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