As Introduced 1
CORRECTED VERSION 3
123rd General Assembly 6
Regular Session H. B. No. 412 7
1999-2000 8
REPRESENTATIVES SALERNO-FORD-GOODMAN-D. MILLER-O'BRIEN- 10
PATTON-SCHURING-SULLIVAN-THOMAS-TIBERI-WOMER BENJAMIN 11
_________________________________________________________________ 12
A B I L L
To amend sections 2151.141, 2903.13, 2903.21, 14
2903.211, and 2903.22 and to enact section 15
2151.142 of the Revised Code to increase the 16
penalties for assaulting or menacing personnel of 17
public children services agencies and private
child placing agencies and to declare their 19
residential addresses to be confidential 20
information that is not subject to disclosure by 21
specified persons or obtainable as a part of a 22
public record. 23
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 25
Section 1. That sections 2151.141, 2903.13, 2903.21, 27
2903.211, and 2903.22 be amended and section 2151.142 of the 29
Revised Code be enacted to read as follows:
Sec. 2151.141. (A) If a complaint filed with respect to a 38
child pursuant to section 2151.27 of the Revised Code alleges 39
that a child is an abused, neglected, or dependent child, any 40
individual or entity that is listed in divisions (D)(1)(a) to (k) 41
of section 2151.14 of the Revised Code and that is investigating 42
whether the child is an abused, neglected, or dependent child, 43
has custody of the child, is preparing a social history for the 44
child, or is providing any services for the child may request any 45
board of education, governing body of a chartered nonpublic 46
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school, public children services agency, private child placing 47
agency, probation department, law enforcement agency, or 48
prosecuting attorney that has any records related to the child to 49
provide the individual or entity with a copy of the records. The 50
request shall be in writing, describe the type of records 51
requested, explain the need for the records, be accompanied by a 52
copy of the complaint, and describe the relationship of the 53
requesting individual or entity to the child. The individual or 54
entity shall provide a copy of the request to the child in 55
question, the attorney or guardian ad litem of the child, and the 56
parent, guardian, or custodian of the child. 57
(B)(1) Any board of education, governing body of a 59
chartered nonpublic school, public children services agency, 60
private child placing agency, probation department, law 61
enforcement agency, or prosecuting attorney that has any records 62
related to a child who is the subject of a complaint as described 63
in division (A) of this section and that receives a request for a 64
copy of the records pursuant to division (A) of this section 65
shall comply with the request, unless the individual or entity 66
determines that it is unable to do so because it is prohibited by 67
law from complying with the request, the request does not comply 68
with division (A) of this section, or a complaint as described in 69
division (A) of this section has not been filed with respect to 70
the child who is the subject of the requested records. If the 71
individual or entity determines that it is unable to comply with 72
the request, it shall file a motion with the court in which the 73
complaint as described in division (A) of this section was filed 74
or was alleged to have been filed requesting the court to 75
determine the extent to which it is required to comply with the 76
request for records. Upon the filing of the motion, the court 77
immediately shall hold a hearing on the motion, determine the 78
extent to which the movant is required to comply with the request 79
for records, and issue findings of fact and conclusions of law in 80
support of its determination. The determination of the court 81
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shall be final. If the court determines that the movant is 82
required to comply with the request for records, it shall 83
identify the specific records that must be supplied to the 84
individual or entity that requested them. 85
(2) In addition to or in lieu of the motion described in 87
division (B)(1) of this section, a law enforcement agency or 88
prosecuting attorney that receives a request for a copy of 89
records pursuant to division (A) of this section may file a 90
motion for a protective order as described in this division with 91
the court in which the complaint as described in division (A) of 92
this section was filed or alleged to have been filed. Upon the 93
filing of such a motion OF THAT NATURE, the court shall conduct a 95
hearing on the motion. If at the hearing the law enforcement 96
agency or prosecuting attorney demonstrates that any of the 97
following applies and if, after considering the purposes for 98
which the records were requested pursuant to division (A) of this 99
section, the best interest of the child, and any demonstrated 100
need to prevent specific information in the records from being 101
disclosed, the court determines that the issuance of a protective 102
order is necessary, then the court shall issue a protective order 103
that appropriately limits the disclosure of one or more specified 104
records or specified information in one or more specified 105
records: 106
(a) The records or information in the records relate to a 108
case in which the child is alleged to be a delinquent child or a 109
case in which a child is bound over for trial as an adult 110
pursuant to section 2151.26 of the Revised Code and Juvenile Rule 111
30, and the adjudication hearing in the case, the trial in the 112
case, or other disposition of the case has not been concluded. 113
(b) The records in question, or the records containing the 115
information in question, are confidential law enforcement 116
investigatory records, as defined in section 149.43 of the 117
Revised Code. 118
(c) The records or information in the records relate to a 120
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case in which the child is or was alleged to be a delinquent 121
child or to a case in which a child is or was bound over for 122
trial as an adult pursuant to section 2151.26 of the Revised Code 123
and Juvenile Rule 30; another case is pending against any child 124
or any adult in which the child is alleged to be a delinquent 125
child, the child is so bound over for trial as an adult, or the 126
adult is alleged to be a criminal offender; the allegations in 127
the case to which the records or information relate and the 128
allegations in the other case are based on the same act or 129
transaction, are based on two or more connected transactions or 130
constitute parts of a common scheme or plan, or are part of a 131
course of criminal conduct; and the adjudication hearing in, 132
trial in, or other disposition of the other case has not been 133
concluded. 134
(C) If an individual or entity is required to provide 136
copies of records pursuant to this section, the individual or 137
entity may charge a fee for the copies that does not exceed the 138
cost of supplying them. 139
(D) This section shall not be construed to require, 141
authorize, or permit, and does not require, authorize, or permit, 142
the dissemination of any records or any information contained in 143
any records if the dissemination of the records or information 144
generally is prohibited by any provision SECTION 2151.142 OR 145
ANOTHER SECTION of the Revised Code and a WAIVER AS DESCRIBED IN 147
DIVISION (B)(1) OF SECTION 2151.142 OF THE REVISED CODE OR A 148
specific provision of the Revised Code does not specifically
authorize or permit the dissemination of the records or 149
information pursuant to this section. 150
Sec. 2151.142. (A) AS USED IN THIS SECTION, "PUBLIC 153
RECORD" HAS THE SAME MEANING AS IN SECTION 149.43 OF THE REVISED 155
CODE. 156
(B) BOTH OF THE FOLLOWING APPLY TO THE RESIDENTIAL ADDRESS 159
OF EACH OFFICER OR EMPLOYEE OF A PUBLIC CHILDREN SERVICES AGENCY 160
OR A PRIVATE CHILD PLACING AGENCY WHO PERFORMS OFFICIAL
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RESPONSIBILITIES OR DUTIES DESCRIBED IN SECTION 2151.14, 161
2151.141, 2151.33, 2151.353, 2151.412, 2151.413, 2151.414, 162
2151.415, 2151.416, 2151.417, OR 2151.421 OR ANOTHER SECTION OF 163
THE REVISED CODE AND TO THE RESIDENTIAL ADDRESS OF PERSONS 164
RELATED TO THAT OFFICER OR EMPLOYEE BY CONSANGUINITY OR AFFINITY: 165
(1) OTHER OFFICERS AND EMPLOYEES OF A PUBLIC CHILDREN 167
SERVICES AGENCY, PRIVATE CHILD PLACING AGENCY, JUVENILE COURT, OR 168
LAW ENFORCEMENT AGENCY SHALL CONSIDER THOSE RESIDENTIAL ADDRESSES 169
TO BE CONFIDENTIAL INFORMATION AND SHALL NOT DISCLOSE THEM TO ANY 170
PERSON WITH THE KNOWLEDGE THAT THE PERSON IS OR MAY BE A SUBJECT 171
OF AN INVESTIGATION, INTERVIEW, EXAMINATION, CRIMINAL CASE, OTHER
CASE, OR OTHER MATTER WITH WHICH THE OFFICER OR EMPLOYEE OF THE 172
PUBLIC CHILDREN SERVICES AGENCY OR PRIVATE CHILD PLACING AGENCY 174
CURRENTLY IS OR HAS BEEN ASSOCIATED. THE OFFICER OR EMPLOYEE OF 175
THE PUBLIC CHILDREN SERVICES AGENCY OR PRIVATE CHILD PLACING 176
AGENCY MAY WAIVE THE CONFIDENTIALITY OF THOSE RESIDENTIAL 177
ADDRESSES BY GIVING EXPRESS PERMISSION FOR THEIR DISCLOSURE TO 178
OTHER OFFICERS OR EMPLOYEES OF A PUBLIC CHILDREN SERVICES AGENCY, 179
PRIVATE CHILD PLACING AGENCY, JUVENILE COURT, OR LAW ENFORCEMENT 180
AGENCY.
(2) TO THE EXTENT THAT THOSE RESIDENTIAL ADDRESSES ARE 182
CONTAINED IN PUBLIC RECORDS KEPT BY A PUBLIC CHILDREN SERVICES 183
AGENCY, PRIVATE CHILD PLACING AGENCY, JUVENILE COURT, OR LAW 185
ENFORCEMENT AGENCY, THEY SHALL NOT BE CONSIDERED TO BE 187
INFORMATION THAT IS SUBJECT TO INSPECTION OR COPYING AS PART OF A
PUBLIC RECORD UNDER SECTION 149.43 OF THE REVISED CODE. 189
(C) IN THE ABSENCE OF A WAIVER AS DESCRIBED IN DIVISION 192
(B)(1) OF THIS SECTION, NO OFFICER OR EMPLOYEE OF A PUBLIC 193
CHILDREN SERVICES AGENCY, PRIVATE CHILD PLACING AGENCY, JUVENILE 194
COURT, OR LAW ENFORCEMENT AGENCY SHALL DISCLOSE THE RESIDENTIAL 195
ADDRESS OF AN OFFICER OR EMPLOYEE OF A PUBLIC CHILDREN SERVICES
AGENCY OR PRIVATE CHILD PLACING AGENCY, OR THE RESIDENTIAL 196
ADDRESS OF A PERSON RELATED TO THAT OFFICER OR EMPLOYEE BY 197
CONSANGUINITY OR AFFINITY, THAT IS CONFIDENTIAL INFORMATION UNDER 198
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DIVISION (B)(1) OF THIS SECTION TO ANY PERSON WITH THE KNOWLEDGE 199
THAT THAT PERSON IS OR MAY BE A SUBJECT OF AN INVESTIGATION, 200
INTERVIEW, EXAMINATION, CRIMINAL CASE, OTHER CASE, OR OTHER 202
MATTER WITH WHICH THE OFFICER OR EMPLOYEE OF A PUBLIC CHILDREN
SERVICES AGENCY OR PRIVATE CHILD PLACING AGENCY CURRENTLY IS OR 203
HAS BEEN ASSOCIATED. 204
Sec. 2903.13. (A) No person shall knowingly cause or 213
attempt to cause physical harm to another or to another's unborn. 214
(B) No person shall recklessly cause serious physical harm 216
to another or to another's unborn. 217
(C) Whoever violates this section is guilty of assault. 219
Except as otherwise provided in division (C)(1), (2), or (3), OR 221
(4) of this section, assault is a misdemeanor of the first 222
degree.
(1) Except as otherwise provided in this division, if the 224
offense is committed by a caretaker against a functionally 226
impaired person under the caretaker's care, assault is a felony 227
of the fourth degree. If the offense is committed by a caretaker 228
against a functionally impaired person under the caretaker's 229
care, if the offender previously has been convicted of or pleaded 231
guilty to a violation of this section or section 2903.11 or 232
2903.16 of the Revised Code, and if in relation to the previous 233
conviction the offender was a caretaker and the victim was a 234
functionally impaired person under the offender's care, assault 235
is a felony of the third degree. 236
(2) If the offense is committed in any of the following 238
circumstances, assault is a felony of the fifth degree: 239
(a) The offense occurs in or on the grounds of a state 241
correctional institution or an institution of the department of 242
youth services, the victim of the offense is an employee of the 243
department of rehabilitation and correction, the department of 244
youth services, or a probation department or is on the premises 245
of the particular institution for business purposes or as a 246
visitor, and the offense is committed by a person incarcerated in 247
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the state correctional institution, by a person institutionalized 248
in the department of youth services institution pursuant to a 249
commitment to the department of youth services, by a probationer 251
or parolee, by an offender under transitional control, under a 253
community control sanction, or on an escorted visit, by a person
under post-release control, or by an offender under any other 256
type of supervision by a government agency;. 257
(b) The offense occurs in or on the grounds of a local 259
correctional facility, the victim of the offense is an employee 260
of the local correctional facility or a probation department or 261
is on the premises of the facility for business purposes or as a 262
visitor, and the offense is committed by a person who is under 263
custody in the facility subsequent to the person's arrest for any 264
crime or delinquent act, subsequent to the person's being charged 266
with or convicted of any crime, or subsequent to the person's 268
being alleged to be or adjudicated a delinquent child. 269
(c) The offense occurs off the grounds of a state 271
correctional institution and off the grounds of an institution of 272
the department of youth services, the victim of the offense is an 273
employee of the department of rehabilitation and correction, the 274
department of youth services, or a probation department, the 275
offense occurs during the employee's official work hours and 276
while the employee is engaged in official work responsibilities, 277
and the offense is committed by a person incarcerated in a state 279
correctional institution or institutionalized in the department 280
of youth services who temporarily is outside of the institution 281
for any purpose, by a probationer or parolee, by an offender 283
under transitional control, under a community control sanction, 284
or on an escorted visit, by a person under post-release control, 285
or by an offender under any other type of supervision by a 286
government agency.
(d) The offense occurs off the grounds of a local 288
correctional facility, the victim of the offense is an employee 289
of the local correctional facility or a probation department, the 290
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offense occurs during the employee's official work hours and 291
while the employee is engaged in official work responsibilities, 292
and the offense is committed by a person who is under custody in 293
the facility subsequent to the person's arrest for any crime or 294
delinquent act, subsequent to the person being charged with or 295
convicted of any crime, or subsequent to the person being alleged 296
to be or adjudicated a delinquent child and who temporarily is 298
outside of the facility for any purpose or by a probationer or 299
parolee, by an offender under transitional control, under a 300
community control sanction, or on an escorted visit, by a person 301
under post-release control, or by an offender under any other 302
type of supervision by a government agency. 303
(e) The victim of the offense is a school teacher or 305
administrator or a school bus operator, and the offense occurs in 306
a school, on school premises, in a school building, on a school 308
bus, or while the victim is outside of school premises or a 309
school bus and is engaged in duties or official responsibilities 310
associated with the victim's employment or position as a school 312
teacher or administrator or a school bus operator, including, but 313
not limited to, driving, accompanying, or chaperoning students at 314
or on class or field trips, athletic events, or other school 315
extracurricular activities or functions outside of school 316
premises.
(3) If the victim of the offense is a peace officer, a 318
firefighter, or a person performing emergency medical service, 320
while in the performance of their official duties, assault is a 321
felony of the fourth degree. 322
(4) IF THE VICTIM OF THE OFFENSE IS AN OFFICER OR EMPLOYEE 324
OF A PUBLIC CHILDREN SERVICES AGENCY OR A PRIVATE CHILD PLACING 325
AGENCY AND THE OFFENSE RELATES TO THE OFFICER'S OR EMPLOYEE'S 326
PERFORMANCE OR ANTICIPATED PERFORMANCE OF OFFICIAL 327
RESPONSIBILITIES OR DUTIES DESCRIBED IN SECTION 2151.14,
2151.141, 2151.33, 2151.353, 2151.412, 2151.413, 2151.414, 328
2151.415, 2151.416, 2151.417, OR 2151.421 OR ANOTHER SECTION OF 329
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THE REVISED CODE, ASSAULT IS A FELONY OF THE FIFTH DEGREE OR, IF 331
THE OFFENDER PREVIOUSLY HAS BEEN CONVICTED OF OR PLEADED GUILTY
TO A VIOLATION OF THIS SECTION INVOLVING AN OFFICER OR EMPLOYEE 333
OF A PUBLIC CHILDREN SERVICES AGENCY OR PRIVATE CHILD PLACING
AGENCY, A FELONY OF THE FOURTH DEGREE. 334
(5) As used in this section: 336
(a) "Peace officer" has the same meaning as in section 338
2935.01 of the Revised Code. 339
(b) "Firefighter" has the same meaning as in section 342
3937.41 of the Revised Code. 343
(c) "Emergency medical service" has the same meaning as in 345
section 4765.01 of the Revised Code. 346
(d) "Local correctional facility" means a county, 348
multicounty, municipal, municipal-county, or 349
multicounty-municipal jail or workhouse, a minimum security jail 351
established under section 341.23 or 753.21 of the Revised Code, 352
or another county, multicounty, municipal, municipal-county, or 353
multicounty-municipal facility used for the custody of persons 354
arrested for any crime or delinquent act, persons charged with or 355
convicted of any crime, or persons alleged to be or adjudicated a 356
delinquent child.
(e) "Employee of a local correctional facility" means a 358
person who is an employee of the political subdivision or of one 359
or more of the affiliated political subdivisions that operates 360
the local correctional facility and who operates or assists in 361
the operation of the facility. 362
(f) "School teacher or administrator" means either of the 364
following:
(i) A person who is employed in the public schools of the 366
state under a contract described in section 3319.08 of the 367
Revised Code in a position in which the person is required to 368
have a certificate issued pursuant to sections 3319.22 to 369
3319.311 of the Revised Code.
(ii) A person who is employed by a nonpublic school for 371
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which the state board of education prescribes minimum standards 372
under section 3301.07 of the Revised Code and who is certificated 373
in accordance with section 3301.071 of the Revised Code. 374
(g) "Community control sanction" has the same meaning as 376
in section 2929.01 of the Revised Code. 378
(h) "Escorted visit" means an escorted visit granted under 380
section 2967.27 of the Revised Code. 381
(i) "Post-release control" and "transitional control" have 383
the same meanings as in section 2967.01 of the Revised Code. 385
(j) "PRIVATE CHILD PLACING AGENCY" HAS THE SAME MEANING AS 388
IN SECTION 2151.011 OF THE REVISED CODE. 389
Sec. 2903.21. (A) No person shall knowingly cause another 398
to believe that the offender will cause serious physical harm to 399
the person or property of such THE other person, such THE other 400
person's unborn, or a member of the other person's immediate 401
family.
(B) Whoever violates this section is guilty of aggravated 403
menacing,. EXCEPT AS OTHERWISE PROVIDED IN THIS DIVISION, 404
AGGRAVATED MENACING IS a misdemeanor of the first degree. IF THE 405
VICTIM OF THE OFFENSE IS AN OFFICER OR EMPLOYEE OF A PUBLIC 406
CHILDREN SERVICES AGENCY OR A PRIVATE CHILD PLACING AGENCY AND 407
THE OFFENSE RELATES TO THE OFFICER'S OR EMPLOYEE'S PERFORMANCE OR 408
ANTICIPATED PERFORMANCE OF OFFICIAL RESPONSIBILITIES OR DUTIES 409
DESCRIBED IN SECTION 2151.14, 2151.141, 2151.33, 2151.353, 410
2151.412, 2151.413, 2151.414, 2151.415, 2151.416, 2151.417, OR 411
2151.421 OR ANOTHER SECTION OF THE REVISED CODE, AGGRAVATED 412
MENACING IS A FELONY OF THE FIFTH DEGREE OR, IF THE OFFENDER 414
PREVIOUSLY HAS BEEN CONVICTED OF OR PLEADED GUILTY TO A VIOLATION 415
OF THIS SECTION INVOLVING AN OFFICER OR EMPLOYEE OF A PUBLIC 416
CHILDREN SERVICES AGENCY OR PRIVATE CHILD PLACING AGENCY, A 417
FELONY OF THE FOURTH DEGREE.
(C) AS USED IN THIS SECTION, "PRIVATE CHILD PLACING 420
AGENCY" HAS THE SAME MEANING AS IN SECTION 2151.011 OF THE 421
REVISED CODE.
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Sec. 2903.211. (A) No person by engaging in a pattern of 430
conduct shall knowingly cause another to believe that the 431
offender will cause physical harm to the other person or cause 432
mental distress to the other person. 433
(B) Whoever violates this section is guilty of menacing by 435
stalking,. EXCEPT AS OTHERWISE PROVIDED IN THIS DIVISION, 436
MENACING BY STALKING IS a misdemeanor of the first degree. If 437
the offender previously has been convicted of or pleaded guilty 439
to a violation of this section, menacing by stalking is a felony 440
of the fifth degree. IF THE VICTIM OF THE OFFENSE IS AN OFFICER 442
OR EMPLOYEE OF A PUBLIC CHILDREN SERVICES AGENCY OR A PRIVATE 443
CHILD PLACING AGENCY AND THE OFFENSE RELATES TO THE OFFICER'S OR 444
EMPLOYEE'S PERFORMANCE OR ANTICIPATED PERFORMANCE OF OFFICIAL 445
RESPONSIBILITIES OR DUTIES DESCRIBED IN SECTION 2151.14,
2151.141, 2151.33, 2151.353, 2151.412, 2151.413, 2151.414, 446
2151.415, 2151.416, 2151.417, OR 2151.421 OR ANOTHER SECTION OF 447
THE REVISED CODE, MENACING BY STALKING IS A FELONY OF THE FIFTH 449
DEGREE OR, IF THE OFFENDER PREVIOUSLY HAS BEEN CONVICTED OF OR 450
PLEADED GUILTY TO A VIOLATION OF THIS SECTION INVOLVING AN 451
OFFICER OR EMPLOYEE OF A PUBLIC CHILDREN SERVICES AGENCY OR 452
PRIVATE CHILD PLACING AGENCY, A FELONY OF THE FOURTH DEGREE. 453
(C) As used in this section: 455
(1) "Pattern of conduct" means two or more actions or 457
incidents closely related in time, whether or not there has been 458
a prior conviction based on any of those actions or incidents. 459
(2) "Mental distress" means any mental illness or 461
condition that involves some temporary substantial incapacity or 462
mental illness or condition that would normally require 463
psychiatric treatment. 464
(3) "PRIVATE CHILD PLACING AGENCY" HAS THE SAME MEANING AS 466
IN SECTION 2151.011 OF THE REVISED CODE. 468
Sec. 2903.22. (A) No person shall knowingly cause another 477
to believe that the offender will cause physical harm to the 478
person or property of such THE other person, such THE other 479
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person's unborn, or a member of the other person's immediate 481
family.
(B) Whoever violates this section is guilty of menacing,. 483
EXCEPT AS OTHERWISE PROVIDED IN THIS DIVISION, MENACING IS a 484
misdemeanor of the fourth degree. IF THE VICTIM OF THE OFFENSE 485
IS AN OFFICER OR EMPLOYEE OF A PUBLIC CHILDREN SERVICES AGENCY OR 487
A PRIVATE CHILD PLACING AGENCY AND THE OFFENSE RELATES TO THE 488
OFFICER'S OR EMPLOYEE'S PERFORMANCE OR ANTICIPATED PERFORMANCE OF 489
OFFICIAL RESPONSIBILITIES OR DUTIES DESCRIBED IN SECTION 2151.14,
2151.141, 2151.33, 2151.353, 2151.412, 2151.413, 2151.414, 490
2151.415, 2151.416, 2151.417, OR 2151.421 OR ANOTHER SECTION OF 491
THE REVISED CODE, MENACING IS A MISDEMEANOR OF THE FIRST DEGREE 493
OR, IF THE OFFENDER PREVIOUSLY HAS BEEN CONVICTED OF OR PLEADED
GUILTY TO A VIOLATION OF THIS SECTION INVOLVING AN OFFICER OR 494
EMPLOYEE OF A PUBLIC CHILDREN SERVICES AGENCY OR PRIVATE CHILD 495
PLACING AGENCY, A FELONY OF THE FOURTH DEGREE. 496
(C) AS USED IN THIS SECTION, "PRIVATE CHILD PLACING 499
AGENCY" HAS THE SAME MEANING AS IN SECTION 2151.011 OF THE 500
REVISED CODE. 501
Section 2. That existing sections 2151.141, 2903.13, 503
2903.21, 2903.211, and 2903.22 of the Revised Code are hereby 505
repealed.