As Reported by the Senate Judiciary Committee 1
123rd General Assembly 4
Regular Session Sub. H. B. No. 412 5
1999-2000 6
REPRESENTATIVES SALERNO-FORD-GOODMAN-D. MILLER-O'BRIEN- 8
PATTON-SCHURING-SULLIVAN-THOMAS-TIBERI-WOMER BENJAMIN- 9
WILLAMOWSKI-WILSON-ALLEN-OGG-ROBERTS-BENDER-DISTEL-VERICH- 10
REDFERN-TERWILLEGER-METZGER-HARRIS-BRITTON-CORBIN- 12
SENATOR FINGERHUT
_________________________________________________________________ 14
A B I L L
To amend sections 2151.141, 2903.13, 2903.21, 16
2903.211, 2903.22, and 5153.163 and to enact 17
section 2151.142 of the Revised Code to increase 18
the penalties for assaulting or menacing 19
personnel of public children services agencies
and private child placing agencies, to declare 21
the residential addresses of those personnel to
be confidential information that is not subject 23
to disclosure by specified persons or obtainable
as a part of a public record, except by 25
journalists in specified circumstances, and to 26
permit a public children services agency to use 27
state funds for an adopted child's residential 28
treatment if that child's handicap or condition 29
requires expenses beyond the adoptive parent's 30
economic resources.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 32
Section 1. That sections 2151.141, 2903.13, 2903.21, 34
2903.211, 2903.22, and 5153.163 be amended and section 2151.142 36
of the Revised Code be enacted to read as follows:
Sec. 2151.141. (A) If a complaint filed with respect to a 45
child pursuant to section 2151.27 of the Revised Code alleges 46
2
that a child is an abused, neglected, or dependent child, any 47
individual or entity that is listed in divisions (D)(1)(a) to (k) 48
of section 2151.14 of the Revised Code and that is investigating 49
whether the child is an abused, neglected, or dependent child, 50
has custody of the child, is preparing a social history for the 51
child, or is providing any services for the child may request any 52
board of education, governing body of a chartered nonpublic 53
school, public children services agency, private child placing 54
agency, probation department, law enforcement agency, or 55
prosecuting attorney that has any records related to the child to 56
provide the individual or entity with a copy of the records. The 57
request shall be in writing, describe the type of records 58
requested, explain the need for the records, be accompanied by a 59
copy of the complaint, and describe the relationship of the 60
requesting individual or entity to the child. The individual or 61
entity shall provide a copy of the request to the child in 62
question, the attorney or guardian ad litem of the child, and the 63
parent, guardian, or custodian of the child. 64
(B)(1) Any board of education, governing body of a 66
chartered nonpublic school, public children services agency, 67
private child placing agency, probation department, law 68
enforcement agency, or prosecuting attorney that has any records 69
related to a child who is the subject of a complaint as described 70
in division (A) of this section and that receives a request for a 71
copy of the records pursuant to division (A) of this section 72
shall comply with the request, unless the individual or entity 73
determines that it is unable to do so because it is prohibited by 74
law from complying with the request, the request does not comply 75
with division (A) of this section, or a complaint as described in 76
division (A) of this section has not been filed with respect to 77
the child who is the subject of the requested records. If the 78
individual or entity determines that it is unable to comply with 79
the request, it shall file a motion with the court in which the 80
complaint as described in division (A) of this section was filed 81
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or was alleged to have been filed requesting the court to 82
determine the extent to which it is required to comply with the 83
request for records. Upon the filing of the motion, the court 84
immediately shall hold a hearing on the motion, determine the 85
extent to which the movant is required to comply with the request 86
for records, and issue findings of fact and conclusions of law in 87
support of its determination. The determination of the court 88
shall be final. If the court determines that the movant is 89
required to comply with the request for records, it shall 90
identify the specific records that must be supplied to the 91
individual or entity that requested them. 92
(2) In addition to or in lieu of the motion described in 94
division (B)(1) of this section, a law enforcement agency or 95
prosecuting attorney that receives a request for a copy of 96
records pursuant to division (A) of this section may file a 97
motion for a protective order as described in this division with 98
the court in which the complaint as described in division (A) of 99
this section was filed or alleged to have been filed. Upon the 100
filing of such a motion OF THAT NATURE, the court shall conduct a 102
hearing on the motion. If at the hearing the law enforcement 103
agency or prosecuting attorney demonstrates that any of the 104
following applies and if, after considering the purposes for 105
which the records were requested pursuant to division (A) of this 106
section, the best interest of the child, and any demonstrated 107
need to prevent specific information in the records from being 108
disclosed, the court determines that the issuance of a protective 109
order is necessary, then the court shall issue a protective order 110
that appropriately limits the disclosure of one or more specified 111
records or specified information in one or more specified 112
records: 113
(a) The records or information in the records relate to a 115
case in which the child is alleged to be a delinquent child or a 116
case in which a child is bound over for trial as an adult 117
pursuant to section 2151.26 of the Revised Code and Juvenile Rule 118
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30, and the adjudication hearing in the case, the trial in the 119
case, or other disposition of the case has not been concluded. 120
(b) The records in question, or the records containing the 122
information in question, are confidential law enforcement 123
investigatory records, as defined in section 149.43 of the 124
Revised Code. 125
(c) The records or information in the records relate to a 127
case in which the child is or was alleged to be a delinquent 128
child or to a case in which a child is or was bound over for 129
trial as an adult pursuant to section 2151.26 of the Revised Code 130
and Juvenile Rule 30; another case is pending against any child 131
or any adult in which the child is alleged to be a delinquent 132
child, the child is so bound over for trial as an adult, or the 133
adult is alleged to be a criminal offender; the allegations in 134
the case to which the records or information relate and the 135
allegations in the other case are based on the same act or 136
transaction, are based on two or more connected transactions or 137
constitute parts of a common scheme or plan, or are part of a 138
course of criminal conduct; and the adjudication hearing in, 139
trial in, or other disposition of the other case has not been 140
concluded. 141
(C) If an individual or entity is required to provide 143
copies of records pursuant to this section, the individual or 144
entity may charge a fee for the copies that does not exceed the 145
cost of supplying them. 146
(D) This section shall not be construed to require, 148
authorize, or permit, and does not require, authorize, or permit, 149
the dissemination of any records or any information contained in 150
any records if the dissemination of the records or information 151
generally is prohibited by any provision SECTION 2151.142 OR 152
ANOTHER SECTION of the Revised Code and a WAIVER AS DESCRIBED IN 154
DIVISION (B)(1) OF SECTION 2151.142 OF THE REVISED CODE OR A 155
specific provision of the Revised Code does not specifically
authorize or permit the dissemination of the records or 156
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information pursuant to this section. 157
Sec. 2151.142. (A) AS USED IN THIS SECTION, "PUBLIC 160
RECORD" AND "JOURNALIST" HAVE THE SAME MEANINGS AS IN SECTION 161
149.43 OF THE REVISED CODE. 164
(B) BOTH OF THE FOLLOWING APPLY TO THE RESIDENTIAL ADDRESS 167
OF EACH OFFICER OR EMPLOYEE OF A PUBLIC CHILDREN SERVICES AGENCY 168
OR A PRIVATE CHILD PLACING AGENCY WHO PERFORMS OFFICIAL
RESPONSIBILITIES OR DUTIES DESCRIBED IN SECTION 2151.14, 169
2151.141, 2151.33, 2151.353, 2151.412, 2151.413, 2151.414, 170
2151.415, 2151.416, 2151.417, OR 2151.421 OR ANOTHER SECTION OF 171
THE REVISED CODE AND TO THE RESIDENTIAL ADDRESS OF PERSONS 172
RELATED TO THAT OFFICER OR EMPLOYEE BY CONSANGUINITY OR AFFINITY: 173
(1) OTHER OFFICERS AND EMPLOYEES OF A PUBLIC CHILDREN 175
SERVICES AGENCY, PRIVATE CHILD PLACING AGENCY, JUVENILE COURT, OR 176
LAW ENFORCEMENT AGENCY SHALL CONSIDER THOSE RESIDENTIAL ADDRESSES 177
TO BE CONFIDENTIAL INFORMATION. THE OFFICER OR EMPLOYEE OF THE 178
PUBLIC CHILDREN SERVICES AGENCY OR PRIVATE CHILD PLACING AGENCY 179
MAY WAIVE THE CONFIDENTIALITY OF THOSE RESIDENTIAL ADDRESSES BY 181
GIVING EXPRESS PERMISSION FOR THEIR DISCLOSURE TO OTHER OFFICERS
OR EMPLOYEES OF A PUBLIC CHILDREN SERVICES AGENCY, PRIVATE CHILD 182
PLACING AGENCY, JUVENILE COURT, OR LAW ENFORCEMENT AGENCY. 183
(2) TO THE EXTENT THAT THOSE RESIDENTIAL ADDRESSES ARE 185
CONTAINED IN PUBLIC RECORDS KEPT BY A PUBLIC CHILDREN SERVICES 186
AGENCY, PRIVATE CHILD PLACING AGENCY, JUVENILE COURT, OR LAW 188
ENFORCEMENT AGENCY, THEY SHALL NOT BE CONSIDERED TO BE 190
INFORMATION THAT IS SUBJECT TO INSPECTION OR COPYING AS PART OF A
PUBLIC RECORD UNDER SECTION 149.43 OF THE REVISED CODE. 192
(C) EXCEPT AS PROVIDED IN DIVISION (D) OF THIS SECTION, 194
IN THE ABSENCE OF A WAIVER AS DESCRIBED IN DIVISION (B)(1) OF 196
THIS SECTION, NO OFFICER OR EMPLOYEE OF A PUBLIC CHILDREN 197
SERVICES AGENCY, PRIVATE CHILD PLACING AGENCY, JUVENILE COURT, OR 198
LAW ENFORCEMENT AGENCY SHALL DISCLOSE THE RESIDENTIAL ADDRESS OF 199
AN OFFICER OR EMPLOYEE OF A PUBLIC CHILDREN SERVICES AGENCY OR 200
PRIVATE CHILD PLACING AGENCY, OR THE RESIDENTIAL ADDRESS OF A
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PERSON RELATED TO THAT OFFICER OR EMPLOYEE BY CONSANGUINITY OR 201
AFFINITY, THAT IS CONFIDENTIAL INFORMATION UNDER DIVISION (B)(1) 202
OF THIS SECTION TO ANY PERSON, WHEN THE DISCLOSING OFFICER OR 203
EMPLOYEE KNOWS THAT THE PERSON IS OR MAY BE A SUBJECT OF AN 205
INVESTIGATION, INTERVIEW, EXAMINATION, CRIMINAL CASE, OTHER CASE, 206
OR OTHER MATTER WITH WHICH THE OFFICER OR EMPLOYEE TO WHOM THE 207
RESIDENTIAL ADDRESS RELATES CURRENTLY IS OR HAS BEEN ASSOCIATED. 209
(D) IF, ON OR AFTER THE EFFECTIVE DATE OF THIS SECTION, A 211
JOURNALIST REQUESTS A PUBLIC CHILDREN SERVICES AGENCY, PRIVATE 212
CHILD PLACING AGENCY, JUVENILE COURT, OR LAW ENFORCEMENT AGENCY 213
TO DISCLOSE A RESIDENTIAL ADDRESS THAT IS CONFIDENTIAL 214
INFORMATION UNDER DIVISION (B)(1) OF THIS SECTION, THE AGENCY OR 215
JUVENILE COURT SHALL DISCLOSE TO THE JOURNALIST THE RESIDENTIAL 216
ADDRESS IF ALL OF THE FOLLOWING APPLY: 217
(1) THE REQUEST IS IN WRITING, IS SIGNED BY THE 219
JOURNALIST, INCLUDES THE JOURNALIST'S NAME AND TITLE, AND 220
INCLUDES THE NAME AND ADDRESS OF THE JOURNALIST'S EMPLOYER. 222
(2) THE REQUEST STATES THAT DISCLOSURE OF THE RESIDENTIAL 224
ADDRESS WOULD BE IN THE PUBLIC INTEREST. 225
(3) THE REQUEST ADEQUATELY IDENTIFIES THE PERSON WHOSE 227
RESIDENTIAL ADDRESS IS REQUESTED. 228
(4) THE PUBLIC CHILDREN SERVICES AGENCY, PRIVATE CHILD 230
PLACING AGENCY, JUVENILE COURT, OR LAW ENFORCEMENT AGENCY 231
RECEIVING THE REQUEST IS ONE OF THE FOLLOWING: 232
(a) THE AGENCY OR JUVENILE COURT WITH WHICH THE OFFICIAL 234
IN QUESTION SERVES OR WITH WHICH THE EMPLOYEE IN QUESTION IS 235
EMPLOYED; 236
(b) THE AGENCY OR JUVENILE COURT THAT HAS CUSTODY OF THE 238
RECORDS OF THE AGENCY WITH WHICH THE OFFICIAL IN QUESTION SERVES 239
OR WITH WHICH THE EMPLOYEE IN QUESTION IS EMPLOYED. 240
Sec. 2903.13. (A) No person shall knowingly cause or 249
attempt to cause physical harm to another or to another's unborn. 250
(B) No person shall recklessly cause serious physical harm 252
to another or to another's unborn. 253
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(C) Whoever violates this section is guilty of assault. 255
Except as otherwise provided in division (C)(1), (2), or (3), 257
(4), OR (5) of this section, assault is a misdemeanor of the 259
first degree.
(1) Except as otherwise provided in this division, if the 261
offense is committed by a caretaker against a functionally 263
impaired person under the caretaker's care, assault is a felony 264
of the fourth degree. If the offense is committed by a caretaker 265
against a functionally impaired person under the caretaker's 266
care, if the offender previously has been convicted of or pleaded 268
guilty to a violation of this section or section 2903.11 or 269
2903.16 of the Revised Code, and if in relation to the previous 270
conviction the offender was a caretaker and the victim was a 271
functionally impaired person under the offender's care, assault 272
is a felony of the third degree. 273
(2) If the offense is committed in any of the following 275
circumstances, assault is a felony of the fifth degree: 276
(a) The offense occurs in or on the grounds of a state 278
correctional institution or an institution of the department of 279
youth services, the victim of the offense is an employee of the 280
department of rehabilitation and correction, the department of 281
youth services, or a probation department or is on the premises 282
of the particular institution for business purposes or as a 283
visitor, and the offense is committed by a person incarcerated in 284
the state correctional institution, by a person institutionalized 285
in the department of youth services institution pursuant to a 286
commitment to the department of youth services, by a probationer 288
or parolee, by an offender under transitional control, under a 290
community control sanction, or on an escorted visit, by a person
under post-release control, or by an offender under any other 293
type of supervision by a government agency.
(b) The offense occurs in or on the grounds of a local 295
correctional facility, the victim of the offense is an employee 296
of the local correctional facility or a probation department or 297
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is on the premises of the facility for business purposes or as a 298
visitor, and the offense is committed by a person who is under 299
custody in the facility subsequent to the person's arrest for any 300
crime or delinquent act, subsequent to the person's being charged 302
with or convicted of any crime, or subsequent to the person's 304
being alleged to be or adjudicated a delinquent child. 305
(c) The offense occurs off the grounds of a state 307
correctional institution and off the grounds of an institution of 308
the department of youth services, the victim of the offense is an 309
employee of the department of rehabilitation and correction, the 310
department of youth services, or a probation department, the 311
offense occurs during the employee's official work hours and 312
while the employee is engaged in official work responsibilities, 313
and the offense is committed by a person incarcerated in a state 315
correctional institution or institutionalized in the department 316
of youth services who temporarily is outside of the institution 317
for any purpose, by a probationer or parolee, by an offender 319
under transitional control, under a community control sanction, 320
or on an escorted visit, by a person under post-release control, 321
or by an offender under any other type of supervision by a 322
government agency.
(d) The offense occurs off the grounds of a local 324
correctional facility, the victim of the offense is an employee 325
of the local correctional facility or a probation department, the 326
offense occurs during the employee's official work hours and 327
while the employee is engaged in official work responsibilities, 328
and the offense is committed by a person who is under custody in 329
the facility subsequent to the person's arrest for any crime or 330
delinquent act, subsequent to the person being charged with or 331
convicted of any crime, or subsequent to the person being alleged 332
to be or adjudicated a delinquent child and who temporarily is 334
outside of the facility for any purpose or by a probationer or 335
parolee, by an offender under transitional control, under a 336
community control sanction, or on an escorted visit, by a person 337
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under post-release control, or by an offender under any other 338
type of supervision by a government agency. 339
(e) The victim of the offense is a school teacher or 341
administrator or a school bus operator, and the offense occurs in 342
a school, on school premises, in a school building, on a school 344
bus, or while the victim is outside of school premises or a 345
school bus and is engaged in duties or official responsibilities 346
associated with the victim's employment or position as a school 348
teacher or administrator or a school bus operator, including, but 349
not limited to, driving, accompanying, or chaperoning students at 350
or on class or field trips, athletic events, or other school 351
extracurricular activities or functions outside of school 352
premises.
(3) If the victim of the offense is a peace officer, a 354
firefighter, or a person performing emergency medical service, 356
while in the performance of their official duties, assault is a 357
felony of the fourth degree. 358
(4) If the victim of the offense is a peace officer and if 360
the victim suffered serious physical harm as a result of the 361
commission of the offense, assault is a felony of the fourth 362
degree, and the court, pursuant to division (F) of section 363
2929.13 of the Revised Code, shall impose as a mandatory prison 364
term one of the prison terms prescribed for a felony of the 365
fourth degree that is at least twelve months in duration.
(5) IF THE VICTIM OF THE OFFENSE IS AN OFFICER OR EMPLOYEE 367
OF A PUBLIC CHILDREN SERVICES AGENCY OR A PRIVATE CHILD PLACING 368
AGENCY AND THE OFFENSE RELATES TO THE OFFICER'S OR EMPLOYEE'S 369
PERFORMANCE OR ANTICIPATED PERFORMANCE OF OFFICIAL 370
RESPONSIBILITIES OR DUTIES, ASSAULT IS EITHER A FELONY OF THE
FIFTH DEGREE OR, IF THE OFFENDER PREVIOUSLY HAS BEEN CONVICTED OF 372
OR PLEADED GUILTY TO AN OFFENSE OF VIOLENCE, THE VICTIM OF THAT 373
PRIOR OFFENSE WAS AN OFFICER OR EMPLOYEE OF A PUBLIC CHILDREN 374
SERVICES AGENCY OR PRIVATE CHILD PLACING AGENCY, AND THAT PRIOR 375
OFFENSE RELATED TO THE OFFICER'S OR EMPLOYEE'S PERFORMANCE OR
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ANTICIPATED PERFORMANCE OF OFFICIAL RESPONSIBILITIES OR DUTIES, A 376
FELONY OF THE FOURTH DEGREE. 377
(D) As used in this section: 379
(a)(1) "Peace officer" has the same meaning as in section 381
2935.01 of the Revised Code. 382
(b)(2) "Firefighter" has the same meaning as in section 385
3937.41 of the Revised Code. 386
(c)(3) "Emergency medical service" has the same meaning as 388
in section 4765.01 of the Revised Code. 389
(d)(4) "Local correctional facility" means a county, 391
multicounty, municipal, municipal-county, or 392
multicounty-municipal jail or workhouse, a minimum security jail 394
established under section 341.23 or 753.21 of the Revised Code, 395
or another county, multicounty, municipal, municipal-county, or 396
multicounty-municipal facility used for the custody of persons 397
arrested for any crime or delinquent act, persons charged with or 398
convicted of any crime, or persons alleged to be or adjudicated a 399
delinquent child.
(e)(5) "Employee of a local correctional facility" means a 401
person who is an employee of the political subdivision or of one 402
or more of the affiliated political subdivisions that operates 403
the local correctional facility and who operates or assists in 404
the operation of the facility. 405
(f)(6) "School teacher or administrator" means either of 407
the following: 408
(i)(a) A person who is employed in the public schools of 410
the state under a contract described in section 3319.08 of the 412
Revised Code in a position in which the person is required to 413
have a certificate issued pursuant to sections 3319.22 to 414
3319.311 of the Revised Code.
(ii)(b) A person who is employed by a nonpublic school for 416
which the state board of education prescribes minimum standards 418
under section 3301.07 of the Revised Code and who is certificated 419
in accordance with section 3301.071 of the Revised Code. 420
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(g)(7) "Community control sanction" has the same meaning 422
as in section 2929.01 of the Revised Code. 424
(h)(8) "Escorted visit" means an escorted visit granted 426
under section 2967.27 of the Revised Code. 427
(i)(9) "Post-release control" and "transitional control" 429
have the same meanings as in section 2967.01 of the Revised Code. 431
Sec. 2903.21. (A) No person shall knowingly cause another 440
to believe that the offender will cause serious physical harm to 441
the person or property of such THE other person, such THE other 442
person's unborn, or a member of the other person's immediate 443
family.
(B) Whoever violates this section is guilty of aggravated 445
menacing,. EXCEPT AS OTHERWISE PROVIDED IN THIS DIVISION, 446
AGGRAVATED MENACING IS a misdemeanor of the first degree. IF THE 447
VICTIM OF THE OFFENSE IS AN OFFICER OR EMPLOYEE OF A PUBLIC 448
CHILDREN SERVICES AGENCY OR A PRIVATE CHILD PLACING AGENCY AND 449
THE OFFENSE RELATES TO THE OFFICER'S OR EMPLOYEE'S PERFORMANCE OR 450
ANTICIPATED PERFORMANCE OF OFFICIAL RESPONSIBILITIES OR DUTIES, 451
AGGRAVATED MENACING IS A FELONY OF THE FIFTH DEGREE OR, IF THE 453
OFFENDER PREVIOUSLY HAS BEEN CONVICTED OF OR PLEADED GUILTY TO AN 454
OFFENSE OF VIOLENCE, THE VICTIM OF THAT PRIOR OFFENSE WAS AN
OFFICER OR EMPLOYEE OF A PUBLIC CHILDREN SERVICES AGENCY OR 455
PRIVATE CHILD PLACING AGENCY, AND THAT PRIOR OFFENSE RELATED TO 456
THE OFFICER'S OR EMPLOYEE'S PERFORMANCE OR ANTICIPATED 457
PERFORMANCE OF OFFICIAL RESPONSIBILITIES OR DUTIES, A FELONY OF
THE FOURTH DEGREE. 458
Sec. 2903.211. (A) No person by engaging in a pattern of 467
conduct shall knowingly cause another to believe that the 468
offender will cause physical harm to the other person or cause 469
mental distress to the other person. 470
(B) Whoever violates this section is guilty of menacing by 472
stalking. 473
(1) Except as otherwise provided in division DIVISIONS 475
(B)(2) AND (3) of this section, menacing by stalking is a 476
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misdemeanor of the first degree. 477
(2) Menacing by stalking is a felony of the fourth degree 479
if any of the following applies: 480
(a) The offender previously has been convicted of or 482
pleaded guilty to a violation of this section or a violation of 485
section 2911.211 of the Revised Code.
(b) In committing the offense, the offender made a threat 487
of physical harm to or against the victim. 488
(c) In committing the offense, the offender trespassed on 490
the land or premises where the victim lives, is employed, or 491
attends school. 492
(d) The victim of the offense is a minor. 494
(e) The offender has a history of violence toward the 496
victim or any other person or a history of other violent acts 497
toward the victim or any other person. 498
(f) While committing the offense, the offender had a 500
deadly weapon on or about the offender's person or under the 501
offender's control. 502
(g) At the time of the commission of the offense, the 504
offender was the subject of a protection order issued under 505
section 2903.213 or 2903.214 of the Revised Code, regardless of 506
whether the person to be protected under the order is the victim 507
of the offense or another person. 508
(h) In committing the offense, the offender caused serious 510
physical harm to the premises at which the victim resides, to the 512
real property on which that premises is located, or to any 513
personal property located on that premises. 514
(i) Prior to committing the offense, the offender had been 516
determined to represent a substantial risk of physical harm to 518
others as manifested by evidence of then-recent homicidal or 519
other violent behavior, evidence of then-recent threats that 520
placed another in reasonable fear of violent behavior and serious
physical harm, or other evidence of then-present dangerousness. 521
(3) IF THE VICTIM OF THE OFFENSE IS AN OFFICER OR EMPLOYEE 523
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OF A PUBLIC CHILDREN SERVICES AGENCY OR A PRIVATE CHILD PLACING 524
AGENCY AND THE OFFENSE RELATES TO THE OFFICER'S OR EMPLOYEE'S 525
PERFORMANCE OR ANTICIPATED PERFORMANCE OF OFFICIAL 526
RESPONSIBILITIES OR DUTIES, MENACING BY STALKING IS EITHER A 527
FELONY OF THE FIFTH DEGREE OR, IF THE OFFENDER PREVIOUSLY HAS 528
BEEN CONVICTED OF OR PLEADED GUILTY TO AN OFFENSE OF VIOLENCE, 529
THE VICTIM OF THAT PRIOR OFFENSE WAS AN OFFICER OR EMPLOYEE OF A 530
PUBLIC CHILDREN SERVICES AGENCY OR PRIVATE CHILD PLACING AGENCY,
AND THAT PRIOR OFFENSE RELATED TO THE OFFICER'S OR EMPLOYEE'S 531
PERFORMANCE OR ANTICIPATED PERFORMANCE OF OFFICIAL 532
RESPONSIBILITIES OR DUTIES, A FELONY OF THE FOURTH DEGREE. 533
(C) Section 2919.271 of the Revised Code applies in 535
relation to a defendant charged with a violation of this section. 536
(D) As used in this section: 538
(1) "Pattern of conduct" means two or more actions or 540
incidents closely related in time, whether or not there has been 541
a prior conviction based on any of those actions or incidents. 542
Actions or incidents that prevent, obstruct, or delay the 543
performance by a public official, firefighter, rescuer, or 544
emergency medical services person of any authorized act within 545
the public official's, firefighter's, rescuer's, or emergency 546
medical services person's official capacity may constitute a 547
"pattern of conduct."
(2) "Mental distress" means any mental illness or 549
condition that involves some temporary substantial incapacity or 550
mental illness or condition that would normally require 551
psychiatric treatment. 552
(3) "Emergency medical services person" is the singular of 554
"emergency medical services personnel" as defined in section 555
2133.21 of the Revised Code.
(4) "Public official" has the same meaning as in section 557
2921.01 of the Revised Code. 558
Sec. 2903.22. (A) No person shall knowingly cause another 567
to believe that the offender will cause physical harm to the 568
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person or property of such THE other person, such THE other 569
person's unborn, or a member of the other person's immediate 571
family.
(B) Whoever violates this section is guilty of menacing,. 573
EXCEPT AS OTHERWISE PROVIDED IN THIS DIVISION, MENACING IS a 574
misdemeanor of the fourth degree. IF THE VICTIM OF THE OFFENSE 575
IS AN OFFICER OR EMPLOYEE OF A PUBLIC CHILDREN SERVICES AGENCY OR 577
A PRIVATE CHILD PLACING AGENCY AND THE OFFENSE RELATES TO THE 578
OFFICER'S OR EMPLOYEE'S PERFORMANCE OR ANTICIPATED PERFORMANCE OF 579
OFFICIAL RESPONSIBILITIES OR DUTIES, MENACING IS A MISDEMEANOR OF
THE FIRST DEGREE OR, IF THE OFFENDER PREVIOUSLY HAS BEEN 580
CONVICTED OF OR PLEADED GUILTY TO AN OFFENSE OF VIOLENCE, THE 581
VICTIM OF THAT PRIOR OFFENSE WAS AN OFFICER OR EMPLOYEE OF A 582
PUBLIC CHILDREN SERVICES AGENCY OR PRIVATE CHILD PLACING AGENCY,
AND THAT PRIOR OFFENSE RELATED TO THE OFFICER'S OR EMPLOYEE'S 583
PERFORMANCE OR ANTICIPATED PERFORMANCE OF OFFICIAL 584
RESPONSIBILITIES OR DUTIES, A FELONY OF THE FOURTH DEGREE. 585
Sec. 5153.163. (A) As used in this section, "adoptive 594
parent" means, as the context requires, a prospective adoptive 596
parent or an adoptive parent.
(B)(1) If a public children services agency considers a 600
child with special needs residing in the county served by the
agency to be in need of public care or protective services and 601
all of the following apply, the agency shall enter into an 602
agreement with the child's adoptive parent before the child is 603
adopted under which the agency shall make payments as needed on 604
behalf of the child: 605
(a) The adoptive parent has the capability of providing 607
the permanent family relationships needed by the child in all 608
areas except financial need as determined by the agency; 609
(b) The needs of the child are beyond the economic 611
resources of the adoptive parent as determined by the agency; 613
(c) The agency determines the acceptance of the child as a 616
member of the adoptive parent's family would not be in the 617
15
child's best interest without payments on the child's behalf 618
under this section.
(2) Payments to an adoptive parent under division (B) of 620
this section shall include medical, surgical, psychiatric, 621
psychological, and counseling expenses, and may include 622
maintenance costs if necessary and other costs incidental to the 623
care of the child. No payment of maintenance costs shall be made 624
under division (B) of this section on behalf of a child if either 626
of the following apply:
(a) The gross income of the adoptive parent's family 628
exceeds one hundred twenty per cent of the median income of a 629
family of the same size, including the child, as most recently 630
determined for this state by the secretary of health and human 631
services under Title XX of the "Social Security Act," 88 Stat. 632
2337, 42 U.S.C.A. 1397, as amended; 633
(b) The child is eligible for adoption assistance payments 636
for maintenance costs under Title IV-E of the "Social Security 637
Act," 94 Stat. 501 (1980), 42 U.S.C.A. 671, as amended. 638
Payments under division (B) of this section may begin 640
either before or after issuance of the final adoption decree, 641
except that payments made before issuance of the final adoption 642
decree may be made only while the child is living in the adoptive 643
parent's home. Preadoption payments may be made for not more 644
than twelve months, unless the final adoption decree is not 645
issued within that time because of a delay in court proceedings. 646
Payments that begin before issuance of the final adoption decree 647
may continue after its issuance.
(C) If a public children services agency considers a child 650
residing in the county served by the agency to be in need of 651
public care or protective services and both of the following 652
apply, the agency may, and to the extent state funds are 653
appropriated for this purpose shall, enter into an agreement with 654
the child's adoptive parent after the child is adopted under 656
which the agency shall make payments on behalf of the child as
16
needed: 657
(1) The child has a physical or developmental handicap or 659
mental or emotional condition that either: 660
(a) Existed before the adoption petition was filed; 662
(b) Developed after the adoption petition was filed and 665
can be attributed to factors in the child's preadoption
background, medical history, or biological family's background or 666
medical history. 667
(2) The agency determines the expenses necessitated by the 669
child's handicap or condition are beyond the adoptive parent's 670
economic resources. 671
Payments to an adoptive parent under this division shall 673
include medical, surgical, psychiatric, psychological, and 674
counseling expenses, but shall not include maintenance costs 675
INCLUDING RESIDENTIAL TREATMENT. 676
(D) No payment shall be made under division (B) or (C) of 678
this section on behalf of any person twenty-one years of age or 679
older. Payments under those divisions shall be made in 680
accordance with the terms of the agreement between the public 681
children services agency and the adoptive parent, subject to an 682
annual redetermination of need. The agency may use sources of 684
funding in addition to any state funds appropriated for the 685
purposes of those divisions.
The director of job and family services shall adopt rules 689
in accordance with Chapter 119. of the Revised Code that are 690
needed to implement this section. The rules shall establish all
of the following: 691
(1) The application process for payments under this 693
section;
(2) The method to determine the amounts and kinds of 695
assistance payable under this section; 696
(3) The definition of "child with special needs" for this 698
section.
The rules shall allow for payments for children placed by 700
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nonpublic agencies. 701
(E) No public children services agency shall, pursuant to 703
either section 2151.353 or 5103.15 of the Revised Code, place or 704
maintain a child with special needs who is in the permanent 705
custody of an institution or association certified by the 707
department of job and family services under section 5103.03 of
the Revised Code in a setting other than with a person seeking to 709
adopt the child, unless the agency has determined and 710
redetermined at intervals of not more than six months the 711
impossibility of adoption by a person listed pursuant to division 712
(B), (C), or (D) of section 5103.154 of the Revised Code, 713
including the impossibility of entering into a payment agreement 715
with such a person. The agency so maintaining such a child shall 716
report its reasons for doing so to the department of job and 717
family services. No agency that fails to so determine, 718
redetermine, and report shall receive more than fifty per cent of 719
the state funds to which it would otherwise be eligible for that 720
part of the fiscal year following placement under section 5101.14 721
of the Revised Code. 722
Section 2. That existing sections 2151.141, 2903.13, 724
2903.21, 2903.211, 2903.22, and 5153.163 of the Revised Code are 726
hereby repealed.