expended for services to children   1,986        

from local funds and funds distributed to the county under         1,987        

section 5101.46 of the Revised Code was less than the total        1,988        

expended from those sources in the second preceding calendar       1,989        

year.  The reduction shall be equal to the difference between the  1,990        

total expended in the preceding calendar year and the total        1,991        

expended in the second preceding calendar year.                    1,992        

      The determination of whether the amount expended for         1,994        

services to children was less in the preceding calendar year than  1,995        

in the second preceding calendar year shall not include a          1,996        

difference due to any of the following factors to the extent that  1,997        

the difference does not exceed the amount attributable to that     1,998        

factor:                                                            1,999        

      (a)  An across-the-board reduction in the county budget as   2,001        

a whole;                                                           2,002        

      (b)  A reduced or failed levy specifically earmarked for     2,004        

children services;                                                 2,005        

      (c)  A reduced allocation of funds to the county under       2,007        

section 5101.24 of the Revised Code;                               2,008        

      (d)  The closure of, or a reduction in the operating         2,010        

capacity of, a children's home owned and operated by the county.   2,011        

      (3)  Funds withheld under this division may be reallocated   2,013        

by the department to other counties.  The department may grant     2,014        

whole or partial waivers of the provisions of this division.       2,015        

      (F)  Children who are in the temporary or permanent custody  2,017        

of a certified public or private nonprofit agency or institution,  2,018        

or who are in adoptions subsidized under division (B) of section   2,019        

5153.163 of the Revised Code are eligible for medical assistance   2,020        

                                                          47     


                                                                 
through the medical assistance program established under section   2,021        

5111.01 of the Revised Code.                                       2,022        

      (G)  Within ninety days after the end of each fiscal year,   2,024        

each county shall return any unspent funds to the department.      2,025        

      (H)  The department shall prepare an annual report           2,027        

detailing on a county-by-county basis the services provided with   2,028        

funds distributed under this section.  The report shall be         2,029        

submitted to the general assembly by the thirtieth day of          2,030        

September each year and also shall be made available to the        2,031        

public.                                                            2,032        

      (I)  In accordance with Chapter 119. of the Revised Code,    2,034        

the director shall adopt, and may amend and rescind, rules         2,035        

prescribing reports on expenditures to be submitted by the         2,036        

counties as necessary for the implementation of this section.      2,037        

      Sec. 5101.141.  (A)  The department of job and family        2,046        

services shall act as the single state agency to administer        2,047        

federal payments for foster care and adoption assistance made      2,048        

pursuant to Title IV-E of the "Social Security Act," 94 Stat.      2,049        

501, 42 U.S.C.A. 670 (1980), as amended.  The director of job and  2,051        

family services shall adopt rules to implement this authority.                  

Internal management rules governing financial and administrative   2,053        

requirements applicable to public children services agencies       2,054        

shall be adopted in accordance with section 111.15 of the Revised  2,055        

Code.  Rules establishing eligibility, program participation, and  2,057        

other requirements shall be adopted in accordance with Chapter     2,058        

119. of the Revised Code.  A public children services agency to    2,059        

which the department distributes Title IV-E funds shall            2,060        

administer the funds in accordance with those rules.               2,062        

      (B)(1)  The county, on behalf of each child eligible for     2,065        

foster care maintenance payments under Title IV-E of the "Social   2,066        

Security Act," shall make payments to cover the cost of providing  2,067        

all of the following:                                                           

      (a)  The child's food, clothing, shelter, daily              2,069        

supervision, and school supplies;                                  2,070        

                                                          48     


                                                                 
      (b)  The child's personal incidentals;                       2,072        

      (c)  Reasonable travel to the child's home for visitation.   2,074        

      (2)  In addition to payments made under division (B)(1) of   2,076        

this section, the county may, on behalf of each child eligible     2,077        

for foster care maintenance payments under Title IV-E of the       2,081        

"Social Security Act," make payments to cover the cost of          2,084        

providing the following:                                                        

      (a)  Liability insurance with respect to the child;          2,087        

      (b)  If the county is participating in the demonstration     2,090        

project established under division (A) of section 5101.142 of the  2,091        

Revised Code, services provided under the project.                 2,092        

      (3)  With respect to a child who is in a child-care          2,094        

institution, including any type of group home designed for the     2,095        

care of children or any privately operated program consisting of   2,096        

two or more family CERTIFIED foster homes operated by a common     2,097        

administrative unit, the foster care maintenance payments made by  2,098        

the county on behalf of the child shall include the reasonable     2,099        

cost of the administration and operation of the institution,       2,100        

group home, or program, as necessary to provide the items          2,101        

described in division DIVISIONS (B)(1) and (2) of this section.    2,102        

      (C)  To the extent that either foster care maintenance       2,104        

payments under division (B) of this section or Title IV-E          2,105        

adoption assistance payments for maintenance costs require the     2,106        

expenditure of county funds, the board of county commissioners     2,107        

shall report the nature and amount of each expenditure of county   2,108        

funds to the department.                                           2,109        

      (D)  The department shall distribute to public children      2,112        

services agencies that incur and report such expenditures federal  2,113        

financial participation received for administrative and training   2,114        

costs incurred in the operation of foster care maintenance and     2,115        

adoption assistance programs.  The department may withhold not     2,116        

more than two per cent of the federal financial participation      2,117        

received.  The funds withheld shall be in addition to any          2,118        

administration and training cost for which the department is       2,119        

                                                          49     


                                                                 
reimbursed through its own cost allocation plan.                   2,120        

      (E)  All federal funds received by a county pursuant to      2,122        

this section shall be deposited into the county's children         2,123        

services fund created pursuant to section 5101.144 of the Revised  2,125        

Code.                                                                           

      (F)  The department shall periodically publish and           2,128        

distribute the maximum amounts that the department will reimburse  2,129        

public children services agencies for making payments on behalf    2,130        

of children eligible for foster care maintenance payments.                      

      (G)  The department, by and through its director, is hereby  2,132        

authorized to develop, participate in the development of,          2,133        

negotiate, and enter into one or more interstate compacts on       2,134        

behalf of this state with agencies of any other states, for the    2,135        

provision of medical assistance and other social services to       2,136        

children in relation to whom all of the following apply:                        

      (1)  They have special needs.                                2,138        

      (2)  This state or another state that is a party to the      2,140        

interstate compact is providing adoption assistance on their       2,141        

behalf.                                                                         

      (3)  They move into this state from another state or move    2,143        

out of this state to another state.                                2,144        

      Sec. 5103.02.  As used in sections 5103.03 to 5103.17 of     2,153        

the Revised Code:                                                  2,154        

      (A)  "Institution ASSOCIATION" or "association INSTITUTION"  2,157        

includes any incorporated or unincorporated organization,          2,158        

society, association, or agency, public or private, that receives  2,159        

or cares for children for two or more consecutive weeks; any       2,161        

individual who, for hire, gain, or reward, receives or cares for   2,162        

children for two or more consecutive weeks, unless the individual               

is related to them by blood or marriage; and any individual not    2,163        

in the regular employ of a court, or of an institution or          2,165        

association certified in accordance with section 5103.03 of the    2,166        

Revised Code, who in any manner becomes a party to the placing of  2,167        

children in foster homes, unless the individual is related to      2,168        

                                                          50     


                                                                 
such children by blood or marriage, or is the appointed guardian                

of such children; provided, that any organization, society,        2,169        

association, school, agency, child guidance center, detention or   2,170        

rehabilitation facility, or children's clinic licensed,            2,171        

regulated, approved, operated under the direction of, or           2,172        

otherwise certified by the department of education, a local board  2,173        

of education, the department of youth services, the department of  2,174        

mental health, or the department of mental retardation and         2,175        

developmental disabilities, or any individual who provides care    2,176        

for only a single-family group, placed there by their parents or   2,177        

other relative having custody, shall not be considered as being    2,178        

within the purview of these sections.                              2,179        

      (B)  "Family foster home" has the same meaning as in         2,182        

section 2151.011 of the Revised Code MEANS A FOSTER HOME THAT IS   2,183        

NOT A SPECIALIZED FOSTER HOME.                                     2,184        

      (C)  "FOSTER HOME" MEANS A PRIVATE RESIDENCE IN WHICH        2,186        

CHILDREN ARE RECEIVED APART FROM THEIR PARENTS, GUARDIAN, OR       2,187        

LEGAL CUSTODIAN, BY AN INDIVIDUAL REIMBURSED FOR PROVIDING THE     2,188        

CHILDREN NONSECURE CARE, SUPERVISION, OR TRAINING TWENTY-FOUR      2,189        

HOURS A DAY.  "FOSTER HOME" DOES NOT INCLUDE CARE PROVIDED FOR A   2,190        

CHILD IN THE HOME OF A PERSON OTHER THAN THE CHILD'S PARENT,                    

GUARDIAN, OR LEGAL CUSTODIAN WHILE THE PARENT, GUARDIAN, OR LEGAL  2,191        

CUSTODIAN IS TEMPORARILY AWAY.  FAMILY FOSTER HOMES AND            2,192        

SPECIALIZED FOSTER HOMES ARE TYPES OF FOSTER HOMES.                2,194        

      (D)  "MEDICALLY FRAGILE FOSTER HOME" MEANS A FOSTER HOME     2,198        

THAT PROVIDES SPECIALIZED MEDICAL SERVICES DESIGNED TO MEET THE    2,199        

NEEDS OF CHILDREN WITH INTENSIVE HEALTH CARE NEEDS WHO MEET ALL    2,200        

OF THE FOLLOWING CRITERIA:                                         2,201        

      (1)  UNDER RULES ADOPTED BY THE DEPARTMENT OF JOB AND        2,203        

FAMILY SERVICES GOVERNING PAYMENT UNDER CHAPTER 5111. OF THE       2,205        

REVISED CODE FOR LONG-TERM CARE SERVICES, THE CHILDREN REQUIRE A   2,206        

SKILLED LEVEL OF CARE.                                                          

      (2)  THE CHILDREN REQUIRE THE SERVICES OF A DOCTOR OF        2,208        

MEDICINE OR OSTEOPATHIC MEDICINE AT LEAST ONCE A WEEK DUE TO THE   2,210        

                                                          51     


                                                                 
INSTABILITY OF THEIR MEDICAL CONDITIONS.                                        

      (3)  THE CHILDREN REQUIRE THE SERVICES OF A REGISTERED       2,212        

NURSE ON A DAILY BASIS.                                            2,213        

      (4)  THE CHILDREN ARE AT RISK OF INSTITUTIONALIZATION IN A   2,215        

HOSPITAL, SKILLED NURSING FACILITY, OR INTERMEDIATE CARE FACILITY  2,216        

FOR THE MENTALLY RETARDED.                                         2,217        

      (E)  "RECOMMENDING AGENCY" MEANS A PUBLIC CHILDREN SERVICES  2,219        

AGENCY, PRIVATE CHILD PLACING AGENCY, OR PRIVATE NONCUSTODIAL      2,220        

AGENCY THAT RECOMMENDS THAT THE DEPARTMENT OF JOB AND FAMILY       2,221        

SERVICES TAKE ANY OF THE FOLLOWING ACTIONS UNDER SECTION 5103.03   2,223        

OF THE REVISED CODE REGARDING A FOSTER HOME:                                    

      (1)  ISSUE A CERTIFICATE;                                    2,225        

      (2)  DENY A CERTIFICATE;                                     2,227        

      (3)  RENEW A CERTIFICATE;                                    2,229        

      (4)  DENY RENEWAL OF A CERTIFICATE;                          2,231        

      (5)  REVOKE A CERTIFICATE.                                   2,233        

      (F)  "SPECIALIZED FOSTER HOME" MEANS A MEDICALLY FRAGILE     2,235        

FOSTER HOME OR A TREATMENT FOSTER HOME.                            2,236        

      (G)  "Treatment foster home" means a family foster home      2,238        

that incorporates special psychological or medical treatment       2,239        

REHABILITATIVE SERVICES designed to care for TREAT the specific    2,241        

needs of the children received in the family foster home and that  2,242        

receives and cares for children who are emotionally or             2,243        

behaviorally disturbed, medically fragile requiring special        2,244        

medical treatment due to physical ailment or condition CHEMICALLY  2,246        

DEPENDENT, mentally retarded, or developmentally disabled, OR WHO  2,248        

OTHERWISE HAVE EXCEPTIONAL NEEDS.                                               

      Sec. 5103.03.  The director of job and family services       2,258        

shall adopt rules as necessary for the adequate and competent      2,260        

management of institutions or associations.  Except for                         

facilities under the control of the department of youth services,  2,262        

places of detention for children established and maintained                     

pursuant to sections 2151.34 to 2151.3415 of the Revised Code,     2,263        

and child day-care centers subject to Chapter 5104. of the         2,264        

                                                          52     


                                                                 
Revised Code, the department of job and family services every two  2,265        

years shall pass upon the fitness of every institution and         2,267        

association that receives, or desires to receive and care for                   

children, or places children in private homes.                     2,268        

      When the department of job and family services is satisfied  2,270        

as to the care given such children, and that the requirements of   2,271        

the statutes and rules covering the management of such             2,272        

institutions and associations are being complied with, it shall    2,273        

issue to the institution or association a certificate to that      2,274        

effect.  A certificate is valid for two years, unless sooner       2,275        

revoked by the department.  When determining whether an            2,276        

institution or association meets a particular requirement for      2,277        

certification, the department may consider the institution or      2,278        

association to have met the requirement if the institution or      2,279        

association shows to the department's satisfaction that it has     2,280        

met a comparable requirement to be accredited by a nationally      2,281        

recognized accreditation organization.                             2,282        

      The department may issue a temporary certificate valid for   2,284        

less than one year authorizing an institution or association to    2,285        

operate until minimum requirements have been met.                  2,286        

      The department may revoke a certificate if it finds that     2,288        

the institution or association is in violation of law or rule.     2,290        

No juvenile court shall commit a child to an association or                     

institution that is required to be certified under this section    2,292        

if its certificate has been revoked or, if after revocation, the   2,293        

date of reissue is less than fifteen months prior to the proposed  2,295        

commitment.                                                                     

      Every two years, on a date specified by the department,      2,297        

each institution or association desiring certification or          2,298        

recertification shall submit to the department a report showing    2,299        

its condition, management, competency to care adequately for the   2,300        

children who have been or may be committed to it or to whom it     2,301        

provides care or services, the system of visitation it employs     2,302        

for children placed in private homes, and other information the    2,303        

                                                          53     


                                                                 
department requires.                                               2,304        

      The department shall, not less than once each year, send a   2,306        

list of certified institutions and associations to each juvenile   2,308        

court and certified association or institution.                    2,309        

      No person shall receive children or receive or solicit       2,311        

money on behalf of such an institution or association not so       2,313        

certified or whose certificate has been revoked.                   2,314        

      The director may delegate by rule any duties imposed on it   2,317        

by this section to inspect and approve family foster homes and     2,318        

treatment SPECIALIZED foster homes to public children services     2,320        

agencies, private child placing agencies, or private noncustodial  2,321        

agencies.                                                                       

      Sec. 5103.031.  (A)  EXCEPT AS PROVIDED IN SECTION 5103.033  2,323        

OF THE REVISED CODE, THE DEPARTMENT OF JOB AND FAMILY SERVICES     2,324        

MAY NOT ISSUE A CERTIFICATE UNDER SECTION 5103.03 OF THE REVISED   2,325        

CODE TO A FOSTER HOME UNLESS THE FOSTER CAREGIVER SUCCESSFULLY     2,327        

COMPLETES THE FOLLOWING AMOUNT OF PREPLACEMENT TRAINING THROUGH A  2,328        

PREPLACEMENT TRAINING PROGRAM OPERATED UNDER SECTION 5103.034 OF   2,329        

THE REVISED CODE:                                                  2,330        

      (1)  IF THE FOSTER HOME IS A FAMILY FOSTER HOME, AT LEAST    2,332        

TWELVE HOURS;                                                      2,333        

      (2)  IF THE FOSTER HOME IS A SPECIALIZED FOSTER HOME, AT     2,335        

LEAST THIRTY-SIX HOURS.                                            2,336        

      (B)  NO CHILD MAY BE PLACED IN A FAMILY FOSTER HOME UNLESS   2,338        

THE FOSTER CAREGIVER COMPLETES AT LEAST TWELVE ADDITIONAL HOURS    2,339        

OF PREPLACEMENT TRAINING THROUGH A PREPLACEMENT TRAINING PROGRAM   2,341        

OPERATED UNDER SECTION 5103.034 OF THE REVISED CODE.               2,342        

      Sec. 5103.032.  (A)  EXCEPT AS PROVIDED IN DIVISIONS (B)     2,344        

AND (C) OF THIS SECTION AND IN SECTION 5103.033 OF THE REVISED     2,345        

CODE, THE DEPARTMENT OF JOB AND FAMILY SERVICES MAY NOT RENEW A    2,346        

FOSTER HOME CERTIFICATE UNDER SECTION 5103.03 OF THE REVISED CODE  2,348        

UNLESS THE FOSTER CAREGIVER SUCCESSFULLY COMPLETES THE FOLLOWING   2,349        

AMOUNT OF CONTINUING TRAINING IN ACCORDANCE WITH THE FOSTER        2,350        

CAREGIVER'S NEEDS ASSESSMENT AND CONTINUING TRAINING PLAN          2,351        

                                                          54     


                                                                 
DEVELOPED AND IMPLEMENTED UNDER SECTION 5103.035 OF THE REVISED    2,352        

CODE:                                                                           

      (1)  IF THE FOSTER HOME IS A FAMILY FOSTER HOME, AT LEAST    2,354        

TWENTY HOURS EACH YEAR;                                            2,355        

      (2)  IF THE FOSTER HOME IS A SPECIALIZED FOSTER HOME, AT     2,357        

LEAST THIRTY HOURS EACH YEAR.                                      2,358        

      (B)  A PUBLIC CHILDREN SERVICES AGENCY, PRIVATE CHILD        2,360        

PLACING AGENCY, OR PRIVATE NONCUSTODIAL AGENCY ACTING AS A         2,361        

RECOMMENDING AGENCY FOR A FOSTER CAREGIVER HOLDING A CERTIFICATE   2,362        

ISSUED UNDER SECTION 5103.03 OF THE REVISED CODE FOR A FAMILY      2,363        

FOSTER HOME MAY WAIVE UP TO FOUR HOURS OF CONTINUING TRAINING THE  2,365        

FOSTER CAREGIVER IS OTHERWISE REQUIRED BY DIVISION (A) OF THIS     2,366        

SECTION TO COMPLETE IN A YEAR IF ALL OF THE FOLLOWING APPLY:       2,367        

      (1)  THE FOSTER CAREGIVER HAS PROVIDED FOSTER CARE FOR AT    2,369        

LEAST TWO YEARS;                                                                

      (2)  THE FOSTER CAREGIVER HAS PROVIDED FOSTER CARE FOR AT    2,371        

LEAST NINETY DAYS OF THE TWELVE MONTHS PRECEDING THE DATE THE      2,372        

AGENCY ISSUES THE WAIVER;                                          2,373        

      (3)  THE FOSTER CAREGIVER HAS NOT VIOLATED ANY REQUIREMENTS  2,375        

GOVERNING CERTIFICATION OF FOSTER HOMES DURING THE TWELVE MONTHS   2,376        

PRECEDING THE DATE THE AGENCY ISSUES THE WAIVER;                   2,377        

      (4)  THE FOSTER CAREGIVER HAS COMPLIED IN FULL WITH THE      2,379        

NEEDS ASSESSMENT AND CONTINUING TRAINING PLAN DEVELOPED FOR THE    2,380        

FOSTER CAREGIVER UNDER SECTION 5103.035 OF THE REVISED CODE.       2,381        

      (C)  EACH RECOMMENDING AGENCY SHALL ESTABLISH AND IMPLEMENT  2,383        

A POLICY REGARDING GOOD CAUSE FOR A FOSTER CAREGIVER'S FAILURE TO  2,384        

COMPLETE THE CONTINUING TRAINING IN ACCORDANCE WITH DIVISION (A)   2,386        

OF THIS SECTION.  IF THE FOSTER CAREGIVER COMPLIES WITH THE        2,387        

POLICY, AS DETERMINED BY THE AGENCY, THE DEPARTMENT MAY RENEW THE  2,388        

FOSTER CAREGIVER'S FOSTER HOME CERTIFICATE.  THE AGENCY SHALL      2,389        

SUBMIT THE POLICY TO THE DEPARTMENT AND PROVIDE A COPY TO EACH     2,390        

FOSTER HOME THE AGENCY RECOMMENDS FOR CERTIFICATION OR RENEWAL.    2,391        

THE POLICY SHALL INCLUDE THE FOLLOWING:                                         

      (1)  WHAT CONSTITUTES GOOD CAUSE, INCLUDING DOCUMENTED       2,393        

                                                          55     


                                                                 
ILLNESS, CRITICAL EMERGENCIES, AND LACK OF ACCESSIBLE TRAINING     2,394        

PROGRAMS;                                                                       

      (2)  PROCEDURES FOR DEVELOPING A SCHEDULED CORRECTIVE        2,396        

ACTION PLAN THAT PROVIDES FOR PROMPT COMPLETION OF THE CONTINUING  2,397        

TRAINING;                                                                       

      (3)  PROCEDURES FOR RECOMMENDING REVOCATION OF THE FOSTER    2,399        

HOME CERTIFICATE IF THE FOSTER CAREGIVER FAILS TO COMPLY WITH THE  2,400        

CORRECTIVE ACTION PLAN.                                            2,401        

      Sec. 5103.033.  THE DEPARTMENT OF JOB AND FAMILY SERVICES    2,404        

MAY ISSUE OR RENEW A CERTIFICATE UNDER SECTION 5103.03 OF THE      2,405        

REVISED CODE TO A FOSTER HOME FOR THE CARE OF A CHILD WHO IS IN    2,407        

THE CUSTODY OF A PUBLIC CHILDREN SERVICES AGENCY OR PRIVATE CHILD  2,408        

PLACING AGENCY PURSUANT TO AN AGREEMENT ENTERED INTO UNDER         2,409        

SECTION 5103.15 OF THE REVISED CODE REGARDING A CHILD WHO WAS      2,410        

LESS THAN SIX MONTHS OF AGE ON THE DATE THE AGREEMENT WAS          2,411        

EXECUTED IF THE FOSTER CAREGIVER SUCCESSFULLY COMPLETES THE        2,413        

FOLLOWING AMOUNT OF TRAINING:                                                   

      (A)  FOR AN INITIAL CERTIFICATE, AT LEAST TWELVE HOURS OF    2,415        

PREPLACEMENT TRAINING THROUGH A PREPLACEMENT TRAINING PROGRAM      2,416        

OPERATED UNDER SECTION 5103.034 OF THE REVISED CODE;               2,417        

      (B)  FOR RENEWAL OF A CERTIFICATE, AT LEAST TWELVE HOURS     2,419        

EACH YEAR OF CONTINUING TRAINING IN ACCORDANCE WITH THE FOSTER     2,421        

CAREGIVER'S NEEDS ASSESSMENT AND CONTINUING TRAINING PLAN          2,422        

DEVELOPED AND IMPLEMENTED UNDER SECTION 5103.034 OF THE REVISED    2,423        

CODE.                                                                           

      Sec. 5103.034.  A PUBLIC CHILDREN SERVICES AGENCY, PRIVATE   2,425        

CHILD PLACING AGENCY, OR PRIVATE NONCUSTODIAL AGENCY OPERATING A   2,427        

PREPLACEMENT TRAINING PROGRAM OR CONTINUING TRAINING PROGRAM       2,428        

APPROVED BY THE DEPARTMENT OF JOB AND FAMILY SERVICES UNDER        2,430        

SECTION 5103.038 OF THE REVISED CODE SHALL MAKE THE PROGRAM        2,431        

AVAILABLE TO FOSTER CAREGIVERS.  THE AGENCY SHALL MAKE THE         2,433        

PROGRAMS AVAILABLE WITHOUT REGARD TO THE TYPE OF RECOMMENDING      2,434        

AGENCY FROM WHICH A FOSTER CAREGIVER SEEKS A RECOMMENDATION AND    2,435        

WITHOUT CHARGE TO THE FOSTER CAREGIVER.                                         

                                                          56     


                                                                 
      Sec. 5103.035.  A PUBLIC CHILDREN SERVICES AGENCY, PRIVATE   2,437        

CHILD PLACING AGENCY, OR PRIVATE NONCUSTODIAL AGENCY ACTING AS A   2,439        

RECOMMENDING AGENCY FOR A FOSTER CAREGIVER HOLDING A CERTIFICATE   2,440        

ISSUED UNDER SECTION 5103.03 OF THE REVISED CODE SHALL DEVELOP     2,441        

AND IMPLEMENT A WRITTEN NEEDS ASSESSMENT AND CONTINUING TRAINING   2,443        

PLAN FOR THE FOSTER CAREGIVER.  EACH NEEDS ASSESSMENT AND          2,444        

CONTINUING TRAINING PLAN SHALL SATISFY ALL OF THE FOLLOWING        2,445        

REQUIREMENTS:                                                                   

      (A)  BE EFFECTIVE FOR THE TWO-YEAR PERIOD THE FOSTER         2,447        

CAREGIVER'S CERTIFICATE IS IN EFFECT;                              2,448        

      (B)  BE APPROPRIATE FOR THE TYPE OF FOSTER HOME THE FOSTER   2,450        

CAREGIVER OPERATES;                                                2,451        

      (C)  REQUIRE THE FOSTER CAREGIVER TO SUCCESSFULLY COMPLETE   2,453        

THE COURSES EACH CONTINUING TRAINING PROGRAM MUST PROVIDE AS       2,454        

SPECIFIED IN SECTION 5103.0310 OR 5103.0311 OF THE REVISED CODE,   2,455        

AS APPROPRIATE, AND ANY OTHER COURSES THE AGENCY CONSIDERS         2,457        

APPROPRIATE;                                                                    

      (D)  INCLUDE CRITERIA THE AGENCY IS TO USE TO DETERMINE      2,459        

WHETHER THE FOSTER CAREGIVER HAS SUCCESSFULLY COMPLETED THE        2,460        

COURSES;                                                                        

      (E)  GUARANTEE THAT THE COURSES THE FOSTER CAREGIVER IS      2,462        

REQUIRED TO COMPLETE ARE AVAILABLE TO THE FOSTER CAREGIVER AT      2,463        

REASONABLE TIMES AND PLACES;                                       2,464        

      (F)  SPECIFY WHETHER THE AGENCY WILL WAIVE ANY OF THE HOURS  2,466        

OF CONTINUING TRAINING THE FOSTER CAREGIVER IS REQUIRED BY         2,467        

SECTION 5103.032 OF THE REVISED CODE TO COMPLETE ANNUALLY IF THE   2,468        

FOSTER CAREGIVER SATISFIES THE CONDITIONS FOR THE AGENCY TO ISSUE  2,469        

A WAIVER.  IF THE AGENCY WILL ISSUE A WAIVER, THE AGENCY SHALL     2,470        

STATE IN THE NEEDS ASSESSMENT AND CONTINUING TRAINING PLAN THE     2,471        

NUMBER OF HOURS OF CONTINUING TRAINING, NOT TO EXCEED FOUR, THAT   2,472        

THE AGENCY WILL WAIVE.                                             2,473        

      Sec. 5103.036.  FOR THE PURPOSE OF DETERMINING WHETHER A     2,475        

FOSTER CAREGIVER HAS SATISFIED THE REQUIREMENT OF SECTION          2,476        

5103.031 OR 5103.032 OF THE REVISED CODE, A RECOMMENDING AGENCY    2,477        

                                                          57     


                                                                 
SHALL ACCEPT TRAINING OBTAINED PURSUANT TO A PREPLACEMENT          2,479        

TRAINING PROGRAM OR CONTINUING TRAINING PROGRAM OPERATED UNDER     2,481        

SECTION 5103.034 OF THE REVISED CODE REGARDLESS OF WHETHER THE     2,482        

AGENCY OPERATED THE PREPLACEMENT TRAINING PROGRAM OR CONTINUING    2,483        

TRAINING PROGRAM.  THE AGENCY MAY REQUIRE THAT THE FOSTER          2,484        

CAREGIVER SUCCESSFULLY COMPLETE ADDITIONAL TRAINING AS A           2,485        

CONDITION OF THE AGENCY RECOMMENDING THAT THE DEPARTMENT OF JOB    2,486        

AND FAMILY SERVICES CERTIFY OR RECERTIFY THE FOSTER CAREGIVER'S    2,487        

FOSTER HOME UNDER SECTION 5103.03 OF THE REVISED CODE.             2,488        

      Sec. 5103.037.  THE DEPARTMENT OF JOB AND FAMILY SERVICES,   2,490        

IN CONSULTATION WITH THE DEPARTMENTS OF YOUTH SERVICES, MENTAL     2,491        

HEALTH, EDUCATION, MENTAL RETARDATION AND DEVELOPMENTAL            2,492        

DISABILITIES, AND ALCOHOL AND DRUG ADDICTION SERVICES, SHALL       2,494        

DEVELOP A MODEL DESIGN OF A PREPLACEMENT TRAINING PROGRAM FOR      2,495        

FOSTER CAREGIVERS SEEKING AN INITIAL CERTIFICATE UNDER SECTION     2,496        

5103.03 OF THE REVISED CODE AND A MODEL DESIGN OF A CONTINUING     2,498        

TRAINING PROGRAM FOR FOSTER CAREGIVERS SEEKING RENEWAL OF A        2,499        

CERTIFICATE UNDER THAT SECTION.  THE MODEL DESIGN OF A             2,500        

PREPLACEMENT TRAINING PROGRAM SHALL COMPLY WITH SECTION 5103.039   2,501        

OF THE REVISED CODE.  THE MODEL DESIGN OF A CONTINUING TRAINING    2,502        

PROGRAM SHALL COMPLY WITH SECTION 5103.0310 OF THE REVISED CODE.   2,503        

THE DEPARTMENT OF JOB AND FAMILY SERVICES SHALL MAKE THE MODEL     2,504        

DESIGNS AVAILABLE TO PUBLIC CHILDREN SERVICES AGENCIES, PRIVATE    2,505        

CHILD PLACING AGENCIES, AND PRIVATE NONCUSTODIAL AGENCIES.         2,506        

      Sec. 5103.038.  (A)  EVERY OTHER YEAR BY A DATE SPECIFIED    2,508        

IN RULES ADOPTED UNDER SECTION 5103.0316 OF THE REVISED CODE,      2,510        

EACH PUBLIC CHILDREN SERVICES AGENCY, PRIVATE CHILD PLACING        2,511        

AGENCY, AND PRIVATE NONCUSTODIAL AGENCY THAT SEEKS TO OPERATE A    2,512        

PREPLACEMENT TRAINING PROGRAM OR CONTINUING TRAINING PROGRAM       2,513        

UNDER SECTION 5103.034 OF THE REVISED CODE SHALL SUBMIT TO THE     2,514        

DEPARTMENT OF JOB AND FAMILY SERVICES A PROPOSAL OUTLINING THE     2,515        

PROGRAM.  THE PROPOSAL MAY BE THE SAME AS, A MODIFICATION OF, OR   2,518        

DIFFERENT FROM, A MODEL DESIGN DEVELOPED UNDER SECTION 5103.037    2,519        

OF THE REVISED CODE.  THE PROPOSAL SHALL INCLUDE A BUDGET FOR THE  2,521        

                                                          58     


                                                                 
PROGRAM REGARDING THE COST ASSOCIATED WITH TRAINERS, OBTAINING     2,522        

SITES AT WHICH THE TRAINING IS PROVIDED, AND THE ADMINISTRATION    2,523        

OF THE TRAINING.  THE BUDGET SHALL BE CONSISTENT WITH RULES        2,524        

ADOPTED UNDER SECTION 5103.0316 OF THE REVISED CODE GOVERNING THE  2,525        

DEPARTMENT OF JOB AND FAMILY SERVICES' REIMBURSEMENT OF PUBLIC                  

CHILDREN SERVICES AGENCIES, PRIVATE CHILD PLACING AGENCIES, AND    2,527        

PRIVATE NONCUSTODIAL AGENCIES UNDER SECTION 5103.0313 OF THE       2,528        

REVISED CODE.                                                                   

      (B)  NOT LATER THAN THIRTY DAYS AFTER RECEIVING A PROPOSAL   2,531        

UNDER DIVISION (A) OF THIS SECTION, THE DEPARTMENT SHALL EITHER    2,532        

APPROVE OR DISAPPROVE THE PROPOSED PROGRAM.  THE DEPARTMENT SHALL  2,535        

APPROVE A PROPOSED PREPLACEMENT TRAINING PROGRAM IF IT COMPLIES    2,536        

WITH SECTION 5103.039 OR 5103.0310 OF THE REVISED CODE, AS         2,537        

APPROPRIATE, AND, IN THE CASE OF A PROPOSAL SUBMITTED BY AN                     

AGENCY OPERATING A PREPLACEMENT TRAINING PROGRAM AT THE TIME THE   2,539        

PROPOSAL IS SUBMITTED, THE DEPARTMENT IS SATISFIED WITH THE        2,540        

AGENCY'S OPERATION OF THE PROGRAM.  THE DEPARTMENT SHALL APPROVE   2,542        

A PROPOSED CONTINUING TRAINING PROGRAM IF IT COMPLIES WITH         2,543        

SECTION 5103.0310 OR 5103.0311 OF THE REVISED CODE, AS             2,544        

APPROPRIATE, AND, IN THE CASE OF A PROPOSAL SUBMITTED BY AN        2,545        

AGENCY OPERATING A CONTINUING TRAINING PROGRAM AT THE TIME THE     2,546        

PROPOSAL IS SUBMITTED, THE DEPARTMENT IS SATISFIED WITH THE        2,547        

AGENCY'S OPERATION OF THE PROGRAM.  THE DEPARTMENT SHALL           2,548        

DISAPPROVE A PROPOSED PROGRAM IF THE PROGRAM'S BUDGET IS NOT       2,549        

CONSISTENT WITH RULES ADOPTED UNDER SECTION 5103.0316 OF THE       2,550        

REVISED CODE GOVERNING THE DEPARTMENT'S REIMBURSEMENT OF PUBLIC    2,552        

CHILDREN SERVICES AGENCIES, PRIVATE CHILD PLACING AGENCIES, AND    2,553        

PRIVATE NONCUSTODIAL AGENCIES UNDER SECTION 5103.0313 OF THE       2,554        

REVISED CODE.  IF THE DEPARTMENT DISAPPROVES A PROPOSAL, IT SHALL  2,556        

PROVIDE THE REASON FOR DISAPPROVAL TO THE AGENCY THAT SUBMITTED    2,558        

THE PROPOSAL AND ADVISE THE AGENCY OF HOW TO REVISE THE PROPOSAL                

SO THAT THE DEPARTMENT CAN APPROVE IT.                             2,559        

      (C)  THE DEPARTMENT'S APPROVAL UNDER DIVISION (B) OF THIS    2,561        

SECTION OF A PROPOSED PREPLACEMENT TRAINING PROGRAM OR CONTINUING  2,563        

                                                          59     


                                                                 
TRAINING PROGRAM IS VALID ONLY FOR TWO YEARS FOLLOWING THE YEAR    2,564        

THE PROPOSAL FOR THE PROGRAM IS SUBMITTED TO THE DEPARTMENT UNDER  2,566        

DIVISION (A) OF THIS SECTION.                                                   

      Sec. 5103.039.  EXCEPT FOR PREPLACEMENT TRAINING PROGRAMS    2,568        

DESCRIBED IN SECTION 5103.0311 OF THE REVISED CODE, A              2,569        

PREPLACEMENT TRAINING PROGRAM SHALL CONSIST OF COURSES IN THE      2,570        

ROLE OF FOSTER CAREGIVERS AS A PART OF THE CARE AND TREATMENT OF   2,571        

FOSTER CHILDREN.  A FOSTER CAREGIVER SHALL COMPLETE ALL OF THE     2,573        

COURSES, WHICH SHALL ADDRESS ALL OF THE FOLLOWING:                 2,574        

      (A)  THE LEGAL RIGHTS AND RESPONSIBILITIES OF FOSTER         2,576        

CAREGIVERS;                                                        2,577        

      (B)  PUBLIC CHILDREN SERVICES AGENCIES, PRIVATE CHILD        2,580        

PLACING AGENCIES, AND PRIVATE NONCUSTODIAL AGENCIES' POLICIES AND  2,581        

PROCEDURES REGARDING FOSTER CAREGIVERS;                            2,582        

      (C)  THE DEPARTMENT OF JOB AND FAMILY SERVICES'              2,584        

REQUIREMENTS FOR CERTIFYING FOSTER HOMES;                          2,585        

      (D)  THE EFFECTS PLACEMENT, SEPARATION, AND ATTACHMENT       2,587        

ISSUES HAVE ON CHILDREN, THEIR FAMILIES, AND FOSTER CAREGIVERS;    2,588        

      (E)  FOSTER CAREGIVERS' INVOLVEMENT IN PERMANENCY PLANNING   2,590        

FOR CHILDREN AND THEIR FAMILIES;                                   2,591        

      (F)  THE EFFECTS OF PHYSICAL ABUSE, SEXUAL ABUSE, EMOTIONAL  2,593        

ABUSE, NEGLECT, AND SUBSTANCE ABUSE ON NORMAL HUMAN GROWTH AND     2,594        

DEVELOPMENT;                                                       2,595        

      (G)  BEHAVIOR MANAGEMENT TECHNIQUES;                         2,597        

      (H)  EFFECTS OF CAREGIVING ON CHILDREN'S FAMILIES;           2,599        

      (I)  CULTURAL ISSUES IN PLACEMENT;                           2,601        

      (J)  PREVENTION, RECOGNITION, AND MANAGEMENT OF              2,603        

COMMUNICABLE DISEASES;                                             2,604        

      (K)  COMMUNITY HEALTH AND SOCIAL SERVICES AVAILABLE TO       2,606        

CHILDREN AND THEIR FAMILIES;                                       2,607        

      (L)  CARDIOPULMONARY RESUSCITATION AND FIRST AID;            2,609        

      (M)  THE SUBSTANCE OF SECTION 2151.62 OF THE REVISED CODE.   2,612        

A COURSE ADDRESSING SECTION 2151.62 OF THE REVISED CODE SHALL BE   2,614        

NOT LESS THAN ONE HOUR LONG.                                       2,615        

                                                          60     


                                                                 
      (N)  IN THE CASE OF A PREPLACEMENT TRAINING PROGRAM FOR A    2,617        

FOSTER CAREGIVER SEEKING CERTIFICATION FOR A SPECIALIZED FOSTER    2,618        

HOME, ADDITIONAL ISSUES SPECIFIC TO THE TYPES OF CHILDREN PLACED   2,619        

IN SPECIALIZED FOSTER HOMES, INCLUDING PHYSICAL RESTRAINT          2,620        

TECHNIQUES AND THE APPROPRIATE USE OF PHYSICAL RESTRAINTS AND UP   2,621        

TO EIGHT HOURS OF SPECIAL EDUCATION SURROGATE PARENT TRAINING.     2,622        

      Sec. 5103.0310.  EXCEPT FOR A CONTINUING TRAINING PROGRAM    2,624        

DESCRIBED IN SECTION 5103.0311 OF THE REVISED CODE, A CONTINUING   2,625        

TRAINING PROGRAM SHALL CONSIST OF COURSES THAT A FOSTER CAREGIVER  2,626        

MUST COMPLETE AND THAT ADDRESS AT LEAST ALL OF THE FOLLOWING:      2,627        

      (A)  PARENTS AND FOSTER CAREGIVERS AS PART OF CHILD          2,630        

PROTECTION TEAMS;                                                               

      (B)  THE DYNAMICS OF CHILD ABUSE AND NEGLECT AND             2,632        

RECOGNIZING AND PREVENTING CHILD ABUSE AND NEGLECT;                2,633        

      (C)  THE EFFECT OF CHILD ABUSE AND NEGLECT ON CHILD          2,635        

DEVELOPMENT;                                                       2,636        

      (D)  HOW FOSTER CAREGIVERS SHOULD WORK WITH CHILDREN AND     2,638        

THEIR FAMILIES REGARDING PLACEMENT, SEPARATION, AND ATTACHMENT     2,639        

ISSUES;                                                                         

      (E)  BEHAVIOR MANAGEMENT TECHNIQUES;                         2,641        

      (F)  FOSTER CAREGIVERS' WORKING WITH CHILDREN'S FAMILIES;    2,643        

      (G)  EFFECTS OF CAREGIVING ON CHILDREN'S FAMILIES;           2,645        

      (H)  CARING FOR CHILDREN WHO HAVE BEEN SEXUALLY ABUSED;      2,647        

      (I)  CULTURAL COMPETENCY;                                    2,649        

      (J)  SUBSTANCE ABUSE AND DEPENDENCY;                         2,651        

      (K)  SYMPTOMS OF MENTAL ILLNESS AND LEARNING DISORDERS;      2,653        

      (L)  DEVELOPMENTALLY APPROPRIATE ACTIVITIES FOR CHILDREN;    2,655        

      (M)  IN THE CASE OF A CONTINUING TRAINING PROGRAM FOR A      2,657        

FOSTER CAREGIVER SEEKING RECERTIFICATION OF A SPECIALIZED FOSTER   2,658        

HOME, ADDITIONAL ISSUES SPECIFIC TO THE TYPES OF CHILDREN PLACED   2,659        

IN SPECIALIZED FOSTER HOMES, INCLUDING PHYSICAL RESTRAINT          2,660        

TECHNIQUES AND THE APPROPRIATE USE OF PHYSICAL RESTRAINTS AND UP   2,661        

TO EIGHT HOURS OF SPECIAL EDUCATION SURROGATE PARENT TRAINING.     2,662        

      Sec. 5103.0311.  (A)  A PREPLACEMENT TRAINING PROGRAM FOR    2,664        

                                                          61     


                                                                 
FOSTER CAREGIVERS DESCRIBED IN SECTION 5103.033 OF THE REVISED     2,665        

CODE SHALL CONSIST OF COURSES THAT ADDRESS ALL OF THE FOLLOWING:   2,667        

      (1)  THE LEGAL RIGHTS AND RESPONSIBILITIES OF FOSTER         2,669        

CAREGIVERS;                                                                     

      (2)  THE POLICIES AND PROCEDURES OF PUBLIC CHILDREN          2,671        

SERVICES AGENCIES, PRIVATE CHILD PLACING AGENCIES, AND PRIVATE     2,672        

NONCUSTODIAL AGENCIES REGARDING FOSTER CAREGIVERS;                 2,673        

      (3)  THE DEPARTMENT OF JOB AND FAMILY SERVICES'              2,675        

REQUIREMENTS FOR CERTIFYING FOSTER HOMES;                          2,676        

      (4)  INFANT CARE;                                            2,678        

      (5)  CARDIOPULMONARY RESUSCITATION AND FIRST AID;            2,680        

      (6)  EARLY CHILDHOOD DEVELOPMENT.                            2,682        

      (B)  A CONTINUING TRAINING PROGRAM FOR FOSTER CAREGIVERS     2,684        

DESCRIBED IN SECTION 5103.033 OF THE REVISED CODE SHALL CONSIST    2,685        

OF COURSES THAT ADDRESS BOTH OF THE FOLLOWING:                     2,687        

      (1)  INFANT CARE;                                            2,689        

      (2)  EARLY CHILDHOOD DEVELOPMENT, INCLUDING DEVELOPMENTALLY  2,691        

APPROPRIATE ACTIVITIES.                                            2,692        

      Sec. 5103.0312.  THE DEPARTMENT OF JOB AND FAMILY SERVICES   2,694        

SHALL PAY FOSTER CAREGIVERS WHO HAVE BEEN ISSUED A FOSTER HOME     2,695        

CERTIFICATE AND HAD AT LEAST ONE FOSTER CHILD PLACED IN THEIR      2,696        

HOME FOR ATTENDING TRAINING COURSES PURSUANT TO A PREPLACEMENT     2,698        

TRAINING PROGRAM OR CONTINUING TRAINING PROGRAM OPERATED UNDER     2,699        

SECTION 5103.034 OF THE REVISED CODE.  THE PAYMENT SHALL BE BASED  2,701        

ON A PER DIEM RATE ESTABLISHED BY THE DEPARTMENT.  THE PAYMENT TO  2,702        

FOSTER CAREGIVERS SHALL BE THE SAME REGARDLESS OF THE TYPE OF                   

RECOMMENDING AGENCY FROM WHICH A FOSTER CAREGIVER SEEKS A          2,704        

RECOMMENDATION.  THE DEPARTMENT SHALL PAY A FOSTER CAREGIVER FOR   2,705        

ATTENDING PREPLACEMENT TRAINING COURSES DURING THE FIRST MONTH A   2,706        

FOSTER CHILD IS PLACED IN THE FOSTER CAREGIVER'S HOME.                          

      Sec. 5103.0313.  THE DEPARTMENT OF JOB AND FAMILY SERVICES   2,708        

SHALL REIMBURSE A PUBLIC CHILDREN SERVICES AGENCY, PRIVATE CHILD   2,709        

PLACING AGENCY, OR PRIVATE NONCUSTODIAL AGENCY FOR THE COST TO     2,710        

THE AGENCY OF PROVIDING TRAINING TO A FOSTER CAREGIVER THROUGH A   2,711        

                                                          62     


                                                                 
PREPLACEMENT TRAINING PROGRAM OR CONTINUING TRAINING PROGRAM       2,712        

OPERATED UNDER SECTION 5103.034 OF THE REVISED CODE. THE           2,713        

REIMBURSEMENT SHALL BE ON A PER DIEM BASIS AND LIMITED TO THE      2,714        

COST ASSOCIATED WITH THE TRAINER, OBTAINING A SITE AT WHICH THE    2,715        

TRAINING IS PROVIDED, AND THE ADMINISTRATION OF THE TRAINING.  A   2,716        

REIMBURSEMENT RATE SHALL BE THE SAME REGARDLESS OF WHETHER THE     2,717        

TRAINING PROGRAM IS OPERATED BY A PUBLIC CHILDREN SERVICES         2,718        

AGENCY, PRIVATE CHILD PLACING AGENCY, OR PRIVATE NONCUSTODIAL      2,719        

AGENCY.                                                                         

      Sec. 5103.0314.  THE DEPARTMENT OF JOB AND FAMILY SERVICES   2,721        

SHALL NOT REIMBURSE A RECOMMENDING AGENCY FOR THE COST OF ANY      2,722        

TRAINING THE AGENCY REQUIRES A FOSTER CAREGIVER TO UNDERGO AS A    2,723        

CONDITION OF THE AGENCY RECOMMENDING THE DEPARTMENT CERTIFY OR     2,724        

RECERTIFY THE FOSTER CAREGIVER'S FOSTER HOME UNDER SECTION         2,725        

5103.03 OF THE REVISED CODE IF THE TRAINING IS IN ADDITION TO THE  2,726        

TRAINING REQUIRED BY SECTION 5103.031 OR 5103.032 OF THE REVISED   2,727        

CODE.                                                                           

      Sec. 5103.0315.  THE DEPARTMENT OF JOB AND FAMILY SERVICES   2,729        

SHALL SEEK FEDERAL FINANCIAL PARTICIPATION FOR THE COST OF MAKING  2,730        

PAYMENTS UNDER SECTION 5103.0312 OF THE REVISED CODE AND           2,732        

REIMBURSEMENTS UNDER SECTION 5103.0313 OF THE REVISED CODE.  THE   2,733        

DEPARTMENT SHALL NOTIFY THE GOVERNOR, PRESIDENT OF THE SENATE,     2,734        

MINORITY LEADER OF THE SENATE, SPEAKER OF THE HOUSE OF             2,735        

REPRESENTATIVES, AND MINORITY LEADER OF THE HOUSE OF               2,736        

REPRESENTATIVES OF ANY PROPOSED FEDERAL LEGISLATION THAT                        

ENDANGERS THE FEDERAL FINANCIAL PARTICIPATION.                     2,737        

      Sec. 5103.0316.  NOT LATER THAN NINETY DAYS AFTER THE        2,739        

EFFECTIVE DATE OF THIS SECTION, THE DEPARTMENT OF JOB AND FAMILY   2,740        

SERVICES SHALL ADOPT RULES IN ACCORDANCE WITH CHAPTER 119. OF THE  2,742        

REVISED CODE AS NECESSARY FOR THE EFFICIENT ADMINISTRATION OF      2,744        

SECTIONS 5103.031 TO 5103.0316 OF THE REVISED CODE.  THE RULES     2,745        

SHALL PROVIDE FOR ALL OF THE FOLLOWING:                            2,746        

      (A)  FOR THE PURPOSE OF SECTION 5103.038 OF THE REVISED      2,748        

CODE, THE DATE BY WHICH A PUBLIC CHILDREN SERVICES AGENCY,         2,749        

                                                          63     


                                                                 
PRIVATE CHILD PLACING AGENCY, OR PRIVATE NONCUSTODIAL AGENCY THAT  2,750        

SEEKS TO OPERATE A PREPLACEMENT TRAINING PROGRAM OR CONTINUING     2,751        

TRAINING PROGRAM UNDER SECTION 5103.034 OF THE REVISED CODE MUST                

SUBMIT TO THE DEPARTMENT A PROPOSAL OUTLINING THE PROGRAM;         2,752        

      (B)  REQUIREMENTS GOVERNING THE DEPARTMENT'S REIMBURSEMENT   2,755        

OF PUBLIC CHILDREN SERVICES AGENCIES, PRIVATE CHILD PLACING        2,756        

AGENCIES, AND PRIVATE NONCUSTODIAL AGENCIES UNDER SECTION          2,757        

5103.0313 OF THE REVISED CODE;                                                  

      (C)  ANY OTHER MATTER THE DEPARTMENT CONSIDERS APPROPRIATE.  2,759        

      Sec. 5103.033 5103.0317.  A family foster home may not       2,768        

receive more than five children apart from their parents,          2,770        

guardian, or custodian, except in order to accommodate a sibling   2,771        

group or the remaining members of a sibling group.                              

      Sec. 2151.418 5103.0318.  Any foster home or family foster   2,780        

home shall be considered to be a residential use of property for   2,782        

purposes of municipal, county, and township zoning and shall be a  2,783        

permitted use in all zoning districts in which residential uses    2,784        

are permitted.  No municipal, county, or township zoning                        

regulation shall require a conditional permit or any other         2,785        

special exception certification for any foster home or family      2,786        

foster home.                                                                    

      Sec. 5103.0326.  A RECOMMENDING AGENCY MAY RECOMMEND THAT    2,788        

THE DEPARTMENT OF JOB AND FAMILY SERVICES NOT RENEW A FOSTER HOME  2,789        

CERTIFICATE UNDER SECTION 5103.03 OF THE REVISED CODE IF THE       2,790        

FOSTER CAREGIVER REFUSED TO ACCEPT THE PLACEMENT OF ANY CHILDREN   2,791        

INTO THE FOSTER HOME DURING THE CURRENT CERTIFICATION PERIOD.                   

BASED ON THE AGENCY'S RECOMMENDATION, THE DEPARTMENT MAY REFUSE    2,792        

TO RENEW A FOSTER HOME CERTIFICATE.                                2,793        

      Sec. 5103.031 5103.13.  (A)  As used in this section, "HIV"  2,803        

has the same meaning as in section 3701.24 of the Revised Code.    2,804        

      (B)  The director of job and family services shall provide,  2,807        

by rules adopted pursuant to Chapter 119. of the Revised Code,     2,808        

for the licensure of crisis nurseries as either type A or type B   2,809        

crisis nurseries.  The rules shall specify that a license shall    2,810        

                                                          64     


                                                                 
not be issued to an applicant for licensure as a crisis nursery    2,811        

if the conditions at any of its facilities would jeopardize the    2,812        

health or safety of the children to whom it provides care.         2,813        

      (C)  A type A crisis nursery shall provide temporary         2,815        

shelter and other care for not more than twenty children at one    2,816        

time.  Each child shall be under age six and drug-exposed,         2,818        

HIV-infected, or referred by a public children services agency.                 

No child shall receive shelter or other care from a particular     2,820        

type A crisis nursery for a period exceeding sixty days.           2,821        

      (D)  A type B crisis nursery shall provide, without          2,823        

charging a fee, temporary services and care to children under age  2,824        

thirteen who are abused and neglected, at high risk of abuse and   2,825        

neglect, or members of families receiving child protective         2,826        

services.  A type B crisis nursery shall also provide referrals    2,827        

to support services.  No child shall receive services or care      2,828        

from a type B crisis nursery for more than thirty days in any      2,829        

year.                                                              2,830        

      Sec. 5103.032 5103.131.  The department of job and family    2,839        

services may apply to the United States secretary of health and    2,842        

human services for a federal grant under the "Temporary Child      2,843        

Care for Children With Disabilities and Crisis Nurseries Act,"     2,844        

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   2,845        

Code in providing temporary services and care to minors.           2,847        

      Sec. 5123.77.  (A)  Pending his removal to an institution,   2,856        

a person taken into custody or ordered to be institutionalized     2,858        

pursuant to this chapter may be held in his THE PERSON'S home, a   2,860        

family CERTIFIED foster home, licensed rest or nursing home, a     2,862        

county home, or a facility used for detention, but he THE PERSON   2,863        

shall be kept separate from persons charged with or convicted of   2,865        

penal offenses.                                                                 

      (B)  Whenever any person is taken into custody under this    2,867        

chapter, the person in charge of the institution or facility in    2,868        

which that person is temporarily held under division (A) of this   2,869        

                                                          65     


                                                                 
section immediately shall notify that person's legal guardian,     2,870        

spouse, or next of kin and his THE PERSON'S counsel, if such can   2,871        

be ascertained.                                                    2,872        

      Sec. 5153.01.  (A)  As used in the Revised Code, "public     2,881        

children services agency" means an entity specified in section     2,882        

5153.02 of the Revised Code that has assumed the powers and        2,884        

duties of the children services function prescribed by this        2,885        

chapter for a county.                                                           

      (B)  As used in this chapter:                                2,887        

      (1)  "Babysitting care" means care provided for a child      2,889        

while the parents, guardian, or legal custodian of the child are   2,890        

temporarily away.                                                  2,891        

      (2)  "Certified family foster home" means a family foster    2,893        

home operated by a person holding a certificate issued pursuant    2,894        

to, AS DEFINED IN SECTION 5103.02 OF THE REVISED CODE, CERTIFIED   2,895        

UNDER section 5103.03 of the Revised Code that is in full force    2,897        

and effect.                                                                     

      (3)(2)  "Certified organization" means any organization      2,899        

holding a certificate issued pursuant to section 5103.03 of the    2,901        

Revised Code that is in full force and effect.                     2,902        

      (4)(3)  "Child" means any person under eighteen years of     2,904        

age or a mentally or physically handicapped person, as defined by  2,905        

rule adopted by the director of job and family services, under     2,907        

twenty-one years of age.                                           2,908        

      (5)(4)  "Executive director" means the person charged with   2,910        

the responsibility of administering the powers and duties of a     2,911        

public children services agency appointed pursuant to section      2,913        

5153.10 of the Revised Code.                                                    

      (6)  "Family foster home" means a private residence in       2,915        

which children are received apart from their parents, guardian,    2,916        

or legal custodian by an individual for hire, gain, or reward for  2,917        

nonsecure care, supervision, or training twenty-four hours a day.  2,918        

"Family foster home" does not include babysitting care provided    2,919        

for a child in the home of a person other than the home of the     2,920        

                                                          66     


                                                                 
parents, guardian, or legal custodian of the child.                2,921        

      (7)  "Foster home" means a family home in which any child    2,923        

is received, apart from the child's parents, for care,             2,924        

supervision, or training.                                          2,925        

      (8)(5)  "Organization" means any public, semipublic, or      2,927        

private institution, including maternity homes and day nurseries,  2,929        

and any private association, society, or agency, located or        2,930        

operating in this state, incorporated or unincorporated, having    2,931        

among its functions the furnishing of protective services or care  2,933        

for children or the placement of children in CERTIFIED foster                   

homes or elsewhere.                                                2,934        

      Sec. 5153.16.  (A)  Except as provided in section 2151.422   2,943        

of the Revised Code, in accordance with rules of the department    2,944        

of job and family services, and on behalf of children in the       2,946        

county whom the public children services agency considers to be    2,947        

in need of public care or protective services, the public          2,948        

children services agency shall do all of the following:            2,949        

      (1)  Make an investigation concerning any child alleged to   2,951        

be an abused, neglected, or dependent child;                       2,952        

      (2)  Enter into agreements with the parent, guardian, or     2,954        

other person having legal custody of any child, or with the        2,955        

department of job and family services, department of mental        2,956        

health, department of mental retardation and developmental         2,957        

disabilities, other department, any certified organization within  2,958        

or outside the county, or any agency or institution outside the    2,959        

state, having legal custody of any child, with respect to the      2,960        

custody, care, or placement of any child, or with respect to any   2,961        

matter, in the interests of the child, provided the permanent      2,962        

custody of a child shall not be transferred by a parent to the     2,963        

public children services agency without the consent of the         2,965        

juvenile court;                                                                 

      (3)  Accept custody of children committed to the public      2,967        

children services agency by a court exercising juvenile            2,969        

jurisdiction;                                                                   

                                                          67     


                                                                 
      (4)  Provide such care as the public children services       2,972        

agency considers to be in the best interests of any child          2,973        

adjudicated to be an abused, neglected, or dependent child the     2,974        

agency finds to be in need of public care or service;              2,975        

      (5)  Provide social services to any unmarried girl           2,977        

adjudicated to be an abused, neglected, or dependent child who is  2,979        

pregnant with or has been delivered of a child;                    2,980        

      (6)  Make available to the bureau for children with medical  2,982        

handicaps of the department of health at its request any           2,983        

information concerning a crippled child found to be in need of     2,984        

treatment under sections 3701.021 to 3701.028 of the Revised Code  2,985        

who is receiving services from the public children services        2,987        

agency;                                                                         

      (7)  Provide temporary emergency care for any child          2,989        

considered by the public children services agency to be in need    2,991        

of such care, without agreement or commitment;                     2,992        

      (8)  Find family CERTIFIED foster homes, within or outside   2,994        

the county, for the care of children, including handicapped        2,995        

children from other counties attending special schools in the      2,996        

county;                                                                         

      (9)  Subject to the approval of the board of county          2,998        

commissioners and the state department of job and family           2,999        

services, establish and operate a training school or enter into    3,000        

an agreement with any municipal corporation or other political     3,001        

subdivision of the county respecting the operation, acquisition,   3,002        

or maintenance of any children's home, training school, or other   3,003        

institution for the care of children maintained by such municipal  3,004        

corporation or political subdivision;                              3,005        

      (10)  Acquire and operate a county children's home,          3,007        

establish, maintain, and operate a receiving home for the          3,008        

temporary care of children, or procure family CERTIFIED foster     3,009        

homes for this purpose;                                            3,010        

      (11)  Enter into an agreement with the trustees of any       3,012        

district children's home, respecting the operation of the          3,013        

                                                          68     


                                                                 
district children's home in cooperation with the other county      3,014        

boards in the district;                                            3,015        

      (12)  Cooperate with, make its services available to, and    3,017        

act as the agent of persons, courts, the department of job and     3,018        

family services, the department of health, and other               3,019        

organizations within and outside the state, in matters relating    3,020        

to the welfare of children, except that the public children        3,021        

services agency shall not be required to provide supervision of    3,022        

or other services related to the exercise of companionship or      3,023        

visitation rights granted pursuant to section 3109.051, 3109.11,   3,024        

or 3109.12 of the Revised Code unless a juvenile court, pursuant   3,025        

to Chapter 2151. of the Revised Code, or a common pleas court,     3,026        

pursuant to division (E)(6) of section 3113.31 of the Revised      3,027        

Code, requires the provision of supervision or other services      3,029        

related to the exercise of the companionship or visitation         3,030        

rights;                                                                         

      (13)  Make investigations at the request of any              3,032        

superintendent of schools in the county or the principal of any    3,033        

school concerning the application of any child adjudicated to be   3,034        

an abused, neglected, or dependent child for release from school,  3,035        

where such service is not provided through a school attendance     3,036        

department;                                                                     

      (14)  Administer funds provided under Title IV-E of the      3,038        

"Social Security Act," 94 Stat. 501 (1980), 42 U.S.C.A. 671, as    3,039        

amended, in accordance with rules adopted under section 5101.141   3,040        

of the Revised Code;                                               3,041        

      (15)  In addition to administering Title IV-E adoption       3,043        

assistance funds, enter into agreements to make adoption           3,044        

assistance payments under section 5153.163 of the Revised Code;    3,045        

      (16)  Implement a system of risk assessment, in accordance   3,047        

with rules adopted by the director of job and family services, to  3,050        

assist the public children services agency in determining the      3,051        

risk of abuse or neglect to a child;                               3,052        

      (17)  Enter into a plan of cooperation with the board of     3,054        

                                                          69     


                                                                 
county commissioners under section 307.983 of the Revised Code     3,055        

and comply with the partnership agreement the board enters into    3,056        

under section 307.98 of the Revised Code and contracts the board   3,057        

enters into under sections 307.981 and 307.982 of the Revised      3,058        

Code that affect the public children services agency;              3,059        

      (18)  Make reasonable efforts to prevent the removal of an   3,061        

alleged or adjudicated abused, neglected, or dependent child from  3,062        

the child's home, eliminate the continued removal of the child     3,063        

from the child's home, or make it possible for the child to        3,064        

return home safely, except that reasonable efforts of that nature  3,065        

are not required when a court has made a determination under       3,066        

division (A)(2) of section 2151.419 of the Revised Code;           3,067        

      (19)  Make reasonable efforts to place the child in a        3,069        

timely manner in accordance with the permanency plan approved      3,070        

under division (E) of section 2151.417 of the Revised Code and to  3,072        

complete whatever steps are necessary to finalize the permanent    3,073        

placement of the child.                                            3,074        

      (B)  The public children services agency shall use the       3,076        

system implemented pursuant to division (B)(16) of this section    3,077        

in connection with an investigation undertaken pursuant to         3,078        

division (F)(1) of section 2151.421 of the Revised Code and may    3,080        

use the system at any other time the agency is involved with any                

child when the agency determines that risk assessment is           3,081        

necessary.                                                                      

      (C)  Except as provided in section 2151.422 of the Revised   3,083        

Code, in accordance with rules of the director of job and family   3,085        

services, and on behalf of children in the county whom the public  3,086        

children services agency considers to be in need of public care    3,087        

or protective services, the public children services agency may    3,088        

do the following:                                                               

      (1)  Provide or find, with other child serving systems,      3,091        

treatment SPECIALIZED foster care for the care of children in a    3,092        

treatment SPECIALIZED foster home, as defined in section 5103.02   3,093        

of the Revised Code, CERTIFIED UNDER SECTION 5103.03 OF THE        3,095        

                                                          70     


                                                                 
REVISED CODE;                                                                   

      (2)(a)  Except as limited by divisions (C)(2)(b) and (c) of  3,098        

this section, contract with the following for the purpose of                    

assisting the agency with its duties:                              3,099        

      (i)  County departments of job and family services;          3,101        

      (ii)  Boards of alcohol, drug addiction, and mental health   3,104        

services;                                                                       

      (iii)  County boards of mental retardation and               3,106        

developmental disabilities;                                        3,107        

      (iv)  Regional councils of political subdivisions            3,109        

established under Chapter 167. of the Revised Code;                3,110        

      (v)  Private and government providers of services;           3,112        

      (vi)  Managed care organizations and prepaid health plans.   3,114        

      (b)  A public children services agency contract under        3,117        

division (C)(2)(a) of this section regarding the agency's duties                

under section 2151.421 of the Revised Code may not provide for     3,118        

the entity under contract with the agency to perform any service   3,119        

not authorized by the department's rules.                          3,120        

      (c)  Only a county children services board appointed under   3,123        

section 5153.03 of the Revised Code that is a public children                   

services agency may contract under division (C)(2)(a) of this      3,124        

section.  If an entity specified in division (B) or (C) of         3,125        

section 5153.02 of the Revised Code is the public children         3,126        

services agency for a county, the board of county commissioners    3,127        

may enter into contracts pursuant to section 307.982 of the                     

Revised Code regarding the agency's duties.                        3,128        

      Sec. 5153.161.  Care provided by the public children         3,137        

services agency under division (A)(4) of section 5153.16 of the    3,141        

Revised Code shall be provided by the agency, by its own means or  3,142        

through other available resources, in the child's own home, in     3,144        

the home of a relative, or in a certified family foster home, any  3,146        

other home approved by the court, receiving home, school,                       

hospital, convalescent home, or other public or private            3,147        

institution within or outside the county or state.                 3,148        

                                                          71     


                                                                 
      Section 2.  That existing sections 2151.011, 2151.312,       3,150        

2151.331, 2151.34, 2151.353, 2151.418, 2151.55, 2151.554,          3,151        

2151.62, 2907.08, 3313.64, 5101.14, 5101.141, 5103.02, 5103.03,    3,153        

5103.031, 5103.032, 5103.033, 5123.77, 5153.01, 5153.16, and       3,154        

5153.161 of the Revised Code are hereby repealed.                  3,155        

      Section 3.  Section 5103.031 of the Revised Code does not    3,158        

apply to a foster home, as defined in section 5103.02 of the       3,159        

Revised Code, holding a valid certificate issued under section     3,160        

5103.03 of the Revised Code on January 1, 2001.                    3,161        

      Section 4.  Section 5153.161 of the Revised Code is          3,163        

presented in this act as a composite of the section as amended by  3,164        

both Am. Sub. H.B. 215 and Sub. H.B. 408 of the 122nd General      3,165        

Assembly, with the new language of neither of the acts shown in    3,167        

capital letters.  This is in recognition of the principle stated   3,168        

in division (B) of section 1.52 of the Revised Code that such      3,169        

amendments are to be harmonized where not substantively            3,170        

irreconcilable and constitutes a legislative finding that such is  3,171        

the resulting version in effect prior to the effective date of     3,172        

this act.                                                                       

      Section 5.  Sections 1, 2, 3, and 4 of this act shall take   3,174        

effect January 1, 2001.                                            3,175