As Passed by the House 1
123rd General Assembly 4
Regular Session Am. Sub. H.B. No. 448 5
1999-2000 6
REPRESENTATIVES METZGER-FORD-HARRIS-TIBERI-O'BRIEN-WINKLER- 8
HARTNETT-OLMAN-JERSE-HOLLISTER-DePIERO-TERWILLEGER- 9
BRITTON-FLANNERY-CALVERT-MOTTLEY-GRENDELL-CAREY- 11
AUSTRIA-WOMER BENJAMIN-GOODMAN-SALERNO-ALLEN-
DISTEL-VERICH-HOLLISTER-OLMAN-SCHURING-HOOPS-SMITH- 13
R. MILLER-PRINGLE-BENDER-DAMSCHRODER-VESPER-METTLER-
MEAD-WILSON-JONES-ASLANIDES-REDFERN-MYERS-BRADING- 15
A. CORE-BUEHRER-SCHUCK-BARRETT-JACOBSON-BARNES- 16
ROBERTS-BOYD-J. BEATTY-GOODING-PATTON-PERRY
_________________________________________________________________ 17
A B I L L
To amend sections 109.572, 117.13, 121.22, 149.43, 19
305.14, 307.441, 2151.011, 2151.312, 2151.331, 20
2151.34, 2151.353, 2151.411, 2151.414, 2151.418,
2151.421, 2151.424, 2151.55, 2151.554, 2151.62, 21
2151.86, 2317.02, 2907.08, 3107.012, 3107.02, 22
3107.13, 3107.14, 3313.472, 3313.64, 3323.01, 23
4731.22, 5101.14, 5101.141, 5101.143, 5103.02,
5103.033, 5103.161, 5111.20, 5123.77, 5153.01, 24
5153.131, 5153.16, and 5153.161 and to enact 25
sections 117.191, 307.621, 307.622, 307.623, 26
307.624, 307.625, 307.626, 307.627, 307.628, 27
307.629, 3107.014, 3701.045, 3705.071, 5101.145,
5101.146, 5101.147, 5101.148, 5101.149, 5103.034, 28
5103.035, 5103.036, 5103.037, 5153.112, 5153.171, 30
5153.172, 5153.173, and 5153.60 to 5153.78 of the
Revised Code to revise the law governing audits 32
of public children services agencies, private
child placing agencies, and private noncustodial 33
agencies; to require the establishment in each 34
county or region of a board for the purpose of 35
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reviewing deaths of children under age eighteen;
to permit a public children services agency to 36
employ legal counsel without the consent of the 37
court of common pleas; to establish rules and
procedures for fiscal accountability of child 38
welfare services; to require public children 39
services agencies to hire case workers with 40
undergraduate degrees in certain areas of study;
to make changes to the law governing foster care; 41
to require the Department of Job and Family 42
Services to develop a schedule of education 43
programs for assessors; to revise the law
governing how reports of child abuse or neglect 44
are maintained; and to establish the Ohio Child
Welfare Training program. 45
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 47
Section 1. That sections 109.572, 117.13, 121.22, 149.43, 49
305.14, 307.441, 2151.011, 2151.312, 2151.331, 2151.34, 2151.353, 50
2151.411, 2151.414, 2151.418, 2151.421, 2151.424, 2151.55, 51
2151.554, 2151.62, 2151.86, 2317.02, 2907.08, 3107.012, 3107.02, 52
3107.13, 3107.14, 3313.472, 3313.64, 3323.01, 4731.22, 5101.14, 53
5101.141, 5101.143, 5103.02, 5103.033, 5103.161, 5111.20, 54
5123.77, 5153.01, 5153.131, 5153.16, and 5153.161 be amended and 55
sections 117.191, 307.621, 307.622, 307.623, 307.624, 307.625, 56
307.626, 307.627, 307.628, 307.629, 3107.014, 3701.045, 3705.071, 57
5101.145, 5101.146, 5101.147, 5101.148, 5101.149, 5103.034, 58
5103.035, 5103.036, 5103.037, 5153.112, 5153.171, 5153.172, 59
5153.173, 5153.60, 5153.61, 5153.62, 5153.63, 5153.64, 5153.65, 60
5153.66, 5153.67, 5153.68, 5153.69, 5153.70, 5153.71, 5153.72, 61
5153.73, 5153.74, 5153.75, 5153.76, 5153.77, and 5153.78 of the 63
Revised Code be enacted to read as follows: 64
Sec. 109.572. (A)(1) Upon receipt of a request pursuant 73
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to section 2151.86, 3301.32, 3301.541, 3319.39, 5104.012, 74
5104.013, or 5153.111 of the Revised Code, a completed form 76
prescribed pursuant to division (C)(1) of this section, and a set 77
of fingerprint impressions obtained in the manner described in 78
division (C)(2) of this section, the superintendent of the bureau 79
of criminal identification and investigation shall conduct a 80
criminal records check in the manner described in division (B) of 81
this section to determine whether any information exists that 82
indicates that the person who is the subject of the request 83
previously has been convicted of or pleaded guilty to any of the 84
following:
(a) A violation of section 2903.01, 2903.02, 2903.03, 86
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34, 87
2905.01, 2905.02, 2905.05, 2907.02, 2907.03, 2907.04, 2907.05, 89
2907.06, 2907.07, 2907.08, 2907.09, 2907.21, 2907.22, 2907.23, 90
2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323, 2911.01, 91
2911.02, 2911.11, 2911.12, 2919.12, 2919.22, 2919.24, 2919.25, 92
2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.04, 2925.05, 93
2925.06, or 3716.11 of the Revised Code, felonious sexual
penetration in violation of former section 2907.12 of the Revised 94
Code, a violation of section 2905.04 of the Revised Code as it 95
existed prior to July 1, 1996, a violation of section 2919.23 of 96
the Revised Code that would have been a violation of section 98
2905.04 of the Revised Code as it existed prior to July 1, 1996,
had the violation been committed prior to that date, or a 99
violation of section 2925.11 of the Revised Code that is not a 100
minor drug possession offense; 101
(b) A violation of an existing or former law of this 103
state, any other state, or the United States that is 104
substantially equivalent to any of the offenses listed in 105
division (A)(1)(a) of this section.
(2) On receipt of a request pursuant to section 5126.28 of 108
the Revised Code with respect to an applicant for employment in 110
any position with a county board of mental retardation and 111
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developmental disabilities or pursuant to section 5126.281 of the 112
Revised Code with respect to an applicant for employment in a 114
position with an entity contracting with a county board for 115
employment in a position that involves providing service directly 116
to individuals with mental retardation and developmental 117
disabilities, a completed form prescribed pursuant to division 118
(C)(1) of this section, and a set of fingerprint impressions 120
obtained in the manner described in division (C)(2) of this 121
section, the superintendent of the bureau of criminal 122
identification and investigation shall conduct a criminal records 124
check. The superintendent shall conduct the criminal records 125
check in the manner described in division (B) of this section to 126
determine whether any information exists that indicates that the 127
person who is the subject of the request has been convicted of or 129
pleaded guilty to any of the following:
(a) A violation of section 2903.01, 2903.02, 2903.03, 132
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34, 133
2905.01, 2905.02, 2905.04, 2905.05, 2907.02, 2907.03, 2907.04, 134
2907.05, 2907.06, 2907.07, 2907.08, 2907.09, 2907.12, 2907.21, 135
2907.22, 2907.23, 2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 136
2907.323, 2911.01, 2911.02, 2911.11, 2911.12, 2919.12, 2919.22, 137
2919.24, 2919.25, 2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 138
or 3716.11 of the Revised Code; 139
(b) An existing or former law of this state, any other 142
state, or the United States that is substantially equivalent to 143
any of the offenses listed in division (A)(2)(a) of this section. 144
(3) On receipt of a request pursuant to section 173.41, 146
3712.09, 3721.121, or 3722.151 of the Revised Code, a completed 148
form prescribed pursuant to division (C)(1) of this section, and 149
a set of fingerprint impressions obtained in the manner described 150
in division (C)(2) of this section, the superintendent of the 152
bureau of criminal identification and investigation shall conduct 153
a criminal records check with respect to any person who has 154
applied for employment in a position that involves providing 155
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direct care to an older adult. The superintendent shall conduct 156
the criminal records check in the manner described in division 157
(B) of this section to determine whether any information exists 159
that indicates that the person who is the subject of the request 160
previously has been convicted of or pleaded guilty to any of the 161
following:
(a) A violation of section 2903.01, 2903.02, 2903.03, 164
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34, 165
2905.01, 2905.02, 2905.11, 2905.12, 2907.02, 2907.03, 2907.05,
2907.06, 2907.07, 2907.08, 2907.09, 2907.12, 2907.25, 2907.31, 166
2907.32, 2907.321, 2907.322, 2907.323, 2911.01, 2911.02, 2911.11, 168
2911.12, 2911.13, 2913.02, 2913.03, 2913.04, 2913.11, 2913.21,
2913.31, 2913.40, 2913.43, 2913.47, 2913.51, 2919.25, 2921.36, 169
2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.11, 2925.13, 171
2925.22, 2925.23, or 3716.11 of the Revised Code; 172
(b) An existing or former law of this state, any other 175
state, or the United States that is substantially equivalent to 176
any of the offenses listed in division (A)(3)(a) of this section. 177
(4) On receipt of a request pursuant to section 3701.881 179
of the Revised Code with respect to an applicant for employment 181
with a home health agency as a person responsible for the care, 182
custody, or control of a child, a completed form prescribed 183
pursuant to division (C)(1) of this section, and a set of 184
fingerprint impressions obtained in the manner described in 185
division (C)(2) of this section, the superintendent of the bureau 186
of criminal identification and investigation shall conduct a 187
criminal records check. The superintendent shall conduct the
criminal records check in the manner described in division (B) of 189
this section to determine whether any information exists that 190
indicates that the person who is the subject of the request 191
previously has been convicted of or pleaded guilty to any of the
following: 192
(a) A violation of section 2903.01, 2903.02, 2903.03, 194
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34, 195
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2905.01, 2905.02, 2905.04, 2905.05, 2907.02, 2907.03, 2907.04, 196
2907.05, 2907.06, 2907.07, 2907.08, 2907.09, 2907.12, 2907.21, 197
2907.22, 2907.23, 2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 198
2907.323, 2911.01, 2911.02, 2911.11, 2911.12, 2919.12, 2919.22, 199
2919.24, 2919.25, 2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 200
2925.04, 2925.05, 2925.06, or 3716.11 of the Revised Code or a 202
violation of section 2925.11 of the Revised Code that is not a 203
minor drug possession offense; 204
(b) An existing or former law of this state, any other 206
state, or the United States that is substantially equivalent to 207
any of the offenses listed in division (A)(4)(a) of this section. 208
(5) On receipt of a request pursuant to section 3701.881 210
of the Revised Code with respect to an applicant for employment 211
with a home health agency in a position that involves providing 213
direct care to an older adult, a completed form prescribed 214
pursuant to division (C)(1) of this section, and a set of 215
fingerprint impressions obtained in the manner described in 216
division (C)(2) of this section, the superintendent of the bureau 217
of criminal identification and investigation shall conduct a 218
criminal records check. The superintendent shall conduct the
criminal records check in the manner described in division (B) of 220
this section to determine whether any information exists that 221
indicates that the person who is the subject of the request 222
previously has been convicted of or pleaded guilty to any of the
following: 223
(a) A violation of section 2903.01, 2903.02, 2903.03, 226
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34, 227
2905.01, 2905.02, 2905.11, 2905.12, 2907.02, 2907.03, 2907.05,
2907.06, 2907.07, 2907.08, 2907.09, 2907.12, 2907.25, 2907.31, 228
2907.32, 2907.321, 2907.322, 2907.323, 2911.01, 2911.02, 2911.11, 230
2911.12, 2911.13, 2913.02, 2913.03, 2913.04, 2913.11, 2913.21,
2913.31, 2913.40, 2913.43, 2913.47, 2913.51, 2919.25, 2921.36, 231
2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.11, 2925.13, 233
2925.22, 2925.23, or 3716.11 of the Revised Code; 234
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(b) An existing or former law of this state, any other 236
state, or the United States that is substantially equivalent to 237
any of the offenses listed in division (A)(5)(a) of this section. 238
(6) When conducting a criminal records check upon a 240
request pursuant to section 3319.39 of the Revised Code for an 241
applicant who is a teacher, IN ADDITION TO THE DETERMINATION MADE 242
UNDER DIVISION (A)(1) OF THIS SECTION, the superintendent shall 243
determine whether any information exists that indicates that the 245
person who is the subject of the request previously has been 246
convicted of or pleaded guilty to any offense specified in 247
section 3319.31 of the Revised Code. 248
(7) WHEN CONDUCTING A CRIMINAL RECORDS CHECK ON A REQUEST 250
PURSUANT TO SECTION 2151.86 OF THE REVISED CODE FOR A PERSON WHO 251
IS A PROSPECTIVE FOSTER CAREGIVER OR WHO IS TWELVE YEARS OLD OR 252
OLDER AND RESIDES IN THE HOME OF A PROSPECTIVE FOSTER CAREGIVER, 255
THE SUPERINTENDENT, IN ADDITION TO THE DETERMINATION MADE UNDER 257
DIVISION (A)(1) OF THIS SECTION, SHALL DETERMINE WHETHER ANY
INFORMATION EXISTS THAT INDICATES EITHER OF THE FOLLOWING: 258
(a) THAT THE PERSON HAS BEEN CONVICTED OF OR PLEADED 261
GUILTY TO A VIOLATION OF:
(i) SECTION 2909.02 OR 2909.03 OF THE REVISED CODE; 264
(ii) AN EXISTING OR FORMER LAW OF THIS STATE, ANY OTHER 266
STATE, OR THE UNITED STATES THAT IS SUBSTANTIALLY EQUIVALENT TO 267
SECTION 2909.02 OR 2909.03 OF THE REVISED CODE. 268
(b) THAT IN THE CASE OF A PERSON AT LEAST TWELVE YEARS OF 270
AGE BUT LESS THAN EIGHTEEN YEARS OF AGE RESIDING WITH A 272
PROSPECTIVE FOSTER CAREGIVER, THE PERSON HAS BEEN ADJUDICATED TO
BE A DELINQUENT CHILD FOR COMMITTING AN ACT THAT IF COMMITTED BY 274
AN ADULT WOULD HAVE BEEN A VIOLATION OF:
(i) SECTION 2903.01, 2903.02, 2903.11, 2903.12, 2903.13, 276
2907.02, 2907.03, 2907.05, 2907.06, 2909.02, OR 2909.03 OF THE 277
REVISED CODE; 278
(ii) AN EXISTING OR FORMER LAW OF THIS STATE, ANY OTHER 280
STATE, OR THE UNITED STATES THAT IS SUBSTANTIALLY EQUIVALENT TO 281
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ANY OF THE OFFENSES LISTED IN DIVISION (A)(7)(b)(i) OF THIS 283
SECTION.
(8) Not later than thirty days after the date the 285
superintendent receives the request, completed form, and 287
fingerprint impressions, the superintendent shall send the person 288
who made the request any information, other than information the 289
dissemination of which is prohibited by federal law, the 290
superintendent determines exists with respect to the person who 291
is the subject of the request that indicates that the person
previously has been convicted of or pleaded guilty to any offense 293
listed or described in division (A)(1), (2), (3), (4), or (5), 294
(6), OR (7) of this section, AS APPROPRIATE. The superintendent 295
shall send the person who made the request a copy of the list of 297
offenses specified in division (A)(1), (2), (3), (4), or (5), 299
(6), OR (7) of this section, AS APPROPRIATE. If the request was 301
made under section 3701.881 of the Revised Code with regard to an 302
applicant who may be both responsible for the care, custody, or
control of a child and involved in providing direct care to an 303
older adult, the superintendent shall provide a list of the 305
offenses specified in divisions (A)(4) and (5) of this section. 306
(B) The superintendent shall conduct any criminal records 308
check requested under section 173.41, 2151.86, 3301.32, 3301.541, 309
3319.39, 3701.881, 3712.09, 3721.121, 3722.151, 5104.012, 310
5104.013, 5126.28, 5126.281, or 5153.111 of the Revised Code as 311
follows:
(1) The superintendent shall review or cause to be 313
reviewed any relevant information gathered and compiled by the 314
bureau under division (A) of section 109.57 of the Revised Code 315
that relates to the person who is the subject of the request, 316
including any relevant information contained in records that have 317
been sealed under section 2953.32 of the Revised Code; 318
(2) If the request received by the superintendent asks for 320
information from the federal bureau of investigation, the 322
superintendent shall request from the federal bureau of
9
investigation any information it has with respect to the person 323
who is the subject of the request and shall review or cause to be 324
reviewed any information the superintendent receives from that 325
bureau.
(C)(1) The superintendent shall prescribe a form to obtain 327
the information necessary to conduct a criminal records check 328
from any person for whom a criminal records check is required by 329
section 173.41, 2151.86, 3301.32, 3301.541, 3319.39, 3701.881, 330
3712.09, 3721.121, 3722.151, 5104.012, 5104.013, 5126.28, 331
5126.281, or 5153.111 of the Revised Code. 332
(2) The superintendent shall prescribe standard impression 334
sheets to obtain the fingerprint impressions of any person for 335
whom a criminal records check is required by section 173.41, 336
2151.86, 3301.32, 3301.541, 3319.39, 3701.881, 3712.09, 3721.121, 337
3722.151, 5104.012, 5104.013, 5126.28, 5126.281, or 5153.111 of 338
the Revised Code. Any person for whom a records check is 339
required by any of those sections shall obtain the fingerprint 340
impressions at a county sheriff's office, municipal police 341
department, or any other entity with the ability to make 342
fingerprint impressions on the standard impression sheets
prescribed by the superintendent. The office, department, or 343
entity may charge the person a reasonable fee for making the 344
impressions. 345
(3) Subject to division (D) of this section, the 347
superintendent shall prescribe and charge a reasonable fee for 348
providing a criminal records check requested under section 349
173.41, 2151.86, 3301.32, 3301.541, 3319.39, 3701.881, 3712.09, 350
3721.121, 3722.151, 5104.012, 5104.013, 5126.28, 5126.281, or 351
5153.111 of the Revised Code. The person making a criminal 352
records request under section 173.41, 2151.86, 3301.32, 3301.541, 353
3319.39, 3701.881, 3712.09, 3721.121, 3722.151, 5104.012, 354
5104.013, 5126.28, 5126.281, or 5153.111 of the Revised Code 356
shall pay the fee prescribed pursuant to this division. A person 357
making a request under section 3701.881 of the Revised Code for a 358
10
criminal records check for an applicant who may be both
responsible for the care, custody, or control of a child and 359
involved in providing direct care to an older adult shall pay one 360
fee for the request.
(D) A determination whether any information exists that 362
indicates that a person previously has been convicted of or 363
pleaded guilty to any offense listed or described in division 364
(A)(1)(a) or (b), (A)(2)(a) or (b), (A)(3)(a) or (b), (A)(4)(a) 365
or (b), or (A)(5)(a) or (b), (A)(6), OR (A)(7)(a) OR (b) of this 369
section that is made by the superintendent with respect to 370
information considered in a criminal records check in accordance 371
with this section is valid for the person who is the subject of 372
the criminal records check for a period of one year from the date 373
upon which the superintendent makes the determination. During 374
the period in which the determination in regard to a person is 375
valid, if another request under this section is made for a 376
criminal records check for that person, the superintendent shall 377
provide the information that is the basis for the 378
superintendent's initial determination at a lower fee than the
fee prescribed for the initial criminal records check. 379
(E) As used in this section: 381
(1) "Criminal records check" means any criminal records 383
check conducted by the superintendent of the bureau of criminal 385
identification and investigation in accordance with division (B) 386
of this section.
(2) "Minor drug possession offense" has the same meaning 388
as in section 2925.01 of the Revised Code. 389
(3) "Older adult" means a person age sixty or older. 391
Sec. 117.13. (A) The costs of audits of state agencies 400
shall be recovered by the auditor of state in the following 401
manner: 402
(1) The costs of all audits of state agencies shall be 404
paid to the auditor of state on statements rendered by him THE 405
AUDITOR OF STATE. Money so received by the auditor of state shall 407
11
be paid into the state treasury to the credit of the public audit 408
expense fund--intrastate, which is hereby created, and shall be 409
used to pay costs related to such audits. The costs of all 410
annual and special audits of a state agency shall be charged to 411
the state agency being audited. The costs of all biennial audits 412
of a state agency shall be paid from money appropriated to the 413
department of administrative services for that purpose. The 414
costs of any assistant auditor, employee, or expert employed 415
pursuant to section 117.09 of the Revised Code called upon to 416
testify in any legal proceedings in regard to any audit, or 417
called upon to review or discuss any matter related to any audit, 418
may be charged to the state agency to which the audit relates. 419
(2) The auditor of state shall establish by rule rates to 421
be charged to state agencies or to the department of 422
administrative services for recovering the costs of audits of 423
state agencies. 424
(B) Any (1) EXCEPT AS PROVIDED IN DIVISION (B)(2) OF THIS 427
SECTION, ANY costs of an audit of a private institution, 428
association, board, or corporation receiving public money for its 429
use shall be charged to the public office providing the public 430
money in the same manner as costs of an audit of the public 431
office; 432
(2) THE COSTS OF AN AUDIT OF A PRIVATE CHILD PLACING 434
AGENCY OR PRIVATE NONCUSTODIAL AGENCY RECEIVING PUBLIC MONEY FOR 435
ITS USE SHALL BE CHARGED TO THE AGENCY BEING AUDITED IN THE SAME 436
MANNER AS COSTS OF AN AUDIT OF A PUBLIC OFFICE. 437
(C) The costs of audits of local public offices shall be 439
recovered by the auditor of state in the following manner: 440
(1) The total amount of compensation paid assistant 442
auditors of state, their expenses, the cost of employees assigned 443
to assist the assistant auditors of state, the cost of experts 444
employed pursuant to section 117.09 of the Revised Code, and the 445
cost of typing, reviewing, and copying reports shall be borne by 446
the public office to which such assistant auditors of state are 447
12
so assigned, except that annual vacation and sick leave of 448
assistant auditors of state, employees, and typists shall be 449
financed from the general revenue fund. The necessary traveling 450
and hotel expenses of the deputy inspectors and supervisors of 451
public offices shall be paid from the state treasury. Assistant 452
auditors of state shall be compensated by the taxing district or 453
other public office audited for activities undertaken pursuant to 454
division (B) of section 117.18 and section 117.24 of the Revised 455
Code. The costs of any assistant auditor, employee, or expert 456
employed pursuant to section 117.09 of the Revised Code called 457
upon to testify in any legal proceedings in regard to any audit, 458
or called upon to review or discuss any matter related to any 459
audit, may be charged to the public office to which the audit 460
relates. 461
(2) The auditor of state shall certify the amount of such 463
compensation, expenses, cost of experts, reviewing, copying, and 464
typing to the fiscal officer of the local public office audited. 465
The fiscal officer of the local public office shall forthwith 466
draw his A warrant upon the general fund or other appropriate 467
funds of the local public office to the order of the auditor of 469
state; provided, that the auditor of state is authorized to 470
negotiate with any local public office and, upon agreement 471
between the auditor of state and the local public office, may 472
adopt a schedule for payment of the amount due under this 473
section. Money so received by the auditor of state shall be paid 474
into the state treasury to the credit of the public audit expense 475
fund--local government, which is hereby created, and shall be 476
used to pay the compensation, expense, cost of experts and 477
employees, reviewing, copying, and typing of reports. 478
(3) At the conclusion of each audit, or analysis and 480
report made pursuant to section 117.24 of the Revised Code, the 481
auditor of state shall furnish the fiscal officer of the local 482
public office audited a statement showing the total cost of the 483
audit, or of the audit and the analysis and report, and the 484
13
percentage of the total cost chargeable to each fund audited. The 486
fiscal officer may distribute such total cost to each fund
audited in accordance with its percentage of the total cost. 487
(4) The auditor of state shall provide each local public 489
office a statement or certification of the amount due from the 490
public office for services performed by the auditor of state 491
under this or any other section of the Revised Code, as well as 492
the date upon which payment is due to the auditor of state. Any 493
local public office that does not pay the amount due to the 494
auditor of state by that date may be assessed by the auditor of 495
state for interest from the date upon which the payment is due at 496
the rate per annum prescribed by section 5703.47 of the Revised 497
Code. All interest charges assessed by the auditor of state may 498
be collected in the same manner as audit costs pursuant to 499
division (D) of this section. 500
(D) If the auditor of state fails to receive payment for 502
any amount due from a public office for services performed under 503
this or any other section of the Revised Code, he THE AUDITOR OF 504
STATE may seek payment through the office of budget and 506
management. Upon certification by the auditor of state to the 507
director of budget and management of any such amount due, the 508
director shall withhold from the public office any amount 509
available, up to and including the amount certified as due, from 510
any funds under his THE DIRECTOR'S control that belong to or are 511
lawfully payable or due to the public office. The director shall 512
promptly pay the amount withheld to the auditor of state. If the 513
director determines that no funds due and payable to the public 514
office are available or that insufficient amounts of such funds 515
are available to cover the amount due, the director shall 516
withhold and pay to the auditor of state the amounts available 517
and, in the case of a local public office, certify the remaining 518
amount to the county auditor of the county in which the local 519
public office is located. The county auditor shall withhold from 520
the local public office any amount available, up to and including 521
14
the amount certified as due, from any funds under his THE COUNTY 522
AUDITOR'S control and belonging to or lawfully payable or due to 524
the local public office. The county auditor shall promptly pay 525
any such amount withheld to the auditor of state. 526
Sec. 117.191. WHEN THE AUDITOR OF STATE AUDITS A PUBLIC 528
CHILDREN SERVICES AGENCY, PRIVATE CHILD PLACING AGENCY, OR 529
PRIVATE NONCUSTODIAL AGENCY, ALL OF THE FOLLOWING SHALL APPLY: 530
(A) ON THE REQUEST OF THE AGENCY BEING AUDITED, THE 532
AUDITING TEAM SHALL CONSULT WITH A REPRESENTATIVE OF A NATIONAL 533
NONPROFIT ORGANIZATION WITH EXPERTISE IN CHILD WELFARE ISSUES AND 534
THE COST OF THE CONSULTATION SHALL BE INCLUDED IN THE COST OF THE 535
AUDIT;
(B) THE AUDIT SHALL FOCUS ON FISCAL ACCOUNTABILITY RATHER 537
THAN CLINICAL DECISION MAKING; 538
(C) THE AUDITOR OF STATE SHALL COMPLY WITH GENERALLY 541
ACCEPTED GOVERNMENTAL AUDITING STANDARDS WHEN CONDUCTING THE 542
AUDIT.
Sec. 121.22. (A) This section shall be liberally 551
construed to require public officials to take official action and 552
to conduct all deliberations upon official business only in open 553
meetings unless the subject matter is specifically excepted by 554
law. 555
(B) As used in this section: 557
(1) "Public body" means any of the following: 559
(a) Any board, commission, committee, council, or similar 561
decision-making body of a state agency, institution, or 562
authority, and any legislative authority or board, commission, 563
committee, council, agency, authority, or similar decision-making 565
body of any county, township, municipal corporation, school 566
district, or other political subdivision or local public 567
institution;
(b) Any committee or subcommittee of a body described in 569
division (B)(1)(a) of this section; 570
(c) A court of jurisdiction of a sanitary district 572
15
organized wholly for the purpose of providing a water supply for 573
domestic, municipal, and public use when meeting for the purpose 575
of the appointment, removal, or reappointment of a member of the 576
board of directors of such a district pursuant to section 6115.10
of the Revised Code, if applicable, or for any other matter 577
related to such a district other than litigation involving the 578
district. As used in division (B)(1)(c) of this section, "court 579
of jurisdiction" has the same meaning as "court" in section 580
6115.01 of the Revised Code.
(2) "Meeting" means any prearranged discussion of the 582
public business of the public body by a majority of its members. 583
(3) "Regulated individual" means either of the following: 585
(a) A student in a state or local public educational 587
institution; 588
(b) A person who is, voluntarily or involuntarily, an 590
inmate, patient, or resident of a state or local institution 591
because of criminal behavior, mental illness or retardation, 592
disease, disability, age, or other condition requiring custodial 593
care. 594
(C) All meetings of any public body are declared to be 596
public meetings open to the public at all times. A member of a 597
public body shall be present in person at a meeting open to the 599
public to be considered present or to vote at the meeting and for 600
purposes of determining whether a quorum is present at the 601
meeting. 602
The minutes of a regular or special meeting of any public 605
body shall be promptly prepared, filed, and maintained and shall 606
be open to public inspection. The minutes need only reflect the 607
general subject matter of discussions in executive sessions 608
authorized under division (G) or (J) of this section.
(D) This section does not apply to a ANY OF THE FOLLOWING: 610
(1) A grand jury, to an; 612
(2) AN audit conference conducted by the auditor of state 615
or independent certified public accountants with officials of the 616
16
public office that is the subject of the audit, to the; 617
(3) THE adult parole authority when its hearings are 620
conducted at a correctional institution for the sole purpose of 621
interviewing inmates to determine parole or pardon, to the; 622
(4) THE organized crime investigations commission 624
established under section 177.01 of the Revised Code, to the; 625
(5) MEETINGS OF A CHILD FATALITY REVIEW BOARD ESTABLISHED 627
UNDER SECTION 307.621 OF THE REVISED CODE AND MEETINGS CONDUCTED 628
PURSUANT TO SECTIONS 5153.171 TO 5153.173 OF THE REVISED CODE; 629
(6) THE state medical board when determining whether to 632
suspend a certificate without a prior hearing pursuant to 633
division (G) of either section 4730.25 or 4731.22 of the Revised 635
Code, to the; 636
(7) THE board of nursing when determining whether to 639
suspend a license without a prior hearing pursuant to division 640
(B) of section 4723.181 of the Revised Code, or to the; 641
(8) THE executive committee of the emergency response 643
commission when determining whether to issue an enforcement order 644
or request that a civil action, civil penalty action, or criminal 645
action be brought to enforce Chapter 3750. of the Revised Code. 646
(E) The controlling board, the development financing 648
advisory council, the industrial technology and enterprise 649
advisory council, the tax credit authority, or the minority 651
development financing advisory board, when meeting to consider 652
granting assistance pursuant to Chapter 122. or 166. of the 653
Revised Code, in order to protect the interest of the applicant 654
or the possible investment of public funds, by unanimous vote of 655
all board, council, or authority members present, may close the 657
meeting during consideration of the following information 659
confidentially received by the authority, council, or board from 660
the applicant: 662
(1) Marketing plans; 664
(2) Specific business strategy; 666
(3) Production techniques and trade secrets; 668
17
(4) Financial projections; 670
(5) Personal financial statements of the applicant or 672
members of the applicant's immediate family, including, but not 673
limited to, tax records or other similar information not open to 675
public inspection. 676
The vote by the authority, council, or board to accept or 680
reject the application, as well as all proceedings of the
authority, council, or board not subject to this division, shall 683
be open to the public and governed by this section.
(F) Every public body, by rule, shall establish a 685
reasonable method whereby any person may determine the time and 686
place of all regularly scheduled meetings and the time, place, 687
and purpose of all special meetings. A public body shall not 688
hold a special meeting unless it gives at least twenty-four 689
hours' advance notice to the news media that have requested 690
notification, except in the event of an emergency requiring 691
immediate official action. In the event of an emergency, the 692
member or members calling the meeting shall notify the news media 693
that have requested notification immediately of the time, place, 694
and purpose of the meeting. 695
The rule shall provide that any person, upon request and 698
payment of a reasonable fee, may obtain reasonable advance
notification of all meetings at which any specific type of public 699
business is to be discussed. Provisions for advance notification 700
may include, but are not limited to, mailing the agenda of 701
meetings to all subscribers on a mailing list or mailing notices 702
in self-addressed, stamped envelopes provided by the person. 703
(G) Except as provided in division (J) of this section, 706
the members of a public body may hold an executive session only 707
after a majority of a quorum of the public body determines, by a 708
roll call vote, to hold an executive session and only at a 710
regular or special meeting for the sole purpose of the
consideration of any of the following matters: 711
(1) To consider the appointment, employment, dismissal, 713
18
discipline, promotion, demotion, or compensation of a public 714
employee or official, or the investigation of charges or 715
complaints against a public employee, official, licensee, or 716
regulated individual, unless the public employee, official, 717
licensee, or regulated individual requests a public hearing. 718
Except as otherwise provided by law, no public body shall hold an 719
executive session for the discipline of an elected official for 720
conduct related to the performance of the elected official's 721
official duties or for the elected official's removal from 723
office. If a public body holds an executive session pursuant to 725
division (G)(1) of this section, the motion and vote to hold that 726
executive session shall state which one or more of the approved 727
purposes listed in division (G)(1) of this section are the 728
purposes for which the executive session is to be held, but need 729
not include the name of any person to be considered at the 730
meeting.
(2) To consider the purchase of property for public 732
purposes, or for the sale of property at competitive bidding, if 733
premature disclosure of information would give an unfair 734
competitive or bargaining advantage to a person whose personal, 735
private interest is adverse to the general public interest. No 736
member of a public body shall use division (G)(2) of this section 738
as a subterfuge for providing covert information to prospective 740
buyers or sellers. A purchase or sale of public property is void 741
if the seller or buyer of the public property has received covert 742
information from a member of a public body that has not been 743
disclosed to the general public in sufficient time for other 744
prospective buyers and sellers to prepare and submit offers. 745
If the minutes of the public body show that all meetings 747
and deliberations of the public body have been conducted in 748
compliance with this section, any instrument executed by the 749
public body purporting to convey, lease, or otherwise dispose of 750
any right, title, or interest in any public property shall be 751
conclusively presumed to have been executed in compliance with 752
19
this section insofar as title or other interest of any bona fide 753
purchasers, lessees, or transferees of the property is concerned. 754
(3) Conferences with an attorney for the public body 756
concerning disputes involving the public body that are the 757
subject of pending or imminent court action; 758
(4) Preparing for, conducting, or reviewing negotiations 760
or bargaining sessions with public employees concerning their 761
compensation or other terms and conditions of their employment; 762
(5) Matters required to be kept confidential by federal 764
law or regulations or state statutes; 765
(6) Specialized details of security arrangements if 767
disclosure of the matters discussed might reveal information that 768
could be used for the purpose of committing, or avoiding 769
prosecution for, a violation of the law; 770
(7) In the case of a county hospital operated pursuant to 772
Chapter 339. of the Revised Code, to consider trade secrets, as 774
defined in section 1333.61 of the Revised Code.
If a public body holds an executive session to consider any 776
of the matters listed in divisions (G)(2) to (7) of this section, 778
the motion and vote to hold that executive session shall state 779
which one or more of the approved matters listed in those 780
divisions are to be considered at the executive session. 781
A public body specified in division (B)(1)(c) of this 784
section shall not hold an executive session when meeting for the
purposes specified in that division. 785
(H) A resolution, rule, or formal action of any kind is 787
invalid unless adopted in an open meeting of the public body. A 788
resolution, rule, or formal action adopted in an open meeting 789
that results from deliberations in a meeting not open to the 790
public is invalid unless the deliberations were for a purpose 791
specifically authorized in division (G) or (J) of this section 792
and conducted at an executive session held in compliance with 793
this section. A resolution, rule, or formal action adopted in an 794
open meeting is invalid if the public body that adopted the 795
20
resolution, rule, or formal action violated division (F) of this 796
section. 797
(I)(1) Any person may bring an action to enforce this 799
section. An action under division (I)(1) of this section shall 801
be brought within two years after the date of the alleged 802
violation or threatened violation. Upon proof of a violation or 803
threatened violation of this section in an action brought by any 804
person, the court of common pleas shall issue an injunction to 805
compel the members of the public body to comply with its 806
provisions. 807
(2)(a) If the court of common pleas issues an injunction 809
pursuant to division (I)(1) of this section, the court shall 810
order the public body that it enjoins to pay a civil forfeiture 811
of five hundred dollars to the party that sought the injunction 812
and shall award to that party all court costs and, subject to 813
reduction as described in division (I)(2) of this section, 815
reasonable attorney's fees. The court, in its discretion, may 816
reduce an award of attorney's fees to the party that sought the 817
injunction or not award attorney's fees to that party if the 818
court determines both of the following: 819
(i) That, based on the ordinary application of statutory 821
law and case law as it existed at the time of violation or 822
threatened violation that was the basis of the injunction, a 823
well-informed public body reasonably would believe that the 824
public body was not violating or threatening to violate this 825
section; 826
(ii) That a well-informed public body reasonably would 828
believe that the conduct or threatened conduct that was the basis 829
of the injunction would serve the public policy that underlies 830
the authority that is asserted as permitting that conduct or 831
threatened conduct. 832
(b) If the court of common pleas does not issue an 834
injunction pursuant to division (I)(1) of this section and the 835
court determines at that time that the bringing of the action was 836
21
frivolous conduct, as defined in division (A) of section 2323.51 837
of the Revised Code, the court shall award to the public body all 838
court costs and reasonable attorney's fees, as determined by the 839
court. 840
(3) Irreparable harm and prejudice to the party that 842
sought the injunction shall be conclusively and irrebuttably 843
presumed upon proof of a violation or threatened violation of 844
this section. 845
(4) A member of a public body who knowingly violates an 847
injunction issued pursuant to division (I)(1) of this section may 848
be removed from office by an action brought in the court of 849
common pleas for that purpose by the prosecuting attorney or the 850
attorney general. 851
(J)(1) Pursuant to division (C) of section 5901.09 of the 853
Revised Code, a veterans service commission shall hold an 854
executive session for one or more of the following purposes 855
unless an applicant requests a public hearing: 856
(a) Interviewing an applicant for financial assistance 858
under sections 5901.01 to 5901.15 of the Revised Code; 859
(b) Discussing applications, statements, and other 861
documents described in division (B) of section 5901.09 of the 862
Revised Code; 863
(c) Reviewing matters relating to an applicant's request 865
for financial assistance under sections 5901.01 to 5901.15 of the 866
Revised Code.
(2) A veterans service commission shall not exclude an 868
applicant for, recipient of, or former recipient of financial 869
assistance under sections 5901.01 to 5901.15 of the Revised Code, 870
and shall not exclude representatives selected by the applicant, 872
recipient, or former recipient, from a meeting that the
commission conducts as an executive session that pertains to the 873
applicant's, recipient's, or former recipient's application for 874
financial assistance.
(3) A veterans service commission shall vote on the grant 876
22
or denial of financial assistance under sections 5901.01 to 877
5901.15 of the Revised Code only in an open meeting of the 879
commission. The minutes of the meeting shall indicate the name, 880
address, and occupation of the applicant, whether the assistance 881
was granted or denied, the amount of the assistance if assistance 882
is granted, and the votes for and against the granting of 883
assistance.
Sec. 149.43. (A) As used in this section: 892
(1) "Public record" means any record that is kept by any 894
public office, including, but not limited to, state, county, 895
city, village, township, and school district units, except that 897
"public record" does not mean any of the following:
(a) Medical records; 899
(b) Records pertaining to probation and parole 901
proceedings;
(c) Records pertaining to actions under section 2151.85 903
and division (C) of section 2919.121 of the Revised Code and to 905
appeals of actions arising under those sections; 906
(d) Records pertaining to adoption proceedings, including 908
the contents of an adoption file maintained by the department of 909
health under section 3705.12 of the Revised Code; 910
(e) Information in a record contained in the putative 912
father registry established by section 3107.062 of the Revised 913
Code, regardless of whether the information is held by the 914
department of job and family services or, pursuant to section 916
5101.313 of the Revised Code, the division of child support in
the department or a child support enforcement agency; 917
(f) Records listed in division (A) of section 3107.42 of 919
the Revised Code or specified in division (A) of section 3107.52 920
of the Revised Code;
(g) Trial preparation records; 922
(h) Confidential law enforcement investigatory records; 924
(i) Records containing information that is confidential 926
under section 2317.023 or 4112.05 of the Revised Code; 927
23
(j) DNA records stored in the DNA database pursuant to 930
section 109.573 of the Revised Code;
(k) Inmate records released by the department of 932
rehabilitation and correction to the department of youth services 934
or a court of record pursuant to division (E) of section 5120.21 935
of the Revised Code;
(l) Records maintained by the department of youth services 937
pertaining to children in its custody released by the department 938
of youth services to the department of rehabilitation and 939
correction pursuant to section 5139.05 of the Revised Code; 940
(m) Intellectual property records; 942
(n) Donor profile records; 944
(o) Records maintained by the department of human services 946
pursuant to section 5101.312 of the Revised Code; 947
(p) Peace officer residential and familial information; 949
(q) In the case of a county hospital operated pursuant to 952
Chapter 339. of the Revised Code, information that constitutes a 954
trade secret, as defined in section 1333.61 of the Revised Code; 955
(r) RECORDS PROVIDED TO, STATEMENTS MADE BY REVIEW BOARD 957
MEMBERS DURING MEETINGS OF, AND ALL WORK PRODUCTS OF A CHILD 958
FATALITY REVIEW BOARD ACTING UNDER SECTIONS 307.621 TO 307.629 OF 959
THE REVISED CODE, OTHER THAN THE REPORT PREPARED PURSUANT TO 960
SECTION 307.626 OF THE REVISED CODE; 961
(s) RECORDS PROVIDED TO AND STATEMENTS MADE BY THE 963
EXECUTIVE DIRECTOR OF A PUBLIC CHILDREN SERVICES AGENCY OR A 964
PROSECUTING ATTORNEY ACTING PURSUANT TO SECTION 5153.171 OF THE 966
REVISED CODE OTHER THAN THE INFORMATION RELEASED UNDER THAT 968
SECTION;
(t) Records the release of which is prohibited by state or 970
federal law. 971
(2) "Confidential law enforcement investigatory record" 973
means any record that pertains to a law enforcement matter of a 974
criminal, quasi-criminal, civil, or administrative nature, but 975
only to the extent that the release of the record would create a 976
24
high probability of disclosure of any of the following: 977
(a) The identity of a suspect who has not been charged 979
with the offense to which the record pertains, or of an 980
information source or witness to whom confidentiality has been 981
reasonably promised; 982
(b) Information provided by an information source or 984
witness to whom confidentiality has been reasonably promised, 985
which information would reasonably tend to disclose the source's 986
or witness's identity; 987
(c) Specific confidential investigatory techniques or 989
procedures or specific investigatory work product; 990
(d) Information that would endanger the life or physical 992
safety of law enforcement personnel, a crime victim, a witness, 993
or a confidential information source. 994
(3) "Medical record" means any document or combination of 996
documents, except births, deaths, and the fact of admission to or 997
discharge from a hospital, that pertains to the medical history, 998
diagnosis, prognosis, or medical condition of a patient and that 999
is generated and maintained in the process of medical treatment. 1,000
(4) "Trial preparation record" means any record that 1,002
contains information that is specifically compiled in reasonable 1,003
anticipation of, or in defense of, a civil or criminal action or 1,004
proceeding, including the independent thought processes and 1,005
personal trial preparation of an attorney. 1,006
(5) "Intellectual property record" means a record, other 1,009
than a financial or administrative record, that is produced or
collected by or for faculty or staff of a state institution of 1,010
higher learning in the conduct of or as a result of study or 1,011
research on an educational, commercial, scientific, artistic, 1,012
technical, or scholarly issue, regardless of whether the study or 1,013
research was sponsored by the institution alone or in conjunction
with a governmental body or private concern, and that has not 1,015
been publicly released, published, or patented. 1,016
(6) "Donor profile record" means all records about donors 1,018
25
or potential donors to a public institution of higher education 1,019
except the names and reported addresses of the actual donors and 1,020
the date, amount, and conditions of the actual donation. 1,021
(7) "Peace officer residential and familial information" 1,023
means information that discloses any of the following: 1,024
(a) The address of the actual personal residence of a 1,026
peace officer, except for the state or political subdivision in 1,027
which the peace officer resides; 1,028
(b) Information compiled from referral to or participation 1,030
in an employee assistance program; 1,031
(c) The social security number, the residential telephone 1,033
number, any bank account, debit card, charge card, or credit card 1,034
number, or the emergency telephone number of, or any medical 1,035
information pertaining to, a peace officer; 1,036
(d) The name of any beneficiary of employment benefits, 1,038
including, but not limited to, life insurance benefits, provided 1,040
to a peace officer by the peace officer's employer; 1,041
(e) The identity and amount of any charitable or 1,043
employment benefit deduction made by the peace officer's employer 1,044
from the peace officer's compensation unless the amount of the 1,045
deduction is required by state or federal law; 1,046
(f) The name, the residential address, the name of the 1,048
employer, the address of the employer, the social security 1,049
number, the residential telephone number, any bank account, debit 1,050
card, charge card, or credit card number, or the emergency 1,051
telephone number of the spouse, a former spouse, or any child of 1,052
a peace officer.
As used in divisions (A)(7) and (B)(5) of this section, 1,054
"peace officer" has the same meaning as in section 109.71 of the 1,056
Revised Code, except that "peace officer" does not include the 1,057
sheriff of a county or a supervisory employee who, in the absence 1,058
of the sheriff, is authorized to stand in for, exercise the 1,059
authority of, and perform the duties of the sheriff. 1,060
(B)(1) Subject to division (B)(4) of this section, all 1,062
26
public records shall be promptly prepared and made available for 1,064
inspection to any person at all reasonable times during regular 1,065
business hours. Subject to division (B)(4) of this section, upon 1,066
request, a public office or person responsible for public records 1,067
shall make copies available at cost, within a reasonable period 1,068
of time. In order to facilitate broader access to public 1,069
records, public offices shall maintain public records in a manner 1,070
that they can be made available for inspection in accordance with 1,071
this division.
(2) If any person chooses to obtain a copy of a public 1,073
record in accordance with division (B)(1) of this section, the 1,075
public office or person responsible for the public record shall
permit that person to choose to have the public record duplicated 1,077
upon paper, upon the same medium upon which the public office or 1,078
person responsible for the public record keeps it, or upon any 1,080
other medium upon which the public office or person responsible
for the public record determines that it reasonably can be 1,082
duplicated as an integral part of the normal operations of the 1,083
public office or person responsible for the public record. When 1,084
the person seeking the copy makes a choice under this division, 1,085
the public office or person responsible for the public record 1,086
shall provide a copy of it in accordance with the choice made by 1,088
the person seeking the copy.
(3) Upon a request made in accordance with division (B)(1) 1,090
of this section, a public office or person responsible for public 1,091
records shall transmit a copy of a public record to any person by 1,092
United States mail within a reasonable period of time after 1,093
receiving the request for the copy. The public office or person 1,095
responsible for the public record may require the person making 1,096
the request to pay in advance the cost of postage and other 1,097
supplies used in the mailing. 1,098
Any public office may adopt a policy and procedures that it 1,101
will follow in transmitting, within a reasonable period of time 1,102
after receiving a request, copies of public records by United 1,104
27
States mail pursuant to this division. A public office that 1,106
adopts a policy and procedures under this division shall comply 1,107
with them in performing its duties under this division. 1,108
In any policy and procedures adopted under this division, a 1,110
public office may limit the number of records requested by a 1,111
person that the office will transmit by United States mail to ten 1,112
per month, unless the person certifies to the office in writing 1,113
that the person does not intend to use or forward the requested 1,114
records, or the information contained in them, for commercial 1,116
purposes. For purposes of this division, "commercial" shall be 1,117
narrowly construed and does not include reporting or gathering
news, reporting or gathering information to assist citizen 1,118
oversight or understanding of the operation or activities of 1,119
government, or nonprofit educational research. 1,120
(4) A public office or person responsible for public 1,122
records is not required to permit a person who is incarcerated 1,123
pursuant to a criminal conviction or a juvenile adjudication to 1,124
inspect or to obtain a copy of any public record concerning a 1,125
criminal investigation or prosecution or concerning what would be 1,126
a criminal investigation or prosecution if the subject of the 1,127
investigation or prosecution were an adult, unless the request to 1,128
inspect or to obtain a copy of the record is for the purpose of 1,129
acquiring information that is subject to release as a public 1,130
record under this section and the judge who imposed the sentence 1,131
or made the adjudication with respect to the person, or the 1,132
judge's successor in office, finds that the information sought in 1,133
the public record is necessary to support what appears to be a 1,134
justiciable claim of the person. 1,135
(5) Upon written request made and signed by a journalist 1,137
on or after the effective date of this amendment DECEMBER 16, 1,138
1999, a public office, or person responsible for public records, 1,140
having custody of the records of the agency employing a specified 1,141
peace officer shall disclose to the journalist the address of the 1,143
actual personal residence of the peace officer and, if the peace 1,144
28
officer's spouse, former spouse, or child is employed by a public 1,145
office, the name and address of the employer of the peace 1,146
officer's spouse, former spouse, or child. The request shall 1,147
include the journalist's name and title and the name and address 1,148
of the journalist's employer and shall state that disclosure of 1,149
the information sought would be in the public interest. 1,150
As used in division (B)(5) of this section, "journalist" 1,152
means a person engaged in, connected with, or employed by any 1,153
news medium, including a newspaper, magazine, press association, 1,154
news agency, or wire service, a radio or television station, or a 1,155
similar medium, for the purpose of gathering, processing, 1,156
transmitting, compiling, editing, or disseminating information 1,157
for the general public. 1,158
(C) If a person allegedly is aggrieved by the failure of a 1,160
public office to promptly prepare a public record and to make it 1,162
available to the person for inspection in accordance with
division (B) of this section, or if a person who has requested a 1,164
copy of a public record allegedly is aggrieved by the failure of 1,165
a public office or the person responsible for the public record 1,167
to make a copy available to the person allegedly aggrieved in 1,168
accordance with division (B) of this section, the person 1,169
allegedly aggrieved may commence a mandamus action to obtain a 1,170
judgment that orders the public office or the person responsible 1,171
for the public record to comply with division (B) of this section 1,172
and that awards reasonable attorney's fees to the person that 1,173
instituted the mandamus action. The mandamus action may be 1,174
commenced in the court of common pleas of the county in which 1,175
division (B) of this section allegedly was not complied with, in 1,176
the supreme court pursuant to its original jurisdiction under 1,177
Section 2 of Article IV, Ohio Constitution, or in the court of 1,178
appeals for the appellate district in which division (B) of this 1,179
section allegedly was not complied with pursuant to its original 1,180
jurisdiction under Section 3 of Article IV, Ohio Constitution. 1,181
(D) Chapter 1347. of the Revised Code does not limit the 1,183
29
provisions of this section. 1,184
(E)(1) The bureau of motor vehicles may adopt rules 1,186
pursuant to Chapter 119. of the Revised Code to reasonably limit 1,188
the number of bulk commercial special extraction requests made by
a person for the same records or for updated records during a 1,189
calendar year. The rules may include provisions for charges to 1,190
be made for bulk commercial special extraction requests for the 1,192
actual cost of the bureau, plus special extraction costs, plus 1,193
ten per cent. The bureau may charge for expenses for redacting 1,194
information, the release of which is prohibited by law. 1,195
(2) As used in divisions (B)(3) and (E)(1) of this 1,197
section:
(a) "Actual cost" means the cost of depleted supplies, 1,199
records storage media costs, actual mailing and alternative 1,200
delivery costs, or other transmitting costs, and any direct 1,201
equipment operating and maintenance costs, including actual costs 1,202
paid to private contractors for copying services. 1,203
(b) "Bulk commercial special extraction request" means a 1,205
request for copies of a record for information in a format other 1,206
than the format already available, or information that cannot be 1,207
extracted without examination of all items in a records series, 1,208
class of records, or data base by a person who intends to use or 1,209
forward the copies for surveys, marketing, solicitation, or 1,210
resale for commercial purposes. "Bulk commercial special 1,211
extraction request" does not include a request by a person who 1,212
gives assurance to the bureau that the person making the request 1,213
does not intend to use or forward the requested copies for 1,214
surveys, marketing, solicitation, or resale for commercial 1,215
purposes.
(c) "Commercial" means profit-seeking production, buying, 1,217
or selling of any good, service, or other product. 1,218
(d) "Special extraction costs" means the cost of the time 1,220
spent by the lowest paid employee competent to perform the task, 1,221
the actual amount paid to outside private contractors employed by 1,222
30
the bureau, or the actual cost incurred to create computer 1,223
programs to make the special extraction. "Special extraction 1,224
costs" include any charges paid to a public agency for computer
or records services. 1,225
(3) For purposes of divisions (E)(1) and (2) of this 1,228
section, "commercial surveys, marketing, solicitation, or resale" 1,229
shall be narrowly construed and does not include reporting or
gathering news, reporting or gathering information to assist 1,231
citizen oversight or understanding of the operation or activities 1,232
of government, or nonprofit educational research. 1,233
Sec. 305.14. (A) The court of common pleas, upon the 1,242
application of the prosecuting attorney and the board of county 1,243
commissioners, may authorize the board to employ legal counsel to 1,244
assist the prosecuting attorney, the board, or any other county 1,245
officer in any matter of public business coming before such board 1,246
or officer, and in the prosecution or defense of any action or 1,247
proceeding in which such board or officer is a party or has an 1,248
interest, in its official capacity. 1,249
(B) The board of county commissioners may also employ 1,251
legal counsel, as provided in section 309.09 of the Revised Code, 1,252
to represent it in any matter of public business coming before 1,253
such board, and in the prosecution or defense of any action or 1,254
proceeding in which such board is a party or has an interest, in 1,255
its official capacity. 1,256
(C) Notwithstanding division (A) of this section AND 1,258
EXCEPT AS PROVIDED IN DIVISION (D) OF THIS SECTION, a county 1,259
board of mental retardation and developmental disabilities OR A 1,260
PUBLIC CHILDREN SERVICES AGENCY may, without the authorization of 1,262
the court of common pleas, employ legal counsel to advise it or 1,263
to represent it or any of its members or employees in any matter 1,264
of public business coming before the board OR AGENCY or in the 1,265
prosecution or defense of any action or proceeding in which the 1,266
board OR AGENCY in its official capacity, or a board OR AGENCY 1,267
member or employee in his THE MEMBER'S OR EMPLOYEE'S official 1,270
31
capacity, is a party or has an interest, except that in. 1,271
(D)(1) IN any legal proceeding in which the prosecuting 1,274
attorney is fully able to perform his THE PROSECUTING ATTORNEY'S 1,275
statutory duty to represent the COUNTY board OF MENTAL 1,276
RETARDATION AND DEVELOPMENTAL DISABILITIES OR PUBLIC CHILDREN 1,277
SERVICES AGENCY without conflict of interest, the board OR AGENCY 1,278
shall employ other counsel only with the written consent of the 1,279
prosecuting attorney. In any legal proceeding in which the 1,280
prosecuting attorney is unable, for any reason, to represent the 1,281
board OR AGENCY, he THE PROSECUTING ATTORNEY shall so notify the 1,283
board OR AGENCY, and the board OR AGENCY may then employ counsel 1,285
for the proceeding without further permission from any authority. 1,286
(2) A PUBLIC CHILDREN SERVICES AGENCY THAT RECEIVES MONEY 1,288
FROM THE COUNTY GENERAL REVENUE FUND MUST OBTAIN THE PERMISSION 1,289
OF THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY SERVED BY THE 1,291
AGENCY BEFORE EMPLOYING COUNSEL UNDER DIVISION (C) OF THIS 1,292
SECTION.
Sec. 307.441. (A) The board of county commissioners of 1,301
each county may procure a policy or policies of insurance 1,302
insuring the county recorder and the clerk of the court of common 1,303
pleas and their deputies against liability on account of errors 1,304
or omissions unknowingly made by them and for which they may be 1,305
held liable. 1,306
The policy or policies of insurance shall be in an amount 1,308
of not less than fifty thousand dollars. 1,309
(B) The board of county commissioners of each county may 1,311
procure a policy or policies of insurance insuring the sheriff 1,312
and his deputies against liability arising from the performance 1,313
of their official duties. 1,314
(C) The board of county commissioners of each county may 1,316
procure a policy or policies of insurance insuring the 1,317
prosecuting attorney and assistant prosecuting attorneys against 1,318
liability arising from the performance of their official duties. 1,319
(D) The board of county commissioners of each county may 1,321
32
procure a policy or policies of insurance insuring the coroner, 1,322
county engineer, county auditor, each county commissioner, and 1,323
the county treasurer and their assistants against liability 1,324
arising from the performance of their official duties. 1,325
(E) The board of county commissioners of each county may 1,327
procure a policy or policies of insurance insuring any county 1,328
employee against liability arising from the performance of his 1,329
official duties. 1,330
(F) If the board of county commissioners of any county 1,332
procures a policy or policies of insurance insuring any county 1,333
official against liability arising from the performance of his 1,334
THE COUNTY OFFICIAL'S official duties as provided by divisions 1,336
(A) to (D) of this section, it shall not refuse to procure a 1,337
policy or policies of insurance insuring any other county 1,338
official as authorized in those divisions, if such policy or 1,339
policies are reasonably available. 1,340
(G) The board of county commissioners of any county may 1,342
procure a policy or policies of insurance insuring the county 1,343
director of job and family services, county department of job and 1,345
family services employees, or foster parents CAREGIVERS 1,347
associated with the county department of job and family services, 1,349
against liability arising from the performance of their official 1,350
duties. 1,351
(H) The board of county commissioners of each county may 1,353
procure a policy or policies of insurance insuring the county 1,354
public defender and the members of the county public defender 1,355
commission against liability arising from the performance of 1,356
their official duties. A joint board of county commissioners 1,357
formed pursuant to section 120.23 of the Revised Code may, in 1,358
accordance with the agreement of the participating boards of 1,359
county commissioners, procure a policy or policies of insurance 1,360
insuring the joint county public defender and the members of the 1,361
joint county public defender commission against liability arising 1,362
from the performance of their official duties. 1,363
33
(I) The board of county commissioners of each county may 1,365
procure a policy or policies of insurance insuring the judges of 1,366
the court of common pleas and any county court in the county, and 1,367
the employees of those courts, against liability arising from the 1,368
performance of their official duties. 1,369
Sec. 307.621. A BOARD OF COUNTY COMMISSIONERS SHALL 1,371
APPOINT A HEALTH COMMISSIONER OF THE BOARD OF HEALTH OF A CITY OR 1,373
GENERAL HEALTH DISTRICT THAT IS ENTIRELY OR PARTIALLY LOCATED IN 1,374
THE COUNTY IN WHICH THE BOARD OF COUNTY COMMISSIONERS IS LOCATED 1,375
TO ESTABLISH A CHILD FATALITY REVIEW BOARD TO REVIEW THE DEATHS 1,376
OF CHILDREN UNDER EIGHTEEN YEARS OF AGE. THE BOARDS OF COUNTY
COMMISSIONERS OF TWO OR MORE COUNTIES MAY, BY ADOPTING A JOINT 1,378
RESOLUTION PASSED BY A MAJORITY OF THE MEMBERS OF EACH 1,379
PARTICIPATING BOARD OF COUNTY COMMISSIONERS, CREATE A REGIONAL 1,380
CHILD FATALITY REVIEW BOARD TO SERVE ALL PARTICIPATING COUNTIES. 1,381
THE JOINT RESOLUTION SHALL APPOINT, FOR EACH COUNTY PARTICIPATING
AS PART OF THE REGIONAL REVIEW BOARD, ONE HEALTH COMMISSIONER 1,383
FROM A BOARD OF HEALTH OF A CITY OR GENERAL HEALTH DISTRICT 1,384
LOCATED AT LEAST IN PART IN EACH COUNTY. THE HEALTH
COMMISSIONERS APPOINTED SHALL SELECT ONE OF THEIR NUMBER AS THE 1,385
HEALTH COMMISSIONER TO ESTABLISH THE REGIONAL REVIEW BOARD. THE 1,386
REGIONAL REVIEW BOARD SHALL BE ESTABLISHED IN THE SAME MANNER AS 1,387
PROVIDED FOR SINGLE COUNTY REVIEW BOARDS. 1,388
IN ANY COUNTY THAT HAS A BODY ACTING AS A CHILD FATALITY 1,390
REVIEW BOARD ON THE EFFECTIVE DATE OF THIS SECTION, THE BOARD OF 1,391
COUNTY COMMISSIONERS OF THAT COUNTY, IN LIEU OF HAVING A HEALTH 1,392
COMMISSIONER ESTABLISH A CHILD FATALITY REVIEW BOARD, SHALL 1,393
APPOINT THAT BODY TO FUNCTION AS THE CHILD FATALITY REVIEW BOARD 1,394
FOR THE COUNTY. THE BODY SHALL HAVE THE SAME DUTIES, 1,395
OBLIGATIONS, AND PROTECTIONS AS A CHILD FATALITY REVIEW BOARD 1,396
APPOINTED BY A HEALTH COMMISSIONER. THE BOARD OF COUNTY 1,397
COMMISSIONERS OR AN INDIVIDUAL DESIGNATED BY THE BOARD SHALL 1,398
CONVENE THE BODY AS REQUIRED BY SECTION 307.624 OF THE REVISED 1,399
CODE.
34
Sec. 307.622. (A) THE HEALTH COMMISSIONER OF THE BOARD OF 1,401
HEALTH OF A CITY OR A GENERAL HEALTH DISTRICT WHO IS APPOINTED 1,402
UNDER SECTION 307.621 OF THE REVISED CODE TO ESTABLISH THE CHILD 1,403
FATALITY REVIEW BOARD SHALL SELECT SIX MEMBERS TO SERVE ON THE 1,404
CHILD FATALITY REVIEW BOARD ALONG WITH THE COMMISSIONER. THE 1,406
REVIEW BOARD SHALL CONSIST OF THE FOLLOWING:
(1) A COUNTY CORONER OR DESIGNEE; 1,408
(2) THE CHIEF OF POLICE OF A POLICE DEPARTMENT OR THE 1,411
SHERIFF THAT SERVES THE GREATEST POPULATION IN THE COUNTY OR
REGION OR A DESIGNEE OF THE CHIEF OR SHERIFF; 1,412
(3) THE EXECUTIVE DIRECTOR OF A PUBLIC CHILDREN SERVICES 1,414
AGENCY OR DESIGNEE; 1,415
(4) A PUBLIC HEALTH OFFICIAL OR DESIGNEE; 1,417
(5) THE EXECUTIVE DIRECTOR OF A BOARD OF ALCOHOL, DRUG 1,419
ADDICTION, AND MENTAL HEALTH SERVICES OR DESIGNEE; 1,420
(6) A PHYSICIAN WHO HOLDS A CERTIFICATE ISSUED PURSUANT TO 1,422
CHAPTER 4731. OF THE REVISED CODE AUTHORIZING THE PRACTICE OF 1,424
MEDICINE AND SURGERY OR OSTEOPATHIC MEDICINE AND SURGERY, 1,425
SPECIALIZES IN PEDIATRIC OR FAMILY MEDICINE, AND CURRENTLY 1,426
PRACTICES PEDIATRIC OR FAMILY MEDICINE.
(B) THE MAJORITY OF THE MEMBERS OF A REVIEW BOARD MAY 1,428
INVITE ADDITIONAL MEMBERS TO SERVE ON THE BOARD. THE ADDITIONAL 1,429
MEMBERS INVITED UNDER THIS DIVISION SHALL SERVE FOR A PERIOD OF 1,431
TIME DETERMINED BY A MAJORITY OF THE MEMBERS DESCRIBED IN 1,432
DIVISION (A) OF THIS SECTION. AN ADDITIONAL MEMBER SHALL HAVE 1,433
THE SAME AUTHORITY, DUTIES, AND RESPONSIBILITIES AS MEMBERS
DESCRIBED IN DIVISION (A) OF THIS SECTION. 1,434
(C) A VACANCY IN A CHILD FATALITY REVIEW BOARD SHALL BE 1,436
FILLED IN THE SAME MANNER AS THE ORIGINAL APPOINTMENT. 1,438
(D) A CHILD FATALITY REVIEW BOARD MEMBER SHALL NOT RECEIVE 1,441
ANY COMPENSATION FOR, AND SHALL NOT BE PAID FOR ANY EXPENSES 1,442
INCURRED PURSUANT TO, FULFILLING THE MEMBER'S DUTIES ON THE BOARD 1,443
UNLESS COMPENSATION FOR, OR PAYMENT FOR EXPENSES INCURRED 1,444
PURSUANT TO, THOSE DUTIES IS RECEIVED PURSUANT TO A MEMBER'S 1,445
35
REGULAR EMPLOYMENT. 1,446
Sec. 307.623. THE PURPOSE OF THE CHILD FATALITY REVIEW 1,448
BOARD IS TO DECREASE THE INCIDENCE OF PREVENTABLE CHILD DEATHS BY 1,449
DOING ALL OF THE FOLLOWING: 1,450
(A) PROMOTING COOPERATION, COLLABORATION, AND 1,452
COMMUNICATION BETWEEN ALL GROUPS, PROFESSIONS, AGENCIES, OR 1,454
ENTITIES THAT SERVE FAMILIES AND CHILDREN;
(B) MAINTAINING A COMPREHENSIVE DATABASE OF ALL CHILD 1,456
DEATHS THAT OCCUR IN THE COUNTY OR REGION SERVED BY THE CHILD 1,459
FATALITY REVIEW BOARD IN ORDER TO DEVELOP AN UNDERSTANDING OF THE 1,461
CAUSES AND INCIDENCE OF THOSE DEATHS;
(C) RECOMMENDING AND DEVELOPING PLANS FOR IMPLEMENTING 1,463
LOCAL SERVICE AND PROGRAM CHANGES AND CHANGES TO THE GROUPS, 1,465
PROFESSIONS, AGENCIES, OR ENTITIES THAT SERVE FAMILIES AND 1,466
CHILDREN THAT MIGHT PREVENT CHILD DEATHS;
(D) ADVISING THE DEPARTMENT OF HEALTH OF AGGREGATE DATA, 1,468
TRENDS, AND PATTERNS CONCERNING CHILD DEATHS. 1,469
Sec. 307.624. THE BOARD OF COUNTY COMMISSIONERS, OR IF A 1,471
REGIONAL CHILD FATALITY REVIEW BOARD IS ESTABLISHED, THE GROUP OF 1,472
HEALTH COMMISSIONERS APPOINTED TO SELECT THE HEALTH COMMISSIONER 1,474
TO ESTABLISH THE REGIONAL REVIEW BOARD, SHALL DESIGNATE EITHER 1,475
THE HEALTH COMMISSIONER THAT ESTABLISHES THE REVIEW BOARD OR A 1,476
REPRESENTATIVE OF THE HEALTH COMMISSIONER TO CONVENE MEETINGS AND 1,477
BE THE CHAIRPERSON OF THE REVIEW BOARD. IF A REGIONAL REVIEW 1,478
BOARD INCLUDES A COUNTY WITH MORE THAN ONE HEALTH DISTRICT, THE 1,479
REGIONAL REVIEW BOARD MEETING SHALL BE CONVENED IN THAT COUNTY. 1,480
IF MORE THAN ONE OF THE COUNTIES PARTICIPATING ON THE REGIONAL
REVIEW BOARD HAS MORE THAN ONE HEALTH DISTRICT, THE PERSON 1,481
CONVENING THE MEETING SHALL SELECT ONE OF THE COUNTIES WITH MORE 1,482
THAN ONE HEALTH DISTRICT AS THE COUNTY IN WHICH TO CONVENE THE 1,483
MEETING. THE PERSON DESIGNATED TO CONVENE THE REVIEW BOARD SHALL 1,485
CONVENE IT AT LEAST ONCE A YEAR TO REVIEW, IN ACCORDANCE WITH 1,486
THIS SECTION AND THE RULES ADOPTED BY THE DEPARTMENT OF HEALTH 1,487
UNDER SECTION 3701.045 OF THE REVISED CODE, THE DEATHS OF ALL 1,488
36
CHILDREN UNDER EIGHTEEN YEARS OF AGE WHO, AT THE TIME OF DEATH, 1,489
WERE RESIDENTS OF THE COUNTY OR, IF A REGIONAL REVIEW BOARD, ONE 1,490
OF THE PARTICIPATING COUNTIES.
Sec. 307.625. A CHILD FATALITY REVIEW BOARD MAY NOT 1,492
CONDUCT A REVIEW OF THE DEATH OF A CHILD DESCRIBED IN SECTION 1,494
307.624 OF THE REVISED CODE WHILE AN INVESTIGATION OF THE DEATH 1,495
OR PROSECUTION OF A PERSON FOR CAUSING THE DEATH IS PENDING
UNLESS THE PROSECUTING ATTORNEY AGREES TO ALLOW THE REVIEW. THE 1,496
LAW ENFORCEMENT AGENCY CONDUCTING THE CRIMINAL INVESTIGATION, ON 1,497
THE CONCLUSION OF THE INVESTIGATION, AND THE PROSECUTING ATTORNEY 1,498
PROSECUTING THE CASE, ON THE CONCLUSION OF THE PROSECUTION, SHALL 1,499
NOTIFY THE CHAIRPERSON OF THE REVIEW BOARD OF THE CONCLUSION. 1,500
Sec. 307.626. (A) BY THE FIRST DAY OF APRIL OF EACH YEAR, 1,503
THE PERSON CONVENING THE CHILD FATALITY REVIEW BOARD SHALL
PREPARE AND SUBMIT TO THE OHIO DEPARTMENT OF HEALTH A REPORT THAT 1,505
INCLUDES ALL OF THE FOLLOWING INFORMATION WITH RESPECT TO EACH 1,506
CHILD DEATH THAT WAS REVIEWED BY THE REVIEW BOARD IN THE PREVIOUS 1,507
CALENDAR YEAR:
(1) THE CAUSE OF DEATH; 1,509
(2) FACTORS CONTRIBUTING TO DEATH; 1,511
(3) AGE; 1,513
(4) SEX; 1,515
(5) RACE; 1,517
(6) THE GEOGRAPHIC LOCATION OF DEATH; 1,519
(7) THE YEAR OF DEATH. 1,521
THE REPORT SHALL SPECIFY THE NUMBER OF CHILD DEATHS THAT 1,523
HAVE NOT BEEN REVIEWED SINCE THE EFFECTIVE DATE OF THIS SECTION. 1,524
THE REPORT MAY INCLUDE RECOMMENDATIONS FOR ACTIONS THAT 1,526
MIGHT PREVENT OTHER DEATHS, AS WELL AS ANY OTHER INFORMATION THE 1,527
REVIEW BOARD DETERMINES SHOULD BE INCLUDED. 1,528
(B) REPORTS PREPARED UNDER THIS SECTION SHALL BE 1,531
CONSIDERED PUBLIC RECORDS UNDER SECTION 149.43 OF THE REVISED 1,532
CODE.
Sec. 307.627. (A) NOTWITHSTANDING SECTION 3701.243 AND 1,535
37
ANY OTHER SECTION OF THE REVISED CODE PERTAINING TO 1,536
CONFIDENTIALITY, ANY INDIVIDUAL; PUBLIC CHILDREN SERVICES AGENCY, 1,537
PRIVATE CHILD PLACING AGENCY, OR AGENCY THAT PROVIDES SERVICES 1,538
SPECIFICALLY TO INDIVIDUALS OR FAMILIES; LAW ENFORCEMENT AGENCY; 1,539
OR OTHER PUBLIC OR PRIVATE ENTITY THAT PROVIDED SERVICES TO A 1,540
CHILD WHOSE DEATH IS BEING REVIEWED BY A CHILD FATALITY REVIEW
BOARD, ON THE REQUEST OF THE REVIEW BOARD, SHALL SUBMIT TO THE 1,542
REVIEW BOARD A SUMMARY SHEET OF INFORMATION. WITH RESPECT TO A 1,543
REQUEST MADE TO A HEALTH CARE ENTITY, THE SUMMARY SHEET SHALL 1,544
CONTAIN ONLY INFORMATION AVAILABLE AND REASONABLY DRAWN FROM THE 1,545
CHILD'S MEDICAL RECORD CREATED BY THE HEALTH CARE ENTITY. WITH 1,546
RESPECT TO A REQUEST MADE TO ANY OTHER INDIVIDUAL OR ENTITY, THE 1,547
SUMMARY SHALL CONTAIN ONLY INFORMATION AVAILABLE AND REASONABLY 1,548
DRAWN FROM ANY RECORD INVOLVING THE CHILD THAT THE INDIVIDUAL OR 1,549
ENTITY DEVELOPS IN THE NORMAL COURSE OF BUSINESS. ON THE REQUEST 1,550
OF THE REVIEW BOARD, AN INDIVIDUAL OR ENTITY MAY, AT THE 1,551
INDIVIDUAL OR ENTITY'S DISCRETION, MAKE ANY ADDITIONAL
INFORMATION, DOCUMENTS, OR REPORTS AVAILABLE TO THE REVIEW BOARD. 1,552
FOR PURPOSES OF THE REVIEW, THE REVIEW BOARD SHALL HAVE ACCESS TO 1,554
CONFIDENTIAL INFORMATION PROVIDED TO THE REVIEW BOARD UNDER THIS 1,556
DIVISION OR DIVISION (H)(4) OF SECTION 2151.421 OF THE REVISED 1,557
CODE, AND EACH MEMBER OF THE REVIEW BOARD SHALL PRESERVE THE 1,559
CONFIDENTIALITY OF THAT INFORMATION.
(B) NOTWITHSTANDING DIVISION (A) OF THIS SECTION, NO 1,562
PERSON, ENTITY, LAW ENFORCEMENT AGENCY, OR PROSECUTING ATTORNEY 1,563
SHALL PROVIDE ANY INFORMATION REGARDING THE DEATH OF A CHILD TO A
CHILD FATALITY REVIEW BOARD WHILE AN INVESTIGATION OF THE DEATH 1,565
OR PROSECUTION OF A PERSON FOR CAUSING THE DEATH IS PENDING 1,566
UNLESS THE PROSECUTING ATTORNEY HAS AGREED PURSUANT TO SECTION 1,567
307.625 OF THE REVISED CODE TO ALLOW REVIEW OF THE DEATH. 1,568
Sec. 307.628. (A) AN INDIVIDUAL OR PUBLIC OR PRIVATE 1,570
ENTITY PROVIDING INFORMATION, DOCUMENTS, OR REPORTS TO A CHILD 1,571
FATALITY REVIEW BOARD IS IMMUNE FROM ANY CIVIL LIABILITY FOR 1,572
INJURY, DEATH, OR LOSS TO PERSON OR PROPERTY THAT OTHERWISE MIGHT 1,573
38
BE INCURRED OR IMPOSED AS A RESULT OF PROVIDING THE INFORMATION, 1,574
DOCUMENTS, OR REPORTS TO THE REVIEW BOARD. 1,575
(B) EACH MEMBER OF A REVIEW BOARD IS IMMUNE FROM ANY CIVIL 1,577
LIABILITY FOR INJURY, DEATH, OR LOSS TO PERSON OR PROPERTY THAT 1,579
MIGHT OTHERWISE BE INCURRED OR IMPOSED AS A RESULT OF THE 1,580
MEMBER'S PARTICIPATION ON THE REVIEW BOARD.
Sec. 307.629. (A) EXCEPT AS PROVIDED IN SECTIONS 5153.171 1,582
TO 5153.173 OF THE REVISED CODE, ANY INFORMATION, DOCUMENT, OR 1,583
REPORT PRESENTED TO A CHILD FATALITY REVIEW BOARD, ALL STATEMENTS 1,584
MADE BY REVIEW BOARD MEMBERS DURING MEETINGS OF THE REVIEW BOARD, 1,586
AND ALL WORK PRODUCTS OF THE REVIEW BOARD, OTHER THAN THE REPORT 1,587
PREPARED PURSUANT TO SECTION 307.626 OF THE REVISED CODE, ARE 1,588
CONFIDENTIAL AND SHALL BE USED BY THE REVIEW BOARD AND ITS 1,589
MEMBERS ONLY IN THE EXERCISE OF THE PROPER FUNCTIONS OF THE 1,590
REVIEW BOARD.
(B) NO PERSON SHALL PERMIT OR ENCOURAGE THE UNAUTHORIZED 1,593
DISSEMINATION OF THE CONFIDENTIAL INFORMATION DESCRIBED IN 1,594
DIVISION (A) OF THIS SECTION.
(C) WHOEVER VIOLATES DIVISION (B) OF THIS SECTION IS 1,597
GUILTY OF A MISDEMEANOR OF THE SECOND DEGREE.
Sec. 2151.011. (A) As used in the Revised Code: 1,606
(1) "Juvenile court" means the division of the court of 1,608
common pleas or a juvenile court separately and independently 1,609
created having jurisdiction under this chapter. 1,610
(2) "Juvenile judge" means a judge of a court having 1,612
jurisdiction under this chapter. 1,613
(3) "Private child placing agency" means any association, 1,615
as defined in section 5103.02 of the Revised Code, that is 1,616
certified pursuant to section 5103.03 of the Revised Code to 1,619
accept temporary, permanent, or legal custody of children and 1,620
place the children for either foster care or adoption.
(4) "Private noncustodial agency" means any person, 1,622
organization, association, or society certified by the department 1,623
of job and family services that does not accept temporary or 1,625
39
permanent legal custody of children, that is privately operated 1,626
in this state, and that does one or more of the following: 1,627
(a) Receives and cares for children for two or more 1,629
consecutive weeks; 1,630
(b) Participates in the placement of children in family 1,632
CERTIFIED foster homes; 1,634
(c) Provides adoption services in conjunction with a 1,636
public children services agency or private child placing agency. 1,637
(B) As used in this chapter: 1,639
(1) "Adequate parental care" means the provision by a 1,641
child's parent or parents, guardian, or custodian of adequate 1,642
food, clothing, and shelter to ensure the child's health and 1,643
physical safety and the provision by a child's parent or parents 1,644
of specialized services warranted by the child's physical or 1,645
mental needs. 1,646
(2) "Adult" means an individual who is eighteen years of 1,648
age or older. 1,649
(3) "Agreement for temporary custody" means a voluntary 1,651
agreement authorized by section 5103.15 of the Revised Code that 1,653
transfers the temporary custody of a child to a public children 1,654
services agency or a private child placing agency. 1,655
(4) "Babysitting care" means care provided for a child 1,657
while the parents, guardian, or legal custodian of the child are 1,658
temporarily away. 1,659
(5) "Certified family foster home" means a family foster 1,661
home operated by persons holding a certificate in force, issued, 1,663
AS DEFINED IN SECTION 5103.02 OF THE REVISED CODE, CERTIFIED 1,665
under section 5103.03 of the Revised Code. 1,666
(6)(5)(a) "Child" means a person who is under eighteen 1,669
years of age, except as otherwise provided in divisions 1,670
(B)(6)(5)(b) to (f) of this section. 1,671
(b) Subject to division (B)(6)(5)(c) of this section, any 1,674
person who violates a federal or state law or municipal ordinance 1,675
prior to attaining eighteen years of age shall be deemed a
40
"child" irrespective of that person's age at the time the 1,676
complaint is filed or the hearing on the complaint is held. 1,677
(c) Any person who, while under eighteen years of age, 1,680
commits an act that would be a felony if committed by an adult 1,681
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 1,682
child in relation to that act. 1,683
(d) Any person whose case is transferred for criminal 1,685
prosecution pursuant to division (B) or (C) of section 2151.26 of 1,686
the Revised Code shall after the transfer be deemed not to be a 1,687
child in the transferred case. 1,688
(e) Subject to division (B)(6)(5)(f) of this section, any 1,691
person whose case is transferred for criminal prosecution 1,692
pursuant to division (B) or (C) of section 2151.26 of the Revised 1,693
Code and who subsequently is convicted of or pleads guilty to a 1,694
felony in that case shall after the transfer be deemed not to be 1,696
a child in any case in which the person is alleged to have 1,698
committed prior to or subsequent to the transfer an act that 1,700
would be an offense if committed by an adult. Division 1,701
(B)(6)(5)(e) of this section applies to a case regardless of 1,702
whether the prior or subsequent act that is alleged in the case 1,704
and that would be an offense if committed by an adult allegedly 1,705
was committed in the same county in which the case was 1,707
transferred or in another county and regardless of whether the
complaint in the case involved was filed in the same county in 1,708
which the case was transferred or in another county. Division 1,709
(B)(6)(5)(e) of this section applies to a case that involves an 1,711
act committed prior to the transfer only when the prior act 1,712
alleged in the case has not been disposed of by a juvenile court
or trial court. 1,713
(f) Notwithstanding division (B)(6)(5)(e) of this section, 1,716
if a person's case is transferred for criminal prosecution
pursuant to division (B) or (C) of section 2151.26 of the Revised 1,718
Code and if the person subsequently is convicted of or pleads 1,719
41
guilty to a felony in that case, thereafter, the person shall be
considered a child solely for the following purposes in relation 1,720
to any act the person subsequently commits that would be an 1,721
offense if committed by an adult: 1,722
(i) For purposes of the filing of a complaint alleging 1,724
that the child is a delinquent child for committing the act that 1,725
would be an offense if committed by an adult; 1,726
(ii) For purposes of the juvenile court conducting a 1,728
hearing under division (B) of section 2151.26 of the Revised Code 1,730
relative to the complaint described in division (B)(6)(5)(f)(i) 1,731
of this section to determine whether division (B)(1) of section 1,732
2151.26 of the Revised Code applies and requires that the case be 1,734
transferred for criminal prosecution to the appropriate court 1,735
having jurisdiction of the offense.
(7)(6) "Child day camp," "child day-care," "child day-care 1,737
center," "part-time child day-care center," "type A family 1,740
day-care home," "certified type B family day-care home," "type B 1,741
home," "administrator of a child day-care center," "administrator 1,743
of a type A family day-care home," "in-home aide," and 1,744
"authorized provider" have the same meanings as in section 1,745
5104.01 of the Revised Code.
(8)(7) "Child day-care provider" means an individual who 1,747
is a child-care staff member or administrator of a child day-care 1,748
center, a type A family day-care home, or a type B family 1,749
day-care home, or an in-home aide or an individual who is 1,750
licensed, is regulated, is approved, operates under the direction 1,751
of, or otherwise is certified by the department of job and family 1,753
services, department of mental retardation and developmental 1,754
disabilities, or the early childhood programs of the department 1,755
of education. 1,756
(9)(8) "Commit" means to vest custody as ordered by the 1,758
court. 1,759
(10)(9) "Counseling" includes both of the following: 1,761
(a) General counseling services performed by a public 1,764
42
children services agency or shelter for victims of domestic 1,765
violence to assist a child, a child's parents, and a child's 1,766
siblings in alleviating identified problems that may cause or 1,768
have caused the child to be an abused, neglected, or dependent 1,769
child.
(b) Psychiatric or psychological therapeutic counseling 1,772
services provided to correct or alleviate any mental or emotional 1,774
illness or disorder and performed by a licensed psychiatrist,
licensed psychologist, or a person licensed under Chapter 4757. 1,776
of the Revised Code to engage in social work or professional 1,777
counseling.
(11)(10) "Custodian" means a person who has legal custody 1,779
of a child or a public children services agency or private child 1,781
placing agency that has permanent, temporary, or legal custody of 1,782
a child. 1,783
(12)(11) "Detention" means the temporary care of children 1,785
pending court adjudication or disposition, or execution of a 1,786
court order, in a public or private facility designed to 1,787
physically restrict the movement and activities of children. 1,788
(13)(12) "Developmental disability" has the same meaning 1,790
as in section 5123.01 of the Revised Code. 1,792
(14) "Family foster home" means a private residence in 1,794
which children are received apart from their parents, guardian, 1,795
or legal custodian by an individual for hire, gain, or reward for 1,796
nonsecure care, supervision, or training twenty-four hours a day. 1,797
"Family foster home" does not include babysitting care provided 1,798
for a child in the home of a person other than the home of the 1,799
parents, guardian, or legal custodian of the child. 1,800
(15)(13) "Foster home CAREGIVER" means a family home in 1,803
which any child is received apart from the child's parents for 1,804
care, supervision, or training HAS THE SAME MEANING AS IN SECTION 1,806
5103.02 OF THE REVISED CODE. 1,807
(16)(14) "Guardian" means a person, association, or 1,809
corporation that is granted authority by a probate court pursuant 1,810
43
to Chapter 2111. of the Revised Code to exercise parental rights 1,811
over a child to the extent provided in the court's order and 1,812
subject to the residual parental rights of the child's parents. 1,813
(17)(15) "Legal custody" means a legal status that vests 1,815
in the custodian the right to have physical care and control of 1,816
the child and to determine where and with whom the child shall 1,817
live, and the right and duty to protect, train, and discipline 1,819
the child and to provide the child with food, shelter, education, 1,820
and medical care, all subject to any residual parental rights, 1,822
privileges, and responsibilities. An individual granted legal 1,823
custody shall exercise the rights and responsibilities personally 1,824
unless otherwise authorized by any section of the Revised Code or 1,825
by the court. 1,826
(18)(16) "Mental illness" and "mentally ill person subject 1,828
to hospitalization by court order" have the same meanings as in 1,830
section 5122.01 of the Revised Code. 1,831
(19)(17) "Mental injury" means any behavioral, cognitive, 1,833
emotional, or mental disorder in a child caused by an act or 1,834
omission that is described in section 2919.22 of the Revised Code 1,835
and is committed by the parent or other person responsible for 1,837
the child's care.
(20)(18) "Mentally retarded person" has the same meaning 1,839
as in section 5123.01 of the Revised Code. 1,841
(21)(19) "Nonsecure care, supervision, or training" means 1,843
care, supervision, or training of a child in a facility that does 1,844
not confine or prevent movement of the child within the facility 1,845
or from the facility. 1,846
(22)(20) "Organization" means any institution, public, 1,848
semipublic, or private, and any private association, society, or 1,849
agency located or operating in the state, incorporated or 1,850
unincorporated, having among its functions the furnishing of 1,851
protective services or care for children, or the placement of 1,852
children in CERTIFIED foster homes or elsewhere. 1,853
(23)(21) "Out-of-home care" means detention facilities, 1,855
44
shelter facilities, foster homes, certified foster homes, 1,856
placement in a prospective adoptive home prior to the issuance of 1,857
a final decree of adoption, organizations, certified 1,858
organizations, child day-care centers, type A family day-care 1,859
homes, child day-care provided by type B family day-care home 1,860
providers and by in-home aides, group home providers, group 1,861
homes, institutions, state institutions, residential facilities, 1,862
residential care facilities, residential camps, day camps, 1,863
hospitals, and medical clinics that are responsible for the care, 1,864
physical custody, or control of children. 1,865
(24)(22) "Out-of-home care child abuse" means any of the 1,867
following when committed by a person responsible for the care of 1,868
a child in out-of-home care: 1,869
(a) Engaging in sexual activity with a child in the 1,871
person's care; 1,872
(b) Denial to a child, as a means of punishment, of proper 1,874
or necessary subsistence, education, medical care, or other care 1,875
necessary for a child's health; 1,876
(c) Use of restraint procedures on a child that cause 1,878
injury or pain; 1,879
(d) Administration of prescription drugs or psychotropic 1,881
medication to the child without the written approval and ongoing 1,882
supervision of a licensed physician; 1,883
(e) Commission of any act, other than by accidental means, 1,885
that results in any injury to or death of the child in 1,886
out-of-home care or commission of any act by accidental means 1,887
that results in an injury to or death of a child in out-of-home 1,888
care and that is at variance with the history given of the injury 1,889
or death.
(25)(23) "Out-of-home care child neglect" means any of the 1,891
following when committed by a person responsible for the care of 1,892
a child in out-of-home care: 1,893
(a) Failure to provide reasonable supervision according to 1,895
the standards of care appropriate to the age, mental and physical 1,896
45
condition, or other special needs of the child; 1,897
(b) Failure to provide reasonable supervision according to 1,899
the standards of care appropriate to the age, mental and physical 1,900
condition, or other special needs of the child, that results in 1,901
sexual or physical abuse of the child by any person; 1,902
(c) Failure to develop a process for all of the following: 1,904
(i) Administration of prescription drugs or psychotropic 1,906
drugs for the child; 1,907
(ii) Assuring that the instructions of the licensed 1,909
physician who prescribed a drug for the child are followed; 1,910
(iii) Reporting to the licensed physician who prescribed 1,912
the drug all unfavorable or dangerous side effects from the use 1,913
of the drug. 1,914
(d) Failure to provide proper or necessary subsistence, 1,916
education, medical care, or other individualized care necessary 1,917
for the health or well-being of the child; 1,918
(e) Confinement of the child to a locked room without 1,920
monitoring by staff; 1,921
(f) Failure to provide ongoing security for all 1,923
prescription and nonprescription medication; 1,924
(g) Isolation of a child for a period of time when there 1,926
is substantial risk that the isolation, if continued, will impair 1,927
or retard the mental health or physical well-being of the child. 1,928
(26)(24) "Permanent custody" means a legal status that 1,930
vests in a public children services agency or a private child 1,931
placing agency, all parental rights, duties, and obligations, 1,932
including the right to consent to adoption, and divests the 1,933
natural parents or adoptive parents of all parental rights, 1,934
privileges, and obligations, including all residual rights and 1,935
obligations.
(27) "Planned permanent living arrangement" means an order 1,938
of a juvenile court pursuant to which both of the following 1,939
apply:
(a) The court gives legal custody of a child to a public 1,941
46
children services agency or a private child placing agency 1,942
without the termination of parental rights. 1,943
(b) The order permits the agency to make an appropriate 1,945
placement of the child and to enter into a written agreement with 1,948
a foster care provider or with another person or agency with whom 1,949
the child is placed.
(28)(25) "Permanent surrender" means the act of the 1,951
parents or, if a child has only one parent, of the parent of a 1,952
child, by a voluntary agreement authorized by section 5103.15 of 1,954
the Revised Code, to transfer the permanent custody of the child
to a public children services agency or a private child placing 1,955
agency. 1,956
(29)(26) "Person responsible for a child's care in 1,958
out-of-home care" means any of the following: 1,960
(a) Any foster parent CAREGIVER, in-home aide, or 1,962
provider;
(b) Any administrator, employee, or agent of any of the 1,964
following: a public or private detention facility; shelter 1,965
facility; organization; certified organization; child day-care 1,966
center; type A family day-care home; certified type B family 1,967
day-care home; group home; institution; state institution; 1,968
residential facility; residential care facility; residential 1,969
camp; day camp; hospital; or medical clinic; 1,970
(c) Any other person who performs a similar function with 1,972
respect to, or has a similar relationship to, children. 1,973
(30)(27) "Physically impaired" means having one or more of 1,975
the following conditions that substantially limit one or more of 1,976
an individual's major life activities, including self-care, 1,977
receptive and expressive language, learning, mobility, and 1,978
self-direction:
(a) A substantial impairment of vision, speech, or 1,980
hearing;
(b) A congenital orthopedic impairment; 1,982
(c) An orthopedic impairment caused by disease, rheumatic 1,985
47
fever or any other similar chronic or acute health problem, or 1,986
amputation or another similar cause.
(31)(28) "Placement for adoption" means the arrangement by 1,988
a public children services agency or a private child placing 1,989
agency with a person for the care and adoption by that person of 1,990
a child of whom the agency has permanent custody. 1,991
(32)(29) "Placement in foster care" means the arrangement 1,994
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 1,995
temporary custody or permanent custody. 1,996
(33)(30) "PLANNED PERMANENT LIVING ARRANGEMENT" MEANS AN 1,999
ORDER OF A JUVENILE COURT PURSUANT TO WHICH BOTH OF THE FOLLOWING 2,000
APPLY:
(a) THE COURT GIVES LEGAL CUSTODY OF A CHILD TO A PUBLIC 2,002
CHILDREN SERVICES AGENCY OR A PRIVATE CHILD PLACING AGENCY 2,003
WITHOUT THE TERMINATION OF PARENTAL RIGHTS. 2,004
(b) THE ORDER PERMITS THE AGENCY TO MAKE AN APPROPRIATE 2,006
PLACEMENT OF THE CHILD AND TO ENTER INTO A WRITTEN AGREEMENT WITH 2,009
A FOSTER CARE PROVIDER OR WITH ANOTHER PERSON OR AGENCY WITH WHOM 2,010
THE CHILD IS PLACED.
(31) "Practice of social work" and "practice of 2,012
professional counseling" have the same meanings as in section 2,013
4757.01 of the Revised Code. 2,014
(34)(32) "Probation" means a legal status created by court 2,016
order following an adjudication that a child is a delinquent 2,017
child, a juvenile traffic offender, or an unruly child, whereby 2,018
the child is permitted to remain in the parent's, guardian's, or 2,019
custodian's home subject to supervision, or under the supervision 2,020
of any agency designated by the court and returned to the court 2,021
for violation of probation at any time during the period of 2,022
probation. 2,023
(35)(33) "Protective supervision" means an order of 2,025
disposition pursuant to which the court permits an abused, 2,026
neglected, dependent, unruly, or delinquent child or a juvenile 2,027
48
traffic offender to remain in the custody of the child's parents, 2,028
guardian, or custodian and stay in the child's home, subject to 2,029
any conditions and limitations upon the child, the child's 2,031
parents, guardian, or custodian, or any other person that the 2,033
court prescribes, including supervision as directed by the court 2,034
for the protection of the child. 2,035
(36)(34) "Psychiatrist" has the same meaning as in section 2,037
5122.01 of the Revised Code. 2,038
(37)(35) "Psychologist" has the same meaning as in section 2,040
4732.01 of the Revised Code. 2,041
(38)(36) "Residential camp" means a program in which the 2,043
care, physical custody, or control of children is accepted 2,046
overnight for recreational or recreational and educational 2,047
purposes.
(39)(37) "Residential care facility" means an institution, 2,049
residence, or facility that is licensed by the department of 2,050
mental health under section 5119.22 of the Revised Code and that 2,051
provides care for a child. 2,052
(40)(38) "Residential facility" means a home or facility 2,054
that is licensed by the department of mental retardation and 2,055
developmental disabilities under section 5123.19 of the Revised 2,056
Code and in which a child with a developmental disability 2,057
resides. 2,058
(41)(39) "Residual parental rights, privileges, and 2,060
responsibilities" means those rights, privileges, and 2,061
responsibilities remaining with the natural parent after the 2,062
transfer of legal custody of the child, including, but not 2,063
necessarily limited to, the privilege of reasonable visitation, 2,064
consent to adoption, the privilege to determine the child's 2,065
religious affiliation, and the responsibility for support. 2,066
(42)(40) "Secure correctional facility" means a facility 2,068
under the direction of the department of youth services that is 2,069
designed to physically restrict the movement and activities of 2,070
children and used for the placement of children after 2,071
49
adjudication and disposition.
(43)(41) "Sexual activity" has the same meaning as in 2,073
section 2907.01 of the Revised Code. 2,074
(44)(42) "Shelter" means the temporary care of children in 2,076
physically unrestricted facilities pending court adjudication or 2,077
disposition. 2,078
(45)(43) "Shelter for victims of domestic violence" has 2,080
the same meaning as in section 3113.33 of the Revised Code. 2,081
(46)(44) "Temporary custody" means legal custody of a 2,083
child who is removed from the child's home, which custody may be 2,084
terminated at any time at the discretion of the court or, if the 2,086
legal custody is granted in an agreement for temporary custody, 2,087
by the person who executed the agreement. 2,088
(C) For the purposes of this chapter, a child shall be 2,090
presumed abandoned when the parents of the child have failed to 2,091
visit or maintain contact with the child for more than ninety 2,092
days, regardless of whether the parents resume contact with the 2,093
child after that period of ninety days. 2,094
Sec. 2151.312. (A) Except as provided in divisions (B) 2,103
and (F) of this section, a child alleged to be or adjudicated a 2,104
delinquent child, an unruly child, or a juvenile traffic offender 2,105
may be held only in the following places: 2,106
(1) A certified family foster home or a home approved by 2,108
the court; 2,109
(2) A facility operated by a certified child welfare 2,111
agency; 2,112
(3) Any other suitable place designated by the court. 2,114
(B) In addition to the places listed in division (A) of 2,116
this section, a child alleged to be or adjudicated a delinquent 2,117
child may be held in a detention home or center for delinquent 2,118
children that is under the direction or supervision of the court 2,119
or other public authority or of a private agency and approved by 2,120
the court.
(C)(1) Except as provided under division (C)(1) of section 2,122
50
2151.311 of the Revised Code or division (A)(6) of section 2,123
2151.356 of the Revised Code, a child alleged to be or 2,125
adjudicated a neglected child, an abused child, a dependent
child, an unruly child, or a juvenile traffic offender may not be 2,126
held in any of the following facilities: 2,127
(a) A state correctional institution, county, multicounty, 2,130
or municipal jail or workhouse, or other place in which an adult 2,131
convicted of crime, under arrest, or charged with a crime is 2,132
held.
(b) A secure correctional facility. 2,134
(2) Except as provided under sections 2151.56 to 2151.61 2,136
and division (A)(6) of section 2151.356 of the Revised Code and 2,137
division (C)(3) of this section, a child alleged to be or 2,138
adjudicated an unruly child or a juvenile traffic offender may 2,139
not be held for more than twenty-four hours in a detention home. 2,140
A child alleged to be or adjudicated a neglected child, an abused 2,141
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 2,143
unruly child and who is taken into custody on a Saturday, Sunday, 2,145
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 2,146
that is not a Saturday, Sunday, or legal holiday. 2,147
(D) Except as provided in division (F) of this section or 2,149
in division (C) of section 2151.311, in division (C)(2) of 2,150
section 5139.06 and section 5120.162, or in division (B) of 2,152
section 5120.16 of the Revised Code, a child who is alleged to be 2,153
or is adjudicated a delinquent child may not be held in a state 2,154
correctional institution, county, multicounty, or municipal jail 2,155
or workhouse, or other place where an adult convicted of crime, 2,156
under arrest, or charged with crime is held. 2,157
(E) Unless the detention is pursuant to division (F) of 2,159
this section or division (C) of section 2151.311, division (C)(2) 2,161
of section 5139.06 and section 5120.162, or division (B) of 2,163
51
section 5120.16 of the Revised Code, the official in charge of 2,164
the institution, jail, workhouse, or other facility shall inform 2,165
the court immediately when a child, who is or appears to be under 2,166
the age of eighteen years, is received at the facility, and shall 2,167
deliver the child to the court upon request or transfer the child 2,168
to a detention facility designated by the court. 2,169
(F) If a case is transferred to another court for criminal 2,171
prosecution pursuant to section 2151.26 of the Revised Code, the 2,172
child may be transferred for detention pending the criminal 2,173
prosecution in a jail or other facility in accordance with the 2,174
law governing the detention of persons charged with crime. Any 2,175
child so held shall be confined in a manner that keeps the child 2,176
beyond the range of touch of all adult detainees. The child 2,177
shall be supervised at all times during the detention. 2,178
Sec. 2151.331. A child alleged to be or adjudicated an 2,187
abused, neglected, dependent, or unruly child or a juvenile 2,188
traffic offender may be detained after a complaint is filed in a 2,189
certified family foster home for a period not exceeding sixty 2,191
days or until the final disposition of the case, whichever comes 2,192
first. The court also may arrange with a public children 2,193
services agency or private child placing agency to receive, or 2,194
with a private noncustodial agency for temporary care of, the 2,195
child within the jurisdiction of the court. A child alleged to
be or adjudicated an unruly child also may be assigned to an 2,196
alternative diversion program established by the court for a 2,197
period not exceeding sixty days after a complaint is filed or 2,198
until final disposition of the case, whichever comes first. 2,199
If the court arranges for the board of a child temporarily 2,201
detained in a certified family foster home or arranges for the 2,202
board of a child through a private child placing agency, the 2,205
board of county commissioners shall pay a reasonable sum, which 2,206
the court shall fix, for the board of the child. In order to
have certified family foster homes available for service, an 2,207
agreed monthly subsidy may be paid in addition to a fixed rate 2,209
52
per day for care of a child actually residing in the certified 2,210
family foster home.
Sec. 2151.34. A child who is alleged to be or adjudicated 2,219
a delinquent child may be confined in a place of juvenile 2,221
detention for a period not to exceed ninety days, during which 2,222
time a social history may be prepared to include court record, 2,223
family history, personal history, school and attendance records, 2,224
and any other pertinent studies and material that will be of 2,225
assistance to the juvenile court in its disposition of the 2,226
charges against that juvenile offender.
Upon the advice and recommendation of the judge, the board 2,228
of county commissioners shall provide, by purchase, lease, 2,229
construction, or otherwise, a place to be known as a detention 2,230
home that shall be within a convenient distance of the juvenile 2,231
court and shall not be used for the confinement of adults charged 2,232
with criminal offenses and in which delinquent children may be 2,233
detained until final disposition. Upon the joint advice and 2,235
recommendation of the juvenile judges of two or more adjoining or 2,236
neighboring counties, the boards of county commissioners of the 2,237
counties shall form themselves into a joint board and proceed to 2,238
organize a district for the establishment and support of a 2,239
detention home for the use of the juvenile courts of those 2,240
counties, in which delinquent children may be detained until 2,241
final disposition, by using a site or buildings already 2,242
established in one of the counties or by providing for the 2,243
purchase of a site and the erection of the necessary buildings on 2,244
the site.
A child who is adjudicated to be a juvenile traffic 2,246
offender for having committed a violation of division (A) of 2,247
section 4511.19 of the Revised Code or of a municipal ordinance 2,248
that is substantially comparable to that division may be confined 2,249
in a detention home or district detention home pursuant to 2,250
division (A)(6) of section 2151.356 of the Revised Code, provided 2,251
the child is kept separate and apart from alleged delinquent 2,252
53
children.
The county or district detention home shall be maintained 2,254
as provided in sections 2151.01 to 2151.54 of the Revised Code. 2,255
In any county in which there is no detention home or that is not 2,256
served by a district detention home, the board of county 2,257
commissioners shall provide funds for the boarding of such 2,258
children temporarily in private homes. Children who are alleged 2,259
to be or have been adjudicated delinquent children may be 2,260
detained after a complaint is filed in the detention home until 2,261
final disposition of their cases or in certified family foster 2,262
homes or in any other home approved by the court, if any are 2,263
available, for a period not exceeding sixty days or until final 2,264
disposition of their cases, whichever comes first. The court 2,265
also may arrange with any public children services agency or 2,266
private child placing agency to receive, or private noncustodial 2,267
agency for temporary care of, the children within the 2,268
jurisdiction of the court. A district detention home approved 2,269
for such purpose by the department of youth services under 2,270
section 5139.281 of the Revised Code may receive children 2,271
committed to its temporary custody under section 2151.355 of the 2,272
Revised Code and provide the care, treatment, and training 2,273
required.
If a detention home is established as an agency of the 2,275
court or a district detention home is established by the courts 2,276
of several counties as provided in this section, it shall be 2,277
furnished and carried on, as far as possible, as a family home in 2,278
charge of a superintendent or matron in a nonpunitive neutral 2,279
atmosphere. The judge, or the directing board of a district 2,280
detention home, may appoint a superintendent, a matron, and other 2,281
necessary employees for the home and fix their salaries. During 2,282
the school year, when possible, a comparable educational program 2,283
with competent and trained staff shall be provided for those 2,284
children of school age. A sufficient number of trained 2,285
recreational personnel shall be included among the staff to 2,286
54
assure wholesome and profitable leisure-time activities. Medical 2,287
and mental health services shall be made available to ensure the 2,288
courts all possible treatment facilities shall be given to those 2,289
children placed under their care. In the case of a county 2,290
detention home, the salaries shall be paid in the same manner as 2,291
is provided by section 2151.13 of the Revised Code for other 2,292
employees of the court, and the necessary expenses incurred in 2,293
maintaining the detention home shall be paid by the county. In 2,294
the case of a district detention home, the salaries and the 2,295
necessary expenses incurred in maintaining the district detention 2,296
home shall be paid as provided in sections 2151.341 to 2151.3415 2,297
of the Revised Code. 2,298
If the court arranges for the board of children temporarily 2,300
detained in family CERTIFIED foster homes or arranges for the 2,301
board of those children through any private child placing agency, 2,303
a reasonable sum to be fixed by the court for the board of those 2,304
children shall be paid by the county. In order to have family 2,305
CERTIFIED foster homes available for service, an agreed monthly 2,307
subsidy may be paid and a fixed rate per day for care of children 2,308
actually residing in the family CERTIFIED foster home. 2,309
Sec. 2151.353. (A) If a child is adjudicated an abused, 2,318
neglected, or dependent child, the court may make any of the 2,319
following orders of disposition: 2,320
(1) Place the child in protective supervision; 2,322
(2) Commit the child to the temporary custody of a public 2,324
children services agency, a private child placing agency, either 2,325
parent, a relative residing within or outside the state, or a 2,326
probation officer for placement in a certified family foster home 2,328
or in any other home approved by the court;
(3) Award legal custody of the child to either parent or 2,330
to any other person who, prior to the dispositional hearing, 2,331
files a motion requesting legal custody of the child; 2,332
(4) Commit the child to the permanent custody of a public 2,334
children services agency or private child placing agency, if the 2,335
55
court determines in accordance with division (E) of section 2,336
2151.414 of the Revised Code that the child cannot be placed with 2,337
one of the child's parents within a reasonable time or should not 2,338
be placed with either parent and determines in accordance with 2,339
division (D) of section 2151.414 of the Revised Code that the 2,340
permanent commitment is in the best interest of the child. If 2,341
the court grants permanent custody under this division, the 2,342
court, upon the request of any party, shall file a written 2,343
opinion setting forth its findings of fact and conclusions of law 2,344
in relation to the proceeding. 2,345
(5) Place the child in a planned permanent living 2,348
arrangement with a public children services agency or private 2,349
child placing agency, if a public children services agency or 2,350
private child placing agency requests the court to place the 2,351
child in a planned permanent living arrangement and if the court 2,352
finds, by clear and convincing evidence, that a planned permanent 2,354
living arrangement is in the best interest of the child and that 2,356
one of the following exists:
(a) The child, because of physical, mental, or 2,358
psychological problems or needs, is unable to function in a 2,359
family-like setting and must remain in residential or 2,360
institutional care. 2,361
(b) The parents of the child have significant physical, 2,363
mental, or psychological problems and are unable to care for the 2,364
child because of those problems, adoption is not in the best 2,365
interest of the child, as determined in accordance with division 2,366
(D) of section 2151.414 of the Revised Code, and the child 2,367
retains a significant and positive relationship with a parent or 2,368
relative. 2,369
(c) The child is sixteen years of age or older, has been 2,371
counseled on the permanent placement options available to the 2,372
child, is unwilling to accept or unable to adapt to a permanent 2,373
placement, and is in an agency program preparing the child for 2,374
independent living.
56
(6) Order the removal from the child's home until further 2,377
order of the court of the person who committed abuse as described 2,378
in section 2151.031 of the Revised Code against the child, who 2,379
caused or allowed the child to suffer neglect as described in 2,380
section 2151.03 of the Revised Code, or who is the parent, 2,381
guardian, or custodian of a child who is adjudicated a dependent 2,382
child and order any person not to have contact with the child or 2,383
the child's siblings. 2,384
(B) No order for permanent custody or temporary custody of 2,386
a child or the placement of a child in a planned permanent living 2,388
arrangement shall be made pursuant to this section unless the 2,389
complaint alleging the abuse, neglect, or dependency contains a 2,390
prayer requesting permanent custody, temporary custody, or the 2,391
placement of the child in a planned permanent living arrangement 2,393
as desired, the summons served on the parents of the child 2,394
contains as is appropriate a full explanation that the granting 2,395
of an order for permanent custody permanently divests them of 2,396
their parental rights, a full explanation that an adjudication 2,397
that the child is an abused, neglected, or dependent child may 2,398
result in an order of temporary custody that will cause the 2,399
removal of the child from their legal custody until the court 2,400
terminates the order of temporary custody or permanently divests 2,401
the parents of their parental rights, or a full explanation that 2,402
the granting of an order for a planned permanent living
arrangement will result in the removal of the child from their 2,404
legal custody if any of the conditions listed in divisions 2,405
(A)(5)(a) to (c) of this section are found to exist, and the 2,406
summons served on the parents contains a full explanation of 2,407
their right to be represented by counsel and to have counsel 2,408
appointed pursuant to Chapter 120. of the Revised Code if they 2,409
are indigent. 2,410
If after making disposition as authorized by division 2,412
(A)(2) of this section, a motion is filed that requests permanent 2,413
custody of the child, the court may grant permanent custody of 2,414
57
the child to the movant in accordance with section 2151.414 of 2,415
the Revised Code. 2,416
(C) If the court issues an order for protective 2,418
supervision pursuant to division (A)(1) of this section, the 2,419
court may place any reasonable restrictions upon the child, the 2,420
child's parents, guardian, or custodian, or any other person, 2,421
including, but not limited to, any of the following: 2,422
(1) Order a party, within forty-eight hours after the 2,424
issuance of the order, to vacate the child's home indefinitely or 2,425
for a specified period of time; 2,426
(2) Order a party, a parent of the child, or a physical 2,428
custodian of the child to prevent any particular person from 2,429
having contact with the child; 2,430
(3) Issue an order restraining or otherwise controlling 2,432
the conduct of any person which conduct would not be in the best 2,433
interest of the child. 2,434
(D) As part of its dispositional order, the court shall 2,436
journalize a case plan for the child. The journalized case plan 2,437
shall not be changed except as provided in section 2151.412 of 2,438
the Revised Code. 2,439
(E)(1) The court shall retain jurisdiction over any child 2,441
for whom the court issues an order of disposition pursuant to 2,442
division (A) of this section or pursuant to section 2151.414 or 2,443
2151.415 of the Revised Code until the child attains the age of 2,444
eighteen YEARS if the child is not mentally retarded, 2,446
developmentally disabled, or physically impaired, the child 2,447
attains the age of twenty-one YEARS if the child is mentally
retarded, developmentally disabled, or physically impaired, or 2,449
the child is adopted and a final decree of adoption is issued, 2,450
except that the court may retain jurisdiction over the child and 2,451
continue any order of disposition under division (A) of this 2,452
section or under section 2151.414 or 2151.415 of the Revised Code 2,453
for a specified period of time to enable the child to graduate 2,454
from high school or vocational school. The court shall make an 2,455
58
entry continuing its jurisdiction under this division in the 2,456
journal.
(2) Any public children services agency, any private child 2,458
placing agency, the department of job and family services, or any 2,460
party, other than any parent whose parental rights with respect 2,461
to the child have been terminated pursuant to an order issued 2,462
under division (A)(4) of this section, by filing a motion with 2,463
the court, may at any time request the court to modify or 2,464
terminate any order of disposition issued pursuant to division 2,465
(A) of this section or section 2151.414 or 2151.415 of the 2,466
Revised Code. The court shall hold a hearing upon the motion as 2,467
if the hearing were the original dispositional hearing and shall 2,468
give all parties to the action and the guardian ad litem notice 2,469
of the hearing pursuant to the Juvenile Rules. If applicable, 2,470
the court shall comply with section 2151.42 of the Revised Code. 2,471
(F) Any temporary custody order issued pursuant to 2,473
division (A) of this section shall terminate one year after the 2,474
earlier of the date on which the complaint in the case was filed 2,475
or the child was first placed into shelter care, except that, 2,476
upon the filing of a motion pursuant to section 2151.415 of the 2,477
Revised Code, the temporary custody order shall continue and not 2,478
terminate until the court issues a dispositional order under that 2,479
section. 2,480
(G)(1) No later than one year after the earlier of the 2,482
date the complaint in the case was filed or the child was first 2,483
placed in shelter care, a party may ask the court to extend an 2,484
order for protective supervision for six months or to terminate 2,485
the order. A party requesting extension or termination of the 2,486
order shall file a written request for the extension or
termination with the court and give notice of the proposed 2,487
extension or termination in writing before the end of the day 2,488
after the day of filing it to all parties and the child's 2,489
guardian ad litem. If a public children services agency or 2,490
private child placing agency requests termination of the order,
59
the agency shall file a written status report setting out the 2,491
facts supporting termination of the order at the time it files 2,492
the request with the court. If no party requests extension or 2,493
termination of the order, the court shall notify the parties that 2,494
the court will extend the order for six months or terminate it 2,495
and that it may do so without a hearing unless one of the parties
requests a hearing. All parties and the guardian ad litem shall 2,496
have seven days from the date a notice is sent pursuant to this 2,497
division to object to and request a hearing on the proposed 2,498
extension or termination.
(a) If it receives a timely request for a hearing, the 2,500
court shall schedule a hearing to be held no later than thirty 2,501
days after the request is received by the court. The court shall 2,502
give notice of the date, time, and location of the hearing to all 2,503
parties and the guardian ad litem. At the hearing, the court 2,504
shall determine whether extension or termination of the order is 2,505
in the child's best interest. If termination is in the child's
best interest, the court shall terminate the order. If extension 2,506
is in the child's best interest, the court shall extend the order 2,507
for six months.
(b) If it does not receive a timely request for a hearing, 2,509
the court may extend the order for six months or terminate it 2,510
without a hearing and shall journalize the order of extension or 2,511
termination not later than fourteen days after receiving the 2,512
request for extension or termination or after the date the court 2,513
notifies the parties that it will extend or terminate the order. 2,514
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 2,515
expiration of the applicable fourteen-day time period and give 2,516
notice of the date, time, and location of the hearing to all 2,517
parties and the child's guardian ad litem. At the hearing, the 2,518
court shall determine whether extension or termination of the 2,519
order is in the child's best interest. If termination is in the
child's best interest, the court shall terminate the order. If 2,520
60
extension is in the child's best interest, the court shall issue 2,521
an order extending the order for protective supervision six 2,522
months.
(2) If the court grants an extension of the order for 2,524
protective supervision pursuant to division (G)(1) of this 2,525
section, a party may, prior to termination of the extension, file 2,526
with the court a request for an additional extension of six 2,527
months or for termination of the order. The court and the 2,528
parties shall comply with division (G)(1) of this section with 2,529
respect to extending or terminating the order.
(3) If a court grants an extension pursuant to division 2,531
(G)(2) of this section, the court shall terminate the order for 2,532
protective supervision at the end of the extension. 2,533
(H) The court shall not issue a dispositional order 2,535
pursuant to division (A) of this section that removes a child 2,536
from the child's home unless the court complies with section 2,537
2151.419 of the Revised Code and includes in the dispositional 2,540
order the findings of fact required by that section. 2,541
(I) If a motion or application for an order described in 2,544
division (A)(6) of this section is made, the court shall not 2,545
issue the order unless, prior to the issuance of the order, it 2,546
provides to the person all of the following:
(1) Notice and a copy of the motion or application; 2,548
(2) The grounds for the motion or application; 2,550
(3) An opportunity to present evidence and witnesses at a 2,552
hearing regarding the motion or application; 2,553
(4) An opportunity to be represented by counsel at the 2,555
hearing. 2,556
(J) The jurisdiction of the court shall terminate one year 2,559
after the date of the award or, if the court takes any further 2,560
action in the matter subsequent to the award, the date of the 2,561
latest further action subsequent to the award, if the court 2,562
awards legal custody of a child to either of the following: 2,563
(1) A legal custodian who, at the time of the award of 2,565
61
legal custody, resides in a county of this state other than the 2,566
county in which the court is located;
(2) A legal custodian who resides in the county in which 2,568
the court is located at the time of the award of legal custody, 2,569
but moves to a different county of this state prior to one year 2,570
after the date of the award or, if the court takes any further 2,571
action in the matter subsequent to the award, one year after the 2,572
date of the latest further action subsequent to the award.
The court in the county in which the legal custodian 2,574
resides then shall have jurisdiction in the matter. 2,575
Sec. 2151.411. (A) A parent of a child whose marriage to 2,584
the other parent of the child has not been terminated by divorce, 2,585
dissolution of marriage, or annulment, a parent who has parental 2,586
rights and responsibilities for the care of a child and is the 2,587
residential parent and legal custodian of the child, a guardian 2,588
who has custody of a child, or any other custodian of a child is
charged with the control of the child and shall have the power to 2,590
exercise parental control and authority over the child. 2,591
(B) If a child is adjudicated a delinquent child and 2,593
placed on probation, if a parent of the child whose marriage to 2,594
the other parent of the child has not been terminated by divorce, 2,595
dissolution of marriage, or annulment or the parent who has 2,596
parental rights and responsibilities for the care of the child 2,597
and is the residential parent and legal custodian of the child 2,598
was notified prior to the adjudication hearing of the provisions 2,599
of this division and of the possibility that the provisions may 2,600
be applied to the parent, and if the court finds at the hearing 2,601
that the parent has failed or neglected to subject the child to 2,602
reasonable parental control and authority and that that parent's 2,603
failure or neglect is the proximate cause of the act or acts of 2,604
the child upon which the delinquent child adjudication is based, 2,605
the court may require that parent to enter into a recognizance 2,606
with sufficient surety, in an amount of not more than five 2,607
hundred dollars, conditioned upon the faithful discharge of the 2,608
62
conditions of probation of the child. If the child then commits 2,609
a second act and is adjudicated a delinquent child for the 2,610
commission of the second act or violates the conditions of 2,611
probation and if the court finds at the hearing that the failure 2,612
or neglect of a parent of the child whose marriage to the other 2,613
parent of the child has not been terminated by divorce,
dissolution of marriage, or annulment or the parent who has 2,614
parental rights and responsibilities for the care of the child 2,615
and is the residential parent and legal custodian of the child to 2,616
subject the child to reasonable parental control and authority or 2,617
faithfully to discharge the conditions of probation of the child 2,618
on the part of that parent is the proximate cause of the act or 2,619
acts of the child upon which the second delinquent child 2,620
adjudication is based or upon which the child is found to have 2,621
violated the conditions of the child's probation, the court may 2,623
declare all or a part of the recognizance forfeited. The 2,624
proceeds of the forfeited recognizance shall be used to pay any 2,625
damages caused by the child, and the proceeds of the forfeited 2,626
recognizance remaining after the payment of any damages shall be 2,627
paid into the county treasury. 2,628
(C)(1) If a child is adjudicated a delinquent child, the 2,630
court may issue an order requiring either parent or both parents 2,631
of the child whose marriage to the other parent of the child has 2,632
not been terminated by divorce, dissolution of marriage, or 2,633
annulment, the parent who has parental rights and
responsibilities for the care of the child and is the residential 2,634
parent and legal custodian of the child, or the guardian or other 2,635
custodian of the child to exercise appropriate and necessary 2,636
control and authority over the child to ensure that the child 2,637
complies with the terms and conditions of probation imposed upon 2,638
the child, treatment or testing that the child is required to 2,639
take part in, and the terms of any other order of disposition 2,640
that the court imposed upon the child pursuant to section 2,641
2151.355 of the Revised Code. The court shall give a copy of the 2,642
63
order to the child and to the parent, guardian, or custodian who 2,643
is the subject of the order and shall notify that parent, 2,644
guardian, or custodian that a willful failure to comply with the 2,645
order is contempt of court. If the court determines that any 2,646
parent, guardian, or custodian willfully has failed to comply 2,647
with an order issued pursuant to division (C)(1) of this section, 2,648
it may punish the parent, guardian, or custodian for contempt of 2,649
court or take other action that it determines is necessary to 2,650
ensure that the child will comply with the terms and conditions 2,651
of the order of disposition made pursuant to section 2151.355 of 2,652
the Revised Code. 2,653
(2)(a) If a child is adjudicated a delinquent child and is 2,655
granted probation under division (A)(2) of section 2151.355 of 2,656
the Revised Code, the court that places the child on probation 2,657
shall provide the written notice described in division (C)(2)(b) 2,658
of this section to the following individuals:
(i) To each parent of the child whose marriage to the 2,660
other parent of the child has not been terminated by divorce, 2,661
dissolution of marriage, or annulment; 2,662
(ii) To the parent of the child who has parental rights 2,664
and responsibilities for the care of the child and who is the 2,665
residential parent and legal custodian of the child and, if the 2,667
court knows or is able to determine through the exercise of
reasonable diligence the identity and residence address of the 2,668
parent of the child who does not have parental rights and 2,669
responsibilities for the care of the child and who is not the 2,670
residential parent and legal custodian of the child, to that 2,671
parent;
(iii) To the guardian who has custody of the child; 2,673
(iv) To the other custodian of the child. 2,675
(b) The court that places the child on probation shall 2,677
provide the appropriate individuals described in division 2,678
(C)(2)(a) of this section with a written notice that informs them 2,679
that authorized probation officers who are engaged within the 2,680
64
scope of their supervisory duties or responsibilities may conduct 2,681
searches as described in division (L) of section 2151.355 of the 2,682
Revised Code during the period of probation if they have 2,683
reasonable grounds to believe that the child is not abiding by 2,684
the law or otherwise is not complying with the conditions of the 2,685
child's probation. The notice shall specifically state that a 2,686
permissible search might extend to a motor vehicle, another item
of tangible or intangible personal property, or a place of 2,687
residence or other real property in which a notified parent, 2,688
guardian, or custodian has a right, title, or interest and that 2,689
the parent, guardian, or custodian expressly or impliedly permits 2,690
the child to use, occupy, or possess.
(D) The provisions of this section dealing with the 2,692
failure or neglect of parents to subject a child to reasonable 2,693
parental control and authority are in addition to and not in 2,694
substitution for any other provision of this chapter dealing with 2,695
the failure or neglect of a person to exercise parental control 2,696
or authority over a child. The provisions of division (B) of 2,697
this section do not apply to foster parents CAREGIVERS. 2,698
Sec. 2151.414. (A)(1) Upon the filing of a motion 2,707
pursuant to section 2151.413 of the Revised Code for permanent 2,708
custody of a child, the court shall schedule a hearing and give 2,710
notice of the filing of the motion and of the hearing, in 2,711
accordance with section 2151.29 of the Revised Code, to all 2,712
parties to the action and to the child's guardian ad litem. The 2,713
notice also shall contain a full explanation that the granting of 2,714
permanent custody permanently divests the parents of their 2,715
parental rights, a full explanation of their right to be 2,716
represented by counsel and to have counsel appointed pursuant to 2,717
Chapter 120. of the Revised Code if they are indigent, and the 2,718
name and telephone number of the court employee designated by the 2,719
court pursuant to section 2151.314 of the Revised Code to arrange 2,720
for the prompt appointment of counsel for indigent persons. 2,721
The court shall conduct a hearing in accordance with 2,724
65
section 2151.35 of the Revised Code to determine if it is in the 2,725
best interest of the child to permanently terminate parental 2,726
rights and grant permanent custody to the agency that filed the 2,727
motion. The adjudication that the child is an abused, neglected, 2,728
or dependent child and any dispositional order that has been 2,729
issued in the case under section 2151.353 of the Revised Code 2,730
pursuant to the adjudication shall not be readjudicated at the 2,732
hearing and shall not be affected by a denial of the motion for 2,734
permanent custody.
(2) The court shall hold the hearing scheduled pursuant to 2,737
division (A)(1) of this section not later than one hundred twenty 2,738
days after the agency files the motion for permanent custody, 2,739
except that, for good cause shown, the court may continue the 2,740
hearing for a reasonable period of time beyond the
one-hundred-twenty-day deadline. The court shall issue an order 2,742
that grants, denies, or otherwise disposes of the motion for 2,743
permanent custody, and journalize the order, not later than two
hundred days after the agency files the motion. 2,744
If a motion is made under division (D)(2) of section 2,747
2151.413 of the Revised Code and no dispositional hearing has 2,750
been held in the case, the court may hear the motion in the 2,751
dispositional hearing required by division (B) of section 2151.35 2,753
of the Revised Code. If the court issues an order pursuant to 2,755
section 2151.353 of the Revised Code granting permanent custody 2,757
of the child to the agency, the court shall immediately dismiss 2,758
the motion made under division (D)(2) of section 2151.413 of the 2,761
Revised Code. 2,762
The failure of the court to comply with the time periods 2,764
set forth in division (A)(2) of this section does not affect the 2,766
authority of the court to issue any order under this chapter and 2,767
does not provide any basis for attacking the jurisdiction of the 2,768
court or the validity of any order of the court.
(B)(1) Except as provided in division (B)(2) of this 2,771
section, the court may grant permanent custody of a child to a 2,772
66
movant if the court determines at the hearing held pursuant to 2,773
division (A) of this section, by clear and convincing evidence, 2,774
that it is in the best interest of the child to grant permanent 2,775
custody of the child to the agency that filed the motion for 2,776
permanent custody and that any of the following apply: 2,777
(a) The child is not abandoned or orphaned or has not been 2,780
in the temporary custody of one or more public children services 2,781
agencies or private child placing agencies for twelve or more 2,784
months of a consecutive twenty-two month period ending on or 2,788
after March 18, 1999, and the child cannot be placed with either 2,791
of the child's parents within a reasonable time or should not be 2,792
placed with the child's parents. 2,793
(b) The child is abandoned. 2,795
(c) The child is orphaned, and there are no relatives of 2,798
the child who are able to take permanent custody. 2,799
(d) The child has been in the temporary custody of one or 2,801
more public children services agencies or private child placing 2,803
agencies for twelve or more months of a consecutive twenty-two 2,806
month period ending on or after March 18, 1999. 2,807
For the purposes of division (B)(1) of this section, a 2,809
child shall be considered to have entered the temporary custody 2,810
of an agency on the earlier of the date the child is adjudicated 2,811
pursuant to section 2151.28 of the Revised Code or the date that 2,812
is sixty days after the removal of the child from home. 2,813
(2) With respect to a motion made pursuant to division 2,815
(D)(2) of section 2151.413 of the Revised Code, the court shall 2,818
grant permanent custody of the child to the movant if the court 2,819
determines in accordance with division (E) of this section that 2,821
the child cannot be placed with one of the child's parents within 2,822
a reasonable time or should not be placed with either parent and 2,823
determines in accordance with division (D) of this section that 2,825
permanent custody is in the child's best interest. 2,826
(C) In making the determinations required by this section 2,828
or division (A)(4) of section 2151.353 of the Revised Code, a 2,829
67
court shall not consider the effect the granting of permanent 2,830
custody to the agency would have upon any parent of the child. A 2,831
written report of the guardian ad litem of the child shall be 2,832
submitted to the court prior to or at the time of the hearing 2,833
held pursuant to division (A) of this section or section 2151.35 2,834
of the Revised Code but shall not be submitted under oath. 2,835
If the court grants permanent custody of a child to a 2,837
movant under this division, the court, upon the request of any 2,838
party, shall file a written opinion setting forth its findings of 2,839
fact and conclusions of law in relation to the proceeding. The 2,840
court shall not deny an agency's motion for permanent custody 2,841
solely because the agency failed to implement any particular 2,842
aspect of the child's case plan. 2,843
(D) In determining the best interest of a child at a 2,845
hearing held pursuant to division (A) of this section or for the 2,846
purposes of division (A)(4) or (5) of section 2151.353 or 2,847
division (C) of section 2151.415 of the Revised Code, the court 2,850
shall consider all relevant factors, including, but not limited 2,851
to, the following:
(1) The interaction and interrelationship of the child 2,853
with the child's parents, siblings, relatives, foster parents 2,854
CAREGIVERS and out-of-home providers, and any other person who 2,856
may significantly affect the child; 2,857
(2) The wishes of the child, as expressed directly by the 2,859
child or through the child's guardian ad litem, with due regard 2,861
for the maturity of the child;
(3) The custodial history of the child, including whether 2,863
the child has been in the temporary custody of one or more public 2,864
children services agencies or private child placing agencies for 2,867
twelve or more months of a consecutive twenty-two month period 2,871
ending on or after March 18, 1999; 2,872
(4) The child's need for a legally secure permanent 2,874
placement and whether that type of placement can be achieved 2,875
without a grant of permanent custody to the agency; 2,876
68
(5) Whether any of the factors in divisions (E)(7) to (11) 2,879
of this section apply in relation to the parents and child. 2,881
For the purposes of this division, a child shall be 2,883
considered to have entered the temporary custody of an agency on 2,884
the earlier of the date the child is adjudicated pursuant to 2,885
section 2151.28 of the Revised Code or the date that is sixty 2,887
days after the removal of the child from home. 2,888
(E) In determining at a hearing held pursuant to division 2,890
(A) of this section or for the purposes of division (A)(4) of 2,891
section 2151.353 of the Revised Code whether a child cannot be 2,892
placed with either parent within a reasonable period of time or 2,894
should not be placed with the parents, the court shall consider 2,895
all relevant evidence. If the court determines, by clear and 2,897
convincing evidence, at a hearing held pursuant to division (A) 2,898
of this section or for the purposes of division (A)(4) of section 2,899
2151.353 of the Revised Code that one or more of the following 2,900
exist as to each of the child's parents, the court shall enter a
finding that the child cannot be placed with either parent within 2,901
a reasonable time or should not be placed with either parent: 2,903
(1) Following the placement of the child outside the 2,905
child's home and notwithstanding reasonable case planning and 2,906
diligent efforts by the agency to assist the parents to remedy 2,907
the problems that initially caused the child to be placed outside 2,908
the home, the parent has failed continuously and repeatedly to 2,909
substantially remedy the conditions causing the child to be 2,910
placed outside the child's home. In determining whether the 2,911
parents have substantially remedied those conditions, the court 2,912
shall consider parental utilization of medical, psychiatric, 2,913
psychological, and other social and rehabilitative services and 2,914
material resources that were made available to the parents for 2,915
the purpose of changing parental conduct to allow them to resume 2,916
and maintain parental duties. 2,917
(2) Chronic mental illness, chronic emotional illness, 2,919
mental retardation, physical disability, or chemical dependency 2,920
69
of the parent that is so severe that it makes the parent unable 2,921
to provide an adequate permanent home for the child at the 2,922
present time and, as anticipated, within one year after the court 2,923
holds the hearing pursuant to division (A) of this section or for 2,924
the purposes of division (A)(4) of section 2151.353 of the 2,925
Revised Code;
(3) The parent committed any abuse as described in section 2,927
2151.031 of the Revised Code against the child, caused the child 2,928
to suffer any neglect as described in section 2151.03 of the 2,929
Revised Code, or allowed the child to suffer any neglect as 2,930
described in section 2151.03 of the Revised Code between the date 2,931
that the original complaint alleging abuse or neglect was filed 2,932
and the date of the filing of the motion for permanent custody; 2,933
(4) The parent has demonstrated a lack of commitment 2,935
toward the child by failing to regularly support, visit, or 2,936
communicate with the child when able to do so, or by other 2,937
actions showing an unwillingness to provide an adequate permanent 2,938
home for the child; 2,939
(5) The parent is incarcerated for an offense committed 2,941
against the child or a sibling of the child; 2,942
(6) The parent has been convicted of or pleaded guilty to 2,944
an offense under division (A) or (C) of section 2919.22 or under 2,946
section 2903.16, 2903.21, 2903.34, 2905.01, 2905.02, 2905.03, 2,947
2905.04, 2905.05, 2907.07, 2907.08, 2907.09, 2907.12, 2907.21, 2,949
2907.22, 2907.23, 2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 2,950
2907.323, 2911.01, 2911.02, 2911.11, 2911.12, 2919.12, 2919.24, 2,951
2919.25, 2923.12, 2923.13, 2923.161, 2925.02, or 3716.11 of the 2,952
Revised Code and the child or a sibling of the child was a victim 2,954
of the offense or the parent has been convicted of or pleaded 2,955
guilty to an offense under section 2903.04 of the Revised Code, a 2,956
sibling of the child was the victim of the offense, and the 2,957
parent who committed the offense poses an ongoing danger to the 2,959
child or a sibling of the child. 2,960
(7) The parent has been convicted of or pleaded guilty to 2,963
70
one of the following: 2,964
(a) An offense under section 2903.01, 2903.02, or 2903.03 2,967
of the Revised Code or under an existing or former law of this 2,969
state, any other state, or the United States that is 2,971
substantially equivalent to an offense described in those 2,972
sections and the victim of the offense was a sibling of the child 2,973
or the victim was another child who lived in the parent's 2,974
household at the time of the offense;
(b) An offense under section 2903.11, 2903.12, or 2903.13 2,977
of the Revised Code or under an existing or former law of this 2,979
state, any other state, or the United States that is 2,980
substantially equivalent to an offense described in those 2,981
sections and the victim of the offense is the child, a sibling of 2,982
the child, or another child who lived in the parent's household 2,983
at the time of the offense; 2,984
(c) An offense under division (B)(2) of section 2919.22 of 2,987
the Revised Code or under an existing or former law of this 2,989
state, any other state, or the United States that is 2,990
substantially equivalent to the offense described in that section 2,991
and the child, a sibling of the child, or another child who lived 2,992
in the parent's household at the time of the offense is the 2,994
victim of the offense;
(d) An offense under section 2907.02, 2907.03, 2907.04, 2,997
2907.05, or 2907.06 of the Revised Code or under an existing or 2,998
former law of this state, any other state, or the United States 3,000
that is substantially equivalent to an offense described in those 3,001
sections and the victim of the offense is the child, a sibling of 3,002
the child, or another child who lived in the parent's household 3,003
at the time of the offense; 3,004
(e) A conspiracy or attempt to commit, or complicity in 3,007
committing, an offense described in division (E)(7)(a) or (d) of 3,009
this section. 3,010
(8) The parent has repeatedly withheld medical treatment 3,013
or food from the child when the parent has the means to provide 3,014
71
the treatment or food, and, in the case of withheld medical 3,015
treatment, the parent withheld it for a purpose other than to 3,017
treat the physical or mental illness or defect of the child by 3,018
spiritual means through prayer alone in accordance with the 3,019
tenets of a recognized religious body. 3,020
(9) The parent has placed the child at substantial risk of 3,023
harm two or more times due to alcohol or drug abuse and has 3,024
rejected treatment two or more times or refused to participate in 3,025
further treatment two or more times after a case plan issued 3,026
pursuant to section 2151.412 of the Revised Code requiring
treatment of the parent was journalized as part of a 3,027
dispositional order issued with respect to the child or an order 3,028
was issued by any other court requiring treatment of the parent. 3,029
(10) The parent has abandoned the child. 3,032
(11) The parent has had parental rights involuntarily 3,035
terminated pursuant to THIS SECTION OR section 2151.353, 3,036
2151.414, or 2151.415 of the Revised Code with respect to a 3,038
sibling of the child.
(12) The parent is incarcerated at the time of the filing 3,040
of the motion for permanent custody or the dispositional hearing 3,041
of the child and will not be available to care for the child for 3,042
at least eighteen months after the filing of the motion for 3,043
permanent custody or the dispositional hearing. 3,044
(13) The parent is repeatedly incarcerated, and the 3,047
repeated incarceration prevents the parent from providing care 3,049
for the child. 3,050
(14) The parent for any reason is unwilling to provide 3,052
food, clothing, shelter, and other basic necessities for the 3,053
child or to prevent the child from suffering physical, emotional, 3,054
or sexual abuse or physical, emotional, or mental neglect. 3,055
(15) The parent has committed abuse as described in 3,057
section 2151.031 of the Revised Code against the child or caused 3,059
or allowed the child to suffer neglect as described in section
2151.03 of the Revised Code, and the court determines that the 3,060
72
seriousness, nature, or likelihood of recurrence of the abuse or 3,061
neglect makes the child's placement with the child's parent a 3,062
threat to the child's safety. 3,063
(16) Any other factor the court considers relevant. 3,065
(F) The parents of a child for whom the court has issued 3,067
an order granting permanent custody pursuant to this section, 3,068
upon the issuance of the order, cease to be parties to the 3,069
action. This division is not intended to eliminate or restrict 3,070
any right of the parents to appeal the granting of permanent 3,071
custody of their child to a movant pursuant to this section. 3,072
Sec. 2151.418. Any CERTIFIED foster home or family foster 3,081
home shall be considered to be a residential use of property for 3,083
purposes of municipal, county, and township zoning and shall be a 3,084
permitted use in all zoning districts in which residential uses 3,085
are permitted. No municipal, county, or township zoning
regulation shall require a conditional permit or any other 3,086
special exception certification for any CERTIFIED foster home or 3,087
family foster home. 3,088
Sec. 2151.421. (A)(1)(a) No person described in division 3,097
(A)(1)(b) of this section who is acting in an official or 3,099
professional capacity and knows or suspects that a child under 3,100
eighteen years of age or a mentally retarded, developmentally 3,102
disabled, or physically impaired child under twenty-one years of 3,103
age has suffered or faces a threat of suffering any physical or 3,104
mental wound, injury, disability, or condition of a nature that 3,105
reasonably indicates abuse or neglect of the child, shall fail to 3,106
immediately report that knowledge or suspicion to the public 3,107
children services agency or a municipal or county peace officer 3,109
in the county in which the child resides or in which the abuse or 3,110
neglect is occurring or has occurred.
(b) Division (A)(1)(a) of this section applies to any 3,113
person who is an attorney; physician, including a hospital intern 3,114
or resident; dentist; podiatrist; practitioner of a limited 3,115
branch of medicine as specified in section 4731.15 of the Revised 3,116
73
Code; registered nurse; licensed practical nurse; visiting nurse; 3,118
other health care professional; licensed psychologist; licensed 3,119
school psychologist; speech pathologist or audiologist; coroner; 3,120
administrator or employee of a child day-care center; 3,121
administrator or employee of a residential camp or child day 3,122
camp; administrator or employee of a certified child care agency 3,123
or other public or private children services agency; school 3,124
teacher; school employee; school authority; person engaged in 3,125
social work or the practice of professional counseling; or a 3,126
person rendering spiritual treatment through prayer in accordance 3,128
with the tenets of a well-recognized religion.
(2) An attorney or a physician is not required to make a 3,130
report pursuant to division (A)(1) of this section concerning any 3,132
communication the attorney or physician receives from a client or 3,135
patient in an attorney-client or physician-patient relationship, 3,136
if, in accordance with division (A) or (B) of section 2317.02 of 3,138
the Revised Code, the attorney or physician could not testify 3,139
with respect to that communication in a civil or criminal 3,140
proceeding, except that the client or patient is deemed to have 3,141
waived any testimonial privilege under division (A) or (B) of 3,143
section 2317.02 of the Revised Code with respect to that 3,145
communication and the attorney or physician shall make a report 3,147
pursuant to division (A)(1) of this section with respect to that 3,148
communication, if all of the following apply:
(a) The client or patient, at the time of the 3,150
communication, is either a child under eighteen years of age or a 3,151
mentally retarded, developmentally disabled, or physically 3,153
impaired person under twenty-one years of age. 3,154
(b) The attorney or physician knows or suspects, as a 3,156
result of the communication or any observations made during that 3,158
communication, that the client or patient has suffered or faces a 3,159
threat of suffering any physical or mental wound, injury, 3,161
disability, or condition of a nature that reasonably indicates 3,162
abuse or neglect of the client or patient. 3,163
74
(c) The attorney-client or physician-patient relationship 3,165
does not arise out of the client's or patient's attempt to have 3,167
an abortion without the notification of her parents, guardian, or 3,169
custodian in accordance with section 2151.85 of the Revised Code. 3,170
(B) Anyone, who knows or suspects that a child under 3,172
eighteen years of age or a mentally retarded, developmentally 3,174
disabled, or physically impaired person under twenty-one years of 3,175
age has suffered or faces a threat of suffering any physical or 3,176
mental wound, injury, disability, or other condition of a nature 3,177
that reasonably indicates abuse or neglect of the child, may 3,178
report or cause reports to be made of that knowledge or suspicion 3,179
to the public children services agency or to a municipal or 3,181
county peace officer. 3,182
(C) Any report made pursuant to division (A) or (B) of 3,184
this section shall be made forthwith either by telephone or in 3,185
person and shall be followed by a written report, if requested by 3,187
the receiving agency or officer. The written report shall
contain: 3,188
(1) The names and addresses of the child and the child's 3,190
parents or the person or persons having custody of the child, if 3,191
known;
(2) The child's age and the nature and extent of the 3,193
child's known or suspected injuries, abuse, or neglect or of the 3,194
known or suspected threat of injury, abuse, or neglect, including 3,195
any evidence of previous injuries, abuse, or neglect; 3,196
(3) Any other information that might be helpful in 3,198
establishing the cause of the known or suspected injury, abuse, 3,199
or neglect or of the known or suspected threat of injury, abuse, 3,200
or neglect. 3,201
Any person, who is required by division (A) of this section 3,203
to report known or suspected child abuse or child neglect, may 3,204
take or cause to be taken color photographs of areas of trauma 3,205
visible on a child and, if medically indicated, cause to be 3,206
performed radiological examinations of the child. 3,207
75
(D)(1) Upon the receipt of a report concerning the 3,209
possible abuse or neglect of a child or the possible threat of 3,210
abuse or neglect of a child, the municipal or county peace 3,211
officer who receives the report shall refer the report to the 3,212
appropriate public children services agency. 3,214
(2) On receipt of a report pursuant to this division or 3,217
division (A) or (B) of this section, the public children services 3,219
agency shall comply with section 2151.422 of the Revised Code. 3,221
(E) No township, municipal, or county peace officer shall 3,223
remove a child about whom a report is made pursuant to this 3,224
section from the child's parents, stepparents, or guardian or any 3,225
other persons having custody of the child without consultation 3,226
with the public children services agency, unless, in the judgment 3,229
of the officer, and, if the report was made by physician, the 3,230
physician, immediate removal is considered essential to protect 3,231
the child from further abuse or neglect. The agency that must be 3,234
consulted shall be the agency conducting the investigation of the 3,235
report as determined pursuant to section 2151.422 of the Revised 3,236
Code. 3,237
(F)(1) Except as provided in section 2151.422 of the 3,240
Revised Code, the public children services agency shall 3,242
investigate, within twenty-four hours, each report of known or 3,244
suspected child abuse or child neglect and of a known or 3,245
suspected threat of child abuse or child neglect that is referred 3,246
to it under this section to determine the circumstances 3,247
surrounding the injuries, abuse, or neglect or the threat of 3,248
injury, abuse, or neglect, the cause of the injuries, abuse, 3,249
neglect, or threat, and the person or persons responsible. The 3,250
investigation shall be made in cooperation with the law
enforcement agency and in accordance with the memorandum of 3,251
understanding prepared under division (J) of this section. A 3,253
failure to make the investigation in accordance with the 3,254
memorandum is not grounds for, and shall not result in, the 3,256
dismissal of any charges or complaint arising from the report or 3,257
76
the suppression of any evidence obtained as a result of the 3,258
report and does not give, and shall not be construed as giving, 3,259
any rights or any grounds for appeal or post-conviction relief to 3,260
any person. The public children services agency shall report 3,263
each case to a central registry which the department of job and 3,265
family services shall maintain in order to determine whether 3,267
prior reports have been made in other counties concerning the 3,268
child or other principals in the case. The public children 3,269
services agency shall submit a report of its investigation, in 3,271
writing, to the law enforcement agency.
(2) The public children services agency shall make any 3,274
recommendations to the county prosecuting attorney or city 3,276
director of law that it considers necessary to protect any 3,277
children that are brought to its attention. 3,278
(G)(1)(a) Except as provided in division (H)(3) of this 3,280
section, anyone or any hospital, institution, school, health 3,281
department, or agency participating in the making of reports 3,282
under division (A) of this section, anyone or any hospital, 3,283
institution, school, health department, or agency participating 3,284
in good faith in the making of reports under division (B) of this 3,285
section, and anyone participating in good faith in a judicial 3,286
proceeding resulting from the reports, shall be immune from any 3,287
civil or criminal liability for injury, death, or loss to person 3,288
or property that otherwise might be incurred or imposed as a 3,289
result of the making of the reports or the participation in the 3,290
judicial proceeding. 3,291
(b) Notwithstanding section 4731.22 of the Revised Code, 3,294
the physician-patient privilege shall not be a ground for 3,295
excluding evidence regarding a child's injuries, abuse, or 3,296
neglect, or the cause of the injuries, abuse, or neglect in any 3,297
judicial proceeding resulting from a report submitted pursuant to 3,298
this section.
(2) In any civil or criminal action or proceeding in which 3,300
it is alleged and proved that participation in the making of a 3,301
77
report under this section was not in good faith or participation 3,302
in a judicial proceeding resulting from a report made under this 3,303
section was not in good faith, the court shall award the 3,304
prevailing party reasonable attorney's fees and costs and, if a 3,305
civil action or proceeding is voluntarily dismissed, may award 3,306
reasonable attorney's fees and costs to the party against whom 3,307
the civil action or proceeding is brought. 3,308
(H)(1) Except as provided in divisions (H)(4), (M), and 3,311
(N) of this section, a report made under this section is 3,312
confidential. The information provided in a report made pursuant 3,313
to this section and the name of the person who made the report 3,314
shall not be released for use, and shall not be used, as evidence 3,315
in any civil action or proceeding brought against the person who 3,316
made the report. In a criminal proceeding, the report is 3,317
admissible in evidence in accordance with the Rules of Evidence 3,318
and is subject to discovery in accordance with the Rules of 3,319
Criminal Procedure. 3,320
(2) No person shall permit or encourage the unauthorized 3,322
dissemination of the contents of any report made under this 3,323
section. 3,324
(3) A person who knowingly makes or causes another person 3,326
to make a false report under division (B) of this section that 3,327
alleges that any person has committed an act or omission that 3,328
resulted in a child being an abused child or a neglected child is 3,329
guilty of a violation of section 2921.14 of the Revised Code. 3,330
(4) IF A REPORT IS MADE PURSUANT TO DIVISION (A) OR (B) OF 3,333
THIS SECTION AND THE CHILD WHO IS THE SUBJECT OF THE REPORT DIES 3,334
FOR ANY REASON AT ANY TIME AFTER THE REPORT IS MADE, BUT BEFORE
THE CHILD ATTAINS EIGHTEEN YEARS OF AGE, THE PUBLIC CHILDREN 3,336
SERVICES AGENCY OR MUNICIPAL OR COUNTY PEACE OFFICER TO WHICH THE
REPORT WAS MADE OR REFERRED, ON THE REQUEST OF THE CHILD FATALITY 3,337
REVIEW BOARD, SHALL SUBMIT A SUMMARY SHEET OF INFORMATION 3,339
PROVIDING A SUMMARY OF THE REPORT TO THE REVIEW BOARD OF THE 3,340
COUNTY IN WHICH THE DECEASED CHILD RESIDED AT THE TIME OF DEATH. 3,341
78
ON THE REQUEST OF THE REVIEW BOARD, THE AGENCY OR PEACE OFFICER 3,342
MAY, AT ITS DISCRETION, MAKE THE REPORT AVAILABLE TO THE REVIEW 3,343
BOARD.
(5) A public children services agency shall advise a 3,346
person alleged to have inflicted abuse or neglect on a child who 3,347
is the subject of a report made pursuant to this section IN
WRITING of the disposition of the investigation. The agency 3,349
shall not provide to the person any information that identifies 3,350
the person who made the report, statements of witnesses, or 3,351
police or other investigative reports. 3,352
(I) Any report that is required by this section shall 3,354
result in protective services and emergency supportive services 3,355
being made available by the public children services agency on 3,357
behalf of the children about whom the report is made, in an 3,359
effort to prevent further neglect or abuse, to enhance their 3,360
welfare, and, whenever possible, to preserve the family unit 3,361
intact. The agency required to provide the services shall be the 3,363
agency conducting the investigation of the report pursuant to 3,364
section 2151.422 of the Revised Code. 3,366
(J)(1) Each public children services agency shall prepare 3,368
a memorandum of understanding that is signed by all of the 3,370
following:
(a) If there is only one juvenile judge in the county, the 3,373
juvenile judge of the county or the juvenile judge's 3,374
representative;
(b) If there is more than one juvenile judge in the 3,378
county, a juvenile judge or the juvenile judges' representative 3,379
selected by the juvenile judges or, if they are unable to do so 3,380
for any reason, the juvenile judge who is senior in point of 3,381
service or the senior juvenile judge's representative; 3,382
(c) The county peace officer; 3,385
(d) All chief municipal peace officers within the county; 3,388
(e) Other law enforcement officers handling child abuse 3,390
and neglect cases in the county; 3,391
79
(f) The prosecuting attorney of the county; 3,394
(g) If the public children services agency is not the 3,396
county department of job and family services, the county 3,398
department of job and family services. 3,399
(2) A memorandum of understanding shall set forth the 3,401
normal operating procedure to be employed by all concerned 3,403
officials in the execution of their respective responsibilities 3,404
under this section and division (C) of section 2919.21, division 3,405
(B)(1) of section 2919.22, division (B) of section 2919.23, and 3,406
section 2919.24 of the Revised Code and shall have as two of its 3,407
primary goals the elimination of all unnecessary interviews of 3,408
children who are the subject of reports made pursuant to division 3,409
(A) or (B) of this section and, when feasible, providing for only 3,410
one interview of a child who is the subject of any report made 3,411
pursuant to division (A) or (B) of this section. A failure to 3,412
follow the procedure set forth in the memorandum by the concerned 3,414
officials is not grounds for, and shall not result in, the 3,415
dismissal of any charges or complaint arising from any reported 3,416
case of abuse or neglect or the suppression of any evidence 3,417
obtained as a result of any reported child abuse or child neglect 3,418
and does not give, and shall not be construed as giving, any 3,419
rights or any grounds for appeal or post-conviction relief to any 3,420
person. 3,421
(3) A memorandum of understanding shall include all of the 3,423
following: 3,424
(a) The roles and responsibilities for handling emergency 3,427
and nonemergency cases of abuse and neglect; 3,428
(b) Standards and procedures to be used in handling and 3,430
coordinating investigations of reported cases of child abuse and 3,431
reported cases of child neglect, methods to be used in 3,432
interviewing the child who is the subject of the report and who 3,433
allegedly was abused or neglected, and standards and procedures 3,434
addressing the categories of persons who may interview the child 3,435
who is the subject of the report and who allegedly was abused or 3,436
80
neglected. 3,437
(K)(1) Except as provided in division (K)(4) of this 3,440
section, a person who is required to make a report pursuant to 3,441
division (A) of this section may make a reasonable number of 3,442
requests of the public children services agency that receives or 3,443
is referred the report to be provided with the following 3,445
information:
(a) Whether the agency has initiated an investigation of 3,448
the report;
(b) Whether the agency is continuing to investigate the 3,451
report;
(c) Whether the agency is otherwise involved with the 3,455
child who is the subject of the report;
(d) The general status of the health and safety of the 3,457
child who is the subject of the report; 3,458
(e) Whether the report has resulted in the filing of a 3,460
complaint in juvenile court or of criminal charges in another 3,461
court. 3,462
(2) A person may request the information specified in 3,464
division (K)(1) of this section only if, at the time the report 3,465
is made, the person's name, address, and telephone number are 3,466
provided to the person who receives the report.
When a municipal or county peace officer or employee of a 3,468
public children services agency receives a report pursuant to 3,471
division (A) or (B) of this section the recipient of the report 3,472
shall inform the person of the right to request the information 3,474
described in division (K)(1) of this section. The recipient of
the report shall include in the initial child abuse or child 3,475
neglect report that the person making the report was so informed 3,476
and, if provided at the time of the making of the report, shall 3,477
include the person's name, address, and telephone number in the 3,478
report.
Each request is subject to verification of the identity of 3,480
the person making the report. If that person's identity is 3,483
81
verified, the agency shall provide the person with the 3,485
information described in division (K)(1) of this section a 3,486
reasonable number of times, except that the agency shall not
disclose any confidential information regarding the child who is 3,488
the subject of the report other than the information described in 3,489
those divisions.
(3) A request made pursuant to division (K)(1) of this 3,491
section is not a substitute for any report required to be made 3,492
pursuant to division (A) of this section. 3,493
(4) If an agency other than the agency that received or 3,496
was referred the report is conducting the investigation of the 3,497
report pursuant to section 2151.422 of the Revised Code, the 3,499
agency conducting the investigation shall comply with the 3,500
requirements of division (K) of this section. 3,501
(L) The director of job and family services shall adopt 3,505
rules in accordance with Chapter 119. of the Revised Code to 3,506
implement this section. The department of job and family 3,507
services may enter into a plan of cooperation with any other 3,510
governmental entity to aid in ensuring that children are 3,511
protected from abuse and neglect. The department shall make
recommendations to the attorney general that the department 3,512
determines are necessary to protect children from child abuse and 3,513
child neglect. 3,514
(M) No later than the end of the day following the day on 3,517
which a public children services agency receives a report of 3,518
alleged child abuse or child neglect, or a report of an alleged 3,519
threat of child abuse or child neglect, that allegedly occurred 3,520
in or involved an out-of-home care entity, the agency shall 3,521
provide written notice of the allegations contained in and the 3,523
person named as the alleged perpetrator in the report to the 3,524
administrator, director, or other chief administrative officer of 3,525
the out-of-home care entity that is the subject of the report 3,526
unless the administrator, director, or other chief administrative 3,527
officer is named as an alleged perpetrator in the report. If the 3,528
82
administrator, director, or other chief administrative officer of 3,529
an out-of-home care entity is named as an alleged perpetrator in 3,530
a report of alleged child abuse or child neglect, or a report of 3,531
an alleged threat of child abuse or child neglect, that allegedly 3,532
occurred in or involved the out-of-home care entity, the agency 3,533
shall provide the written notice to the owner or governing board 3,535
of the out-of-home care entity that is the subject of the report. 3,536
The agency shall not provide witness statements or police or 3,538
other investigative reports.
(N) No later than three days after the day on which a 3,541
public children services agency that conducted the investigation 3,542
as determined pursuant to section 2151.422 of the Revised Code 3,543
makes a disposition of an investigation involving a report of 3,544
alleged child abuse or child neglect, or a report of an alleged 3,545
threat of child abuse or child neglect, that allegedly occurred 3,546
in or involved an out-of-home care entity, the agency shall send 3,549
written notice of the disposition of the investigation to the 3,550
administrator, director, or other chief administrative officer 3,551
and the owner or governing board of the out-of-home care entity. 3,552
The agency shall not provide witness statements or police or 3,554
other investigative reports.
Sec. 2151.424. (A) If a child has been placed in a 3,564
CERTIFIED foster home or is in the custody of a relative of the
child, other than a parent of the child, a court, prior to 3,566
conducting any hearing pursuant to division (E)(2) or (3) of 3,568
section 2151.412 or section 2151.28, 2151.33, 2151.35, 2151.414, 3,569
2151.415, 2151.416, or 2151.417 of the Revised Code with respect 3,572
to the child, shall notify the foster caregiver or relative of 3,573
the date, time, and place of the hearing. At the hearing, the 3,574
foster caregiver or relative may present evidence. 3,575
(B) If a public children services agency or private child 3,578
placing agency has permanent custody of a child and a petition to 3,579
adopt the child has been filed under Chapter 3107. of the Revised 3,581
Code, the agency, prior to conducting a review under section 3,583
83
2151.416 of the Revised Code, or a court, prior to conducting a 3,586
hearing under division (E)(2) or (3) of section 2151.412 or 3,588
section 2151.416 or 2151.417 of the Revised Code, shall notify 3,590
the prospective adoptive parent of the date, time, and place of 3,591
the review or hearing. At the review or hearing, the prospective 3,592
adoptive parent may present evidence. 3,594
(C) The notice and the opportunity to present evidence do 3,597
not make the foster caregiver, relative, or prospective adoptive 3,598
parent a party in the action or proceeding pursuant to which the 3,599
review or hearing is conducted. 3,600
Sec. 2151.55. When a private or governmental entity 3,609
intends to place a child in a CERTIFIED foster home in a county 3,610
other than the county in which the child resided at the time of 3,612
being removed from home, a representative of the placing entity 3,613
shall orally communicate the intended placement to the foster 3,614
caregiver with whom the child is to be placed and, if the child 3,615
will attend the schools of the district in which the CERTIFIED 3,616
foster home is located, a representative of the school district's 3,618
board of education.
Sec. 2151.554. When a private or governmental entity 3,627
places a child who has been adjudicated to be an unruly or 3,628
delinquent child in a CERTIFIED foster home in a county other 3,629
than the county in which the child resided at the time of being 3,631
removed from home, the placing entity shall provide the following 3,632
information in writing to the juvenile court of the county in 3,634
which the CERTIFIED foster home is located: 3,635
(A) The information listed in divisions (B)(2) to (4) of 3,637
section 2151.551 of the Revised Code; 3,639
(B) A brief description of the facts supporting the 3,641
adjudication that the child is unruly or delinquent; 3,642
(C) The name and address of the foster caregiver; 3,644
(D) Safety and well-being concerns with respect to the 3,646
child and community. 3,647
Sec. 2151.62. (A) This section applies only to a child 3,656
84
who is or previously has been adjudicated a delinquent child for 3,657
an act to which any of the following applies: 3,658
(1) It is a violation of section 2903.01, 2903.02, 3,660
2903.03, 2903.04, 2903.11, 2903.12, 2903.13, 2907.02, 2907.03, or 3,661
2907.05 of the Revised Code;
(2) It is a violation of section 2923.01 of the Revised 3,664
Code and involved an attempt to commit aggravated murder or 3,665
murder;
(3) It would be a felony if committed by an adult and the 3,667
court determined that the child, if an adult, would be guilty of 3,668
a specification found in section 2941.141, 2941.144, or 2941.145 3,669
of the Revised Code or in another section of the Revised Code 3,671
that relates to the possession or use of a firearm, as defined in 3,672
section 2923.11 of the Revised Code, during the commission of the 3,673
act for which the child was adjudicated a delinquent child. 3,674
(B)(1) Except as provided in division (E) of this section, 3,677
a public children services agency, private child placing agency, 3,679
private noncustodial agency, or court, the department of youth
services, or another private or government entity shall not place 3,680
a child in a CERTIFIED foster home until it provides the foster 3,681
caregivers with all of the following: 3,683
(a) A written report describing the child's social 3,685
history;
(b) A written report describing all the acts committed by 3,687
the child the entity knows of that resulted in the child being 3,690
adjudicated a delinquent child and the disposition made by the 3,691
court, unless the records pertaining to the acts have been sealed 3,692
pursuant to section 2151.358 of the Revised Code; 3,693
(c) A written report describing any other violent act 3,695
committed by the child of which the entity is aware; 3,697
(d) The substantial and material conclusions and 3,699
recommendations of any psychiatric or psychological examination 3,701
conducted on the child or, if no psychological or psychiatric 3,702
examination of the child is available, the substantial and 3,703
85
material conclusions and recommendations of an examination to 3,704
detect mental and emotional disorders conducted in compliance 3,705
with the requirements of Chapter 4757. of the Revised Code by an
independent social worker, social worker, professional clinical 3,706
counselor, or professional counselor licensed under that chapter. 3,707
The entity shall not provide any part of a psychological, 3,708
psychiatric, or mental and emotional disorder examination to the 3,709
foster caregivers other than the substantial and material 3,710
conclusions.
(2) Notwithstanding section 2151.358 of the Revised Code, 3,713
if records of an adjudication that a child is a delinquent child 3,714
have been sealed pursuant to that section and an entity knows the
records have been sealed, the entity shall provide the foster 3,715
caregivers a written statement that the records of a prior 3,716
adjudication have been sealed.
(C) The entity that places the child in a CERTIFIED foster 3,719
home shall conduct a psychological examination of the child, 3,721
except that the entity is not required to conduct the examination
if such an examination was conducted no more than one year prior 3,722
to the child's placement. No later than sixty days after placing 3,723
the child, the entity shall provide the foster caregiver a 3,725
written report detailing the substantial and material conclusions
and recommendations of the examination conducted pursuant to this 3,727
division.
(D)(1) Except as provided in divisions (D)(2) and (3) of 3,729
this section, the expenses of conducting the examinations and 3,731
preparing the reports and assessment required by division (B) or 3,732
(C) of this section shall be paid by the entity that places the 3,733
child in the CERTIFIED foster home. 3,734
(2) When a juvenile court grants temporary or permanent 3,736
custody of a child pursuant to any section of the Revised Code, 3,737
including section 2151.33, 2151.353, 2151.354, or 2151.355 of the 3,739
Revised Code, to a public children services agency or private 3,740
child placing agency, the court shall provide the agency the 3,742
86
information described in division (B) of this section, pay the 3,744
expenses of preparing that information, and, if a new examination 3,745
is required to be conducted, pay the expenses of conducting the 3,746
examination described in division (C) of this section. On 3,747
receipt of the information described in division (B) of this
section, the agency shall provide to the court written 3,748
acknowledgment that the agency received the information. The 3,749
court shall keep the acknowledgment and provide a copy to the 3,750
agency. On the motion of the agency, the court may terminate the 3,751
order granting temporary or permanent custody of the child to 3,752
that agency, if the court does not provide the information 3,753
described in division (B) of this section. 3,754
(3) If one of the following entities is placing a child in 3,756
a CERTIFIED foster home with the assistance of or by contracting 3,758
with a public children services agency, private child placing 3,759
agency, or a private noncustodial agency, the entity shall 3,760
provide the agency with the information described in division (B) 3,761
of this section, pay the expenses of preparing that information,
and, if a new examination is required to be conducted, pay the 3,762
expenses of conducting the examination described in division (C) 3,763
of this section: 3,764
(a) The department of youth services if the placement is 3,766
pursuant to any section of the Revised Code including section 3,767
2151.38, 5139.06, 5139.07, 5139.38, or 5139.39 of the Revised 3,769
Code;
(b) A juvenile court with temporary or permanent custody 3,771
of a child pursuant to section 2151.354 or 2151.355 of the 3,772
Revised Code;
(c) A public children services agency or private child 3,774
placing agency with temporary or permanent custody of the child. 3,775
The agency receiving the information described in division 3,777
(B) of this section shall provide the entity described in 3,779
division (D)(3)(a) to (c) of this section that sent the 3,780
information written acknowledgment that the agency received the 3,782
87
information and provided it to the foster caregivers. The entity
shall keep the acknowledgment and provide a copy to the agency. 3,784
An entity that places a child in a CERTIFIED foster home with the 3,785
assistance of or by contracting with an agency remains 3,786
responsible to provide the information described in division (B) 3,788
of this section to the foster caregivers unless the entity 3,789
receives written acknowledgment that the agency provided the 3,790
information.
(E) If a child is placed in a CERTIFIED foster home as a 3,793
result of an emergency removal of the child from home pursuant to 3,794
division (D) of section 2151.31 of the Revised Code, an emergency 3,796
change in the child's case plan pursuant to division (E)(3) of 3,798
section 2151.412 of the Revised Code, or an emergency placement 3,799
by the department of youth services pursuant to this chapter or 3,800
Chapter 5139. of the Revised Code, the entity that places the 3,801
child in the CERTIFIED foster home shall provide the information 3,803
described in division (B) of this section no later than 3,805
ninety-six hours after the child is placed in the CERTIFIED
foster home. 3,806
(F) On receipt of the information described in divisions 3,808
(B) and (C) of this section, the foster caregiver shall provide 3,810
to the entity that places the child in the foster caregiver's
home a written acknowledgment that the foster caregiver received 3,811
the information. The entity shall keep the acknowledgment and 3,813
provide a copy to the foster caregiver. 3,814
(G) No person employed by an entity subject to this 3,816
section and made responsible by that entity for the child's 3,817
placement in a CERTIFIED foster home shall fail to provide the 3,820
foster caregivers with the information required by divisions (B) 3,821
and (C) of this section. 3,822
(H) It is not a violation of any duty of confidentiality 3,825
provided for in the Revised Code or a code of professional 3,827
responsibility for a person or government entity to provide the 3,828
substantial and material conclusions and recommendations of a 3,829
88
psychiatric or psychological examination, or an examination to 3,830
detect mental and emotional disorders, in accordance with 3,831
division (B)(1)(d) or (C) of this section. 3,833
Sec. 2151.86. (A)(1) The appointing or hiring officer of 3,842
any entity that APPOINTS OR employs any person responsible for a 3,843
child's care in out-of-home care shall request the superintendent 3,845
of the bureau of criminal identification and investigation BCII 3,846
to conduct a criminal records check with respect to any applicant 3,848
PERSON who has applied to the entity IS UNDER FINAL CONSIDERATION 3,850
for APPOINTMENT OR employment as a person responsible for a 3,852
child's care in out-of-home care. The
(2) THE administrative director of any entity that 3,855
designates a person as AN AGENCY, OR ATTORNEY, WHO ARRANGES AN 3,856
ADOPTION FOR a prospective adoptive parent or as a prospective 3,857
foster parent shall request the superintendent OF BCII to conduct 3,858
a criminal records check with respect to that person. If the 3,860
applicant, prospective adoptive parent, or prospective foster 3,861
parent.
(3) BEFORE A RECOMMENDING AGENCY SUBMITS A RECOMMENDATION 3,863
TO THE DEPARTMENT OF JOB AND FAMILY SERVICES ON WHETHER THE 3,865
DEPARTMENT SHOULD ISSUE A CERTIFICATE TO A FOSTER HOME UNDER 3,867
SECTION 5103.03 OF THE REVISED CODE, THE ADMINISTRATIVE DIRECTOR
OF THE AGENCY SHALL REQUEST THAT THE SUPERINTENDENT OF BCII 3,869
CONDUCT A CRIMINAL RECORDS CHECK WITH RESPECT TO THE PROSPECTIVE 3,870
FOSTER CAREGIVER AND ALL OTHER PERSONS TWELVE YEARS OF AGE OR 3,871
OLDER WHO RESIDE WITH THE FOSTER CAREGIVER. 3,873
(B) IF A PERSON SUBJECT TO A CRIMINAL RECORDS CHECK does 3,876
not present proof that the applicant or prospective adoptive or 3,877
foster parent PERSON has been a resident of this state for the 3,879
five-year period immediately prior to the date upon which the 3,880
criminal records check is requested or does not provide evidence 3,881
that within that five-year period the superintendent OF BCII has 3,882
requested information about the applicant or prospective adoptive 3,884
or foster parent PERSON from the federal bureau of investigation 3,886
89
in a criminal records check, the appointing or hiring officer or, 3,887
administrative director, OR ATTORNEY shall request that the 3,889
superintendent OF BCII obtain information from the federal bureau 3,891
of investigation as a part of the criminal records check. If the 3,892
applicant, prospective adoptive parent, or prospective foster 3,893
parent PERSON SUBJECT TO THE CRIMINAL RECORDS CHECK presents 3,894
proof that the applicant or prospective adoptive or foster parent 3,895
PERSON has been a resident of this state for that five-year 3,897
period, the appointing or hiring officer, DIRECTOR, or 3,898
administrator ATTORNEY may request that the superintendent OF 3,900
BCII include information from the federal bureau of investigation 3,902
in the criminal records check.
(2) Any person AN APPOINTING OR HIRING OFFICER, 3,904
ADMINISTRATIVE DIRECTOR, OR ATTORNEY required by division (A)(1) 3,905
of this section to request a criminal records check shall provide 3,906
to each applicant, prospective adoptive parent, or prospective 3,907
foster parent PERSON SUBJECT TO A CRIMINAL RECORDS CHECK a copy 3,908
of the form prescribed pursuant to division (C)(1) of section 3,910
109.572 of the Revised Code and a standard impression sheet to 3,911
obtain fingerprint impressions prescribed pursuant to division 3,912
(C)(2) of section 109.572 of the Revised Code, obtain the 3,913
completed form and impression sheet from each applicant,
prospective adoptive parent, or prospective foster parent THE 3,914
PERSON, and forward the completed form and impression sheet to 3,916
the superintendent of the bureau of criminal identification and 3,917
investigation BCII at the time the person requests a criminal 3,919
records check pursuant to division (A)(1) of this section IS 3,920
REQUESTED.
(3) Any applicant, prospective adoptive parent, or 3,922
prospective foster parent PERSON SUBJECT TO A CRIMINAL RECORDS 3,923
CHECK who receives pursuant to THIS division (A)(2) of this 3,925
section a copy of the form prescribed pursuant to division (C)(1) 3,926
of section 109.572 of the Revised Code and a copy of an 3,927
impression sheet prescribed pursuant to division (C)(2) of that 3,928
90
section and who is requested to complete the form and provide a 3,929
set of fingerprint impressions shall complete the form or provide 3,930
all the information necessary to complete the form and shall 3,931
provide the impression sheet with the impressions of the
applicant's or prospective adoptive or foster parent's PERSON'S 3,933
fingerprints. If an applicant, prospective adoptive parent, or 3,935
prospective foster parent A PERSON SUBJECT TO A CRIMINAL RECORDS 3,936
CHECK, upon request, fails to provide the information necessary 3,938
to complete the form or fails to provide impressions of the 3,939
applicant's or prospective adoptive or foster parent's PERSON'S 3,940
fingerprints, the entity APPOINTING OR HIRING OFFICER shall not 3,941
APPOINT OR employ that applicant for any position for which a 3,943
criminal records check is required by division (A)(1) of this 3,944
section THE PERSON AS A PERSON RESPONSIBLE FOR A CHILD'S CARE IN 3,946
OUT-OF-HOME CARE, A PROBATE COURT MAY NOT ISSUE A FINAL DECREE OF 3,947
ADOPTION OR AN INTERLOCUTORY ORDER OF ADOPTION MAKING THE PERSON 3,948
AN ADOPTIVE PARENT, and THE DEPARTMENT OF JOB AND FAMILY SERVICES 3,949
shall not consider the prospective adoptive parent or ISSUE A 3,950
CERTIFICATE AUTHORIZING THE prospective foster parent as an 3,952
adoptive parent or CAREGIVER TO OPERATE A foster parent HOME. 3,954
(B)(C)(1) No entity APPOINTING OR HIRING OFFICER shall 3,957
APPOINT OR employ a person as a person responsible for a child's 3,958
care in out-of-home care or permit a person to become an adoptive 3,959
parent or foster AND NO PROBATE COURT SHALL ISSUE A FINAL DECREE 3,962
OF ADOPTION OR AN INTERLOCUTORY ORDER OF ADOPTION MAKING A PERSON 3,963
AN ADOPTIVE parent if the person previously has been convicted of 3,965
or pleaded guilty to any of the following, unless the person 3,966
meets rehabilitation standards established in rules adopted under 3,967
division (E)(F) of this section: 3,968
(a) A violation of section 2903.01, 2903.02, 2903.03, 3,970
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34, 3,971
2905.01, 2905.02, 2905.05, 2907.02, 2907.03, 2907.04, 2907.05, 3,973
2907.06, 2907.07, 2907.08, 2907.09, 2907.21, 2907.22, 2907.23, 3,974
2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323, 2911.01, 3,975
91
2911.02, 2911.11, 2911.12, 2919.12, 2919.22, 2919.24, 2919.25, 3,976
2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.04, 2925.05, 3,977
2925.06, or 3716.11 of the Revised Code, a violation of section 3,978
2905.04 of the Revised Code as it existed prior to July 1, 1996,
a violation of section 2919.23 of the Revised Code that would 3,979
have been a violation of section 2905.04 of the Revised Code as 3,980
it existed prior to July 1, 1996, had the violation been 3,981
committed prior to that date, a violation of section 2925.11 of 3,982
the Revised Code that is not a minor drug possession offense, or 3,983
felonious sexual penetration in violation of former section 3,984
2907.12 of the Revised Code;
(b) A violation of an existing or former law of this 3,986
state, any other state, or the United States that is 3,987
substantially equivalent to any of the offenses described in 3,988
division (B)(C)(1)(a) of this section. 3,989
(2) An THE DEPARTMENT OF JOB AND FAMILY SERVICES SHALL NOT 3,992
ISSUE A CERTIFICATE UNDER SECTION 5103.03 OF THE REVISED CODE 3,993
AUTHORIZING A PROSPECTIVE FOSTER CAREGIVER TO OPERATE A FOSTER 3,994
HOME IF THE DEPARTMENT HAS BEEN NOTIFIED THAT THE FOSTER 3,995
CAREGIVER OR ANY PERSON EIGHTEEN YEARS OF AGE OR OLDER WHO 3,997
RESIDES WITH THE FOSTER CAREGIVER HAS BEEN CONVICTED OF OR 3,998
PLEADED GUILTY TO A VIOLATION OF ONE OF THE FOLLOWING OFFENSES, 3,999
UNLESS THE FOSTER CAREGIVER OR OTHER PERSON MEETS REHABILITATION 4,001
STANDARDS ESTABLISHED IN RULES ADOPTED UNDER DIVISION (F) OF THIS 4,002
SECTION:
(a) ANY OFFENSE LISTED IN DIVISION (C)(1)(a) OF THIS 4,005
SECTION OR SECTION 2909.02 OR 2909.03 OF THE REVISED CODE; 4,006
(b) AN EXISTING OR FORMER LAW OF THIS STATE, ANY OTHER 4,008
STATE, OR THE UNITED STATES THAT IS SUBSTANTIALLY EQUIVALENT TO 4,009
ANY OFFENSE LISTED IN DIVISION (C)(1)(a) OF THIS SECTION OR 4,011
SECTION 2909.02 OR 2909.03 OF THE REVISED CODE.
(3) THE DEPARTMENT OF JOB AND FAMILY SERVICES MAY DENY A 4,013
FOSTER HOME CERTIFICATE ON THE GROUNDS THAT A PERSON AT LEAST 4,014
TWELVE YEARS OF AGE BUT LESS THAN EIGHTEEN YEARS OF AGE RESIDING 4,015
92
WITH THE PROSPECTIVE FOSTER CAREGIVER HAS BEEN CONVICTED OF OR 4,016
PLEADED GUILTY TO AN OFFENSE DESCRIBED IN DIVISION (C)(2)(a) OR 4,019
(b) OF THIS SECTION OR HAS BEEN ADJUDICATED TO BE A DELINQUENT 4,020
CHILD FOR COMMITTING AN ACT THAT IF COMMITTED BY AN ADULT WOULD 4,021
HAVE BEEN A VIOLATION OF:
(a) SECTION 2903.01, 2903.02, 2903.11, 2903.12, 2903.13, 4,023
2907.02, 2907.03, 2907.05, 2907.06, 2909.02, OR 2909.03 OF THE 4,025
REVISED CODE;
(b) AN EXISTING OR FORMER LAW OF THIS STATE, ANY OTHER 4,027
STATE, OR THE UNITED STATES THAT IS SUBSTANTIALLY EQUIVALENT TO 4,028
ANY OF THE OFFENSES LISTED IN DIVISION (C)(3)(a) OF THIS SECTION. 4,030
(4) THE APPOINTING OR HIRING OFFICER MAY APPOINT OR EMPLOY 4,032
A PERSON AS A PERSON RESPONSIBLE FOR A CHILD'S CARE IN 4,033
out-of-home care entity may employ an applicant conditionally 4,035
until the criminal records check required by this section is 4,036
completed and the entity OFFICER receives the results of the 4,037
criminal records check. If the results of the criminal records 4,038
check indicate that, pursuant to division (B)(C)(1) of this 4,039
section, the applicant PERSON SUBJECT TO THE CRIMINAL RECORDS 4,041
CHECK does not qualify for APPOINTMENT OR employment, the entity 4,042
OFFICER shall release the applicant PERSON from APPOINTMENT OR 4,044
employment. 4,045
(C)(1)(D) The out-of-home care entity APPOINTING OR HIRING 4,048
OFFICER, ADMINISTRATIVE DIRECTOR, OR ATTORNEY shall pay to the
bureau of criminal identification and investigation the fee 4,050
prescribed pursuant to division (C)(3) of section 109.572 of the 4,051
Revised Code for each criminal records check conducted in 4,052
accordance with that section upon a request pursuant to division 4,053
(A)(1) of this section. THE OFFICER, DIRECTOR, OR ATTORNEY 4,054
(2) An out-of-home care entity may charge an applicant, 4,056
prospective adoptive parent, or prospective foster parent THE 4,057
PERSON SUBJECT TO THE CRIMINAL RECORDS CHECK a fee for the costs 4,059
it THE OFFICER, DIRECTOR, OR ATTORNEY incurs in obtaining a THE 4,060
criminal records check under this section. A fee charged under 4,062
93
this division shall not exceed the amount of fees the entity 4,063
OFFICER, DIRECTOR, OR ATTORNEY pays under division (C)(1) of this 4,065
section FOR THE CRIMINAL RECORDS CHECK. If a fee is charged 4,066
under this division, the entity OFFICER, DIRECTOR, OR ATTORNEY 4,067
shall notify the PERSON WHO IS THE applicant, prospective 4,068
adoptive parent, or prospective foster parent at the time of the 4,069
person's initial application for APPOINTMENT OR employment or for 4,070
becoming an adoptive parent, AN ADOPTION TO BE ARRANGED, or A 4,071
CERTIFICATE TO OPERATE A foster parent HOME of the amount of the 4,073
fee and that, unless the fee is paid, the entity PERSON WHO IS 4,075
THE APPLICANT will not consider the person BE CONSIDERED for 4,076
APPOINTMENT OR employment or as an adoptive parent or foster 4,078
parent CAREGIVER.
(D)(E) The report of any criminal records check conducted 4,080
by the bureau of criminal identification and investigation in 4,081
accordance with section 109.572 of the Revised Code and pursuant 4,082
to a request made under division (A)(1) of this section is not a 4,083
public record for the purposes of section 149.43 of the Revised 4,084
Code and shall not be made available to any person other than the 4,085
applicant, prospective adoptive parent, or prospective foster 4,086
parent PERSON who is the subject of the criminal records check or 4,087
the applicant's or prospective adoptive or foster parent's 4,089
PERSON'S representative; the entity APPOINTING OR HIRING OFFICER, 4,090
ADMINISTRATIVE DIRECTOR, OR ATTORNEY requesting the criminal 4,092
records check or its THE OFFICER'S, DIRECTOR'S, OR ATTORNEY'S 4,093
representative; the department of job and family services or a 4,096
county department of job and family services; and any court, 4,097
hearing officer, or other necessary individual involved in a case 4,098
dealing with the denial of employment to the applicant or the 4,099
denial of consideration as an adoptive parent, A FINAL DECREE OF 4,100
ADOPTION OR INTERLOCUTORY ORDER OF ADOPTION, or A foster parent 4,102
HOME CERTIFICATE. 4,103
(E)(F) The director of job and family services shall adopt 4,107
rules pursuant to IN ACCORDANCE WITH Chapter 119. of the Revised 4,108
94
Code to implement this section. The rules shall include 4,110
rehabilitation standards a person who has been convicted of or 4,112
pleaded guilty to an offense listed in division (B)(C)(1) OR (2) 4,114
of this section must meet for an entity APPOINTING OR HIRING 4,115
OFFICER to APPOINT OR employ the person as a person responsible 4,117
for a child's care in out-of-home care or permit the person to
become an adoptive parent or foster parent, A PROBATE COURT TO 4,118
ISSUE A FINAL DECREE OF ADOPTION OR INTERLOCUTORY ORDER OF 4,120
ADOPTION MAKING THE PERSON AN ADOPTIVE PARENT, OR THE DEPARTMENT 4,121
TO ISSUE A CERTIFICATE AUTHORIZING THE PROSPECTIVE FOSTER 4,122
CAREGIVER TO OPERATE A FOSTER HOME.
(F) Any person (G) AN APPOINTING OR HIRING OFFICER, 4,124
ADMINISTRATIVE DIRECTOR, OR ATTORNEY required by division (A)(1) 4,125
of this section to request a criminal records check shall inform 4,127
each person WHO IS THE APPLICANT, at the time of the person's 4,129
initial application for APPOINTMENT OR employment with an entity 4,130
as a person responsible for a child's care in out-of-home care or 4,131
the person's initial application for becoming an adoptive parent, 4,132
AN ADOPTION TO BE ARRANGED, or A foster parent HOME CERTIFICATE, 4,134
that the person SUBJECT TO THE CRIMINAL RECORDS CHECK is required 4,135
to provide a set of impressions of the person's fingerprints and 4,136
that a criminal records check is required to be conducted and 4,137
satisfactorily completed in accordance with section 109.572 of 4,138
the Revised Code if the person comes under final consideration 4,139
for appointment or employment as a precondition to employment for 4,140
that position or if the person is to be given final consideration 4,141
as an adoptive parent or foster parent.
(G)(H) As used in this section: 4,143
(1) "Applicant" means a person who is under final 4,145
consideration for appointment or employment as a person 4,146
responsible for a child's care in out-of-home care. 4,147
(2) "Person responsible for a child's care in out-of-home 4,149
care" has the same meaning as in section 2151.011 of the Revised 4,150
Code, except that it does not include a prospective employee of 4,151
95
the department of youth services or a person responsible for a 4,152
child's care in a hospital or medical clinic other than a 4,153
children's hospital. 4,154
(3) "Children's hospital" means any of the following: 4,156
(a) A hospital registered under section 3701.07 of the 4,158
Revised Code that provides general pediatric medical and surgical 4,159
care, and in which at least seventy-five per cent of annual 4,160
inpatient discharges for the preceding two calendar years were 4,161
individuals less than eighteen years of age; 4,162
(b) A distinct portion of a hospital registered under 4,164
section 3701.07 of the Revised Code that provides general 4,165
pediatric medical and surgical care, has a total of at least one 4,166
hundred fifty registered pediatric special care and pediatric 4,167
acute care beds, and in which at least seventy-five per cent of 4,168
annual inpatient discharges for the preceding two calendar years 4,169
were individuals less than eighteen years of age; 4,170
(c) A distinct portion of a hospital, if the hospital is 4,172
registered under section 3701.07 of the Revised Code as a 4,173
children's hospital and the children's hospital meets all the 4,174
requirements of division (G)(H)(3)(a) of this section. 4,175
(4)(2) "Criminal records check" has the same meaning as in 4,177
section 109.572 of the Revised Code. 4,178
(5)(3) "Minor drug possession offense" has the same 4,180
meaning as in section 2925.01 of the Revised Code. 4,182
(4) "PERSON RESPONSIBLE FOR A CHILD'S CARE IN OUT-OF-HOME 4,184
CARE" HAS THE SAME MEANING AS IN SECTION 2151.011 OF THE REVISED 4,185
CODE, EXCEPT THAT IT DOES NOT INCLUDE A PROSPECTIVE EMPLOYEE OF 4,186
THE DEPARTMENT OF YOUTH SERVICES OR A PERSON RESPONSIBLE FOR A 4,187
CHILD'S CARE IN A HOSPITAL OR MEDICAL CLINIC OTHER THAN A
CHILDREN'S HOSPITAL. 4,188
(5) "PERSON SUBJECT TO A CRIMINAL RECORDS CHECK" MEANS THE 4,190
FOLLOWING:
(a) A PERSON WHO IS UNDER FINAL CONSIDERATION FOR 4,192
APPOINTMENT OR EMPLOYMENT AS A PERSON RESPONSIBLE FOR A CHILD'S 4,193
96
CARE IN OUT-OF-HOME CARE;
(b) A PROSPECTIVE ADOPTIVE PARENT; 4,195
(c) A PROSPECTIVE FOSTER CAREGIVER; 4,197
(d) A PERSON TWELVE YEARS OLD OR OLDER WHO RESIDES WITH A 4,199
PROSPECTIVE FOSTER CAREGIVER. 4,201
(6) "RECOMMENDING AGENCY" MEANS A PUBLIC CHILDREN SERVICES 4,203
AGENCY, PRIVATE CHILD PLACING AGENCY, OR PRIVATE NONCUSTODIAL 4,204
AGENCY TO WHICH THE DEPARTMENT OF JOB AND FAMILY SERVICES HAS 4,205
DELEGATED A DUTY TO INSPECT AND APPROVE FOSTER HOMES. 4,206
(7) "SUPERINTENDENT OF BCII" MEANS THE SUPERINTENDENT OF 4,208
THE BUREAU OF CRIMINAL IDENTIFICATION AND INVESTIGATION. 4,209
Sec. 2317.02. The following persons shall not testify in 4,218
certain respects: 4,219
(A) An attorney, concerning a communication made to the 4,221
attorney by a client in that relation or the attorney's advice to 4,223
a client, except that the attorney may testify by express consent 4,224
of the client or, if the client is deceased, by the express 4,225
consent of the surviving spouse or the executor or administrator 4,226
of the estate of the deceased client and except that, if the 4,227
client voluntarily testifies or is deemed by section 2151.421 of 4,228
the Revised Code to have waived any testimonial privilege under 4,229
this division, the attorney may be compelled to testify on the 4,230
same subject;
(B)(1) A physician or a dentist concerning a communication 4,232
made to the physician or dentist by a patient in that relation or 4,233
the physician's or dentist's advice to a patient, except as 4,235
otherwise provided in this division, division (B)(2), and
division (B)(3) of this section, and except that, if the patient 4,236
is deemed by section 2151.421 of the Revised Code to have waived 4,237
any testimonial privilege under this division, the physician may 4,238
be compelled to testify on the same subject. 4,239
The testimonial privilege established under this division 4,241
does not apply, and a physician or dentist may testify or may be 4,242
compelled to testify, in any of the following circumstances: 4,243
97
(a) In any civil action, in accordance with the discovery 4,245
provisions of the Rules of Civil Procedure in connection with a 4,246
civil action, or in connection with a claim under Chapter 4123. 4,247
of the Revised Code, under any of the following circumstances: 4,248
(i) If the patient or the guardian or other legal 4,250
representative of the patient gives express consent; 4,251
(ii) If the patient is deceased, the spouse of the patient 4,253
or the executor or administrator of the patient's estate gives 4,255
express consent;
(iii) If a medical claim, dental claim, chiropractic 4,257
claim, or optometric claim, as defined in section 2305.11 of the 4,258
Revised Code, an action for wrongful death, any other type of 4,259
civil action, or a claim under Chapter 4123. of the Revised Code 4,260
is filed by the patient, the personal representative of the 4,261
estate of the patient if deceased, or the patient's guardian or 4,263
other legal representative.
(b) In any criminal action concerning any test or the 4,265
results of any test that determines the presence or concentration 4,266
of alcohol, a drug of abuse, or alcohol and a drug of abuse in 4,267
the patient's blood, breath, urine, or other bodily substance at 4,268
any time relevant to the criminal offense in question. 4,269
(c) In any criminal action against a physician or dentist. 4,272
In such an action, the testimonial privilege established under 4,273
this division does not prohibit the admission into evidence, in 4,274
accordance with the Rules of Evidence, of a patient's medical or 4,277
dental records or other communications between a patient and the 4,278
physician or dentist that are related to the action and obtained 4,279
by subpoena, search warrant, or other lawful means. A court that 4,280
permits or compels a physician or dentist to testify in such an 4,281
action or permits the introduction into evidence of patient 4,282
records or other communications in such an action shall require 4,283
that appropriate measures be taken to ensure that the 4,284
confidentiality of any patient named or otherwise identified in 4,285
the records is maintained. Measures to ensure confidentiality 4,286
98
that may be taken by the court include sealing its records or 4,287
deleting specific information from its records. 4,288
(2)(a) If any law enforcement officer submits a written 4,290
statement to a health care provider that states that an official 4,291
criminal investigation has begun regarding a specified person or 4,292
that a criminal action or proceeding has been commenced against a 4,293
specified person, that requests the provider to supply to the 4,294
officer copies of any records the provider possesses that pertain
to any test or the results of any test administered to the 4,295
specified person to determine the presence or concentration of 4,296
alcohol, a drug of abuse, or alcohol and a drug of abuse in the 4,297
person's blood, breath, or urine at any time relevant to the 4,298
criminal offense in question, and that conforms to section
2317.022 of the Revised Code, the provider, except to the extent 4,299
specifically prohibited by any law of this state or of the United 4,300
States, shall supply to the officer a copy of any of the 4,301
requested records the provider possesses. If the health care 4,302
provider does not possess any of the requested records, the
provider shall give the officer a written statement that 4,303
indicates that the provider does not possess any of the requested 4,304
records.
(b) If a health care provider possesses any records of the 4,306
type described in division (B)(2)(a) of this section regarding 4,307
the person in question at any time relevant to the criminal 4,308
offense in question, in lieu of personally testifying as to the 4,309
results of the test in question, the custodian of the records may 4,310
submit a certified copy of the records, and, upon its submission,
the certified copy is qualified as authentic evidence and may be 4,311
admitted as evidence in accordance with the Rules of Evidence. 4,312
Division (A) of section 2317.422 of the Revised Code does not 4,313
apply to any certified copy of records submitted in accordance 4,314
with this division. Nothing in this division shall be construed 4,315
to limit the right of any party to call as a witness the person
who administered the test to which the records pertain, the 4,316
99
person under whose supervision the test was administered, the 4,317
custodian of the records, the person who made the records, or the 4,318
person under whose supervision the records were made. 4,319
(3)(a) If the testimonial privilege described in division 4,321
(B)(1) of this section does not apply as provided in division 4,322
(B)(1)(a)(iii) of this section, a physician or dentist may be 4,323
compelled to testify or to submit to discovery under the Rules of 4,324
Civil Procedure only as to a communication made to the physician 4,325
or dentist by the patient in question in that relation, or the 4,326
physician's or dentist's advice to the patient in question, that 4,328
related causally or historically to physical or mental injuries 4,329
that are relevant to issues in the medical claim, dental claim, 4,330
chiropractic claim, or optometric claim, action for wrongful 4,331
death, other civil action, or claim under Chapter 4123. of the 4,332
Revised Code.
(b) If the testimonial privilege described in division 4,334
(B)(1) of this section does not apply to a physician or dentist 4,335
as provided in division (B)(1)(b) of this section, the physician 4,336
or dentist, in lieu of personally testifying as to the results of 4,337
the test in question, may submit a certified copy of those
results, and, upon its submission, the certified copy is 4,338
qualified as authentic evidence and may be admitted as evidence 4,339
in accordance with the Rules of Evidence. Division (A) of 4,340
section 2317.422 of the Revised Code does not apply to any 4,341
certified copy of results submitted in accordance with this
division. Nothing in this division shall be construed to limit 4,342
the right of any party to call as a witness the person who 4,343
administered the test in question, the person under whose 4,344
supervision the test was administered, the custodian of the
results of the test, the person who compiled the results, or the 4,345
person under whose supervision the results were compiled. 4,346
(4)(a) As used in divisions (B)(1) to (3) of this section, 4,348
"communication" means acquiring, recording, or transmitting any 4,349
information, in any manner, concerning any facts, opinions, or 4,350
100
statements necessary to enable a physician or dentist to 4,351
diagnose, treat, prescribe, or act for a patient. A 4,352
"communication" may include, but is not limited to, any medical 4,353
or dental, office, or hospital communication such as a record, 4,354
chart, letter, memorandum, laboratory test and results, x-ray, 4,355
photograph, financial statement, diagnosis, or prognosis. 4,356
(b) As used in division (B)(2) of this section, "health 4,358
care provider" has the same meaning as in section 3729.01 of the 4,359
Revised Code.
(5) Divisions (B)(1), (2), (3), and (4) of this section 4,361
apply to doctors of medicine, doctors of osteopathic medicine, 4,362
doctors of podiatry, and dentists. 4,363
(6) Nothing in divisions (B)(1) to (5) of this section 4,365
affects, or shall be construed as affecting, the immunity from 4,366
civil liability conferred by section 307.628 OR 2305.33 of the 4,367
Revised Code upon physicians who report an employee's use of a 4,369
drug of abuse, or a condition of an employee other than one 4,370
involving the use of a drug of abuse, to the employer of the 4,371
employee in accordance with division (B) of that section. As 4,372
used in division (B)(6) of this section, "employee," "employer," 4,374
and "physician" have the same meanings as in section 2305.33 of 4,375
the Revised Code.
(C) A member of the clergy, rabbi, priest, or regularly 4,377
ordained, accredited, or licensed minister of an established and 4,379
legally cognizable church, denomination, or sect, when the member 4,380
of the clergy, rabbi, priest, or minister remains accountable to 4,382
the authority of that church, denomination, or sect, concerning a 4,383
confession made, or any information confidentially communicated, 4,384
to the member of the clergy, rabbi, priest, or minister for a 4,386
religious counseling purpose in the member of the clergy's, 4,387
rabbi's, priest's, or minister's professional character; however, 4,389
the member of the clergy, rabbi, priest, or minister may testify 4,391
by express consent of the person making the communication, except 4,392
when the disclosure of the information is in violation of a 4,393
101
sacred trust.
(D) Husband or wife, concerning any communication made by 4,395
one to the other, or an act done by either in the presence of the 4,396
other, during coverture, unless the communication was made, or 4,397
act done, in the known presence or hearing of a third person 4,398
competent to be a witness; and such rule is the same if the 4,399
marital relation has ceased to exist. 4,400
(E) A person who assigns a claim or interest, concerning 4,402
any matter in respect to which the person would not, if a party, 4,404
be permitted to testify;
(F) A person who, if a party, would be restricted under 4,407
section 2317.03 of the Revised Code, when the property or thing 4,408
is sold or transferred by an executor, administrator, guardian, 4,409
trustee, heir, devisee, or legatee, shall be restricted in the 4,410
same manner in any action or proceeding concerning the property 4,411
or thing.
(G)(1) A school guidance counselor who holds a valid 4,413
educator license from the state board of education as provided 4,415
for in section 3319.22 of the Revised Code, a person licensed 4,416
under Chapter 4757. of the Revised Code as a professional 4,417
clinical counselor, professional counselor, social worker, or 4,418
independent social worker, or registered under Chapter 4757. of 4,419
the Revised Code as a social work assistant concerning a 4,420
confidential communication received from a client in that 4,421
relation or the person's advice to a client unless any of the 4,423
following applies:
(a) The communication or advice indicates clear and 4,425
present danger to the client or other persons. For the purposes 4,426
of this division, cases in which there are indications of present 4,427
or past child abuse or neglect of the client constitute a clear 4,428
and present danger. 4,429
(b) The client gives express consent to the testimony. 4,431
(c) If the client is deceased, the surviving spouse or the 4,433
executor or administrator of the estate of the deceased client 4,434
102
gives express consent. 4,435
(d) The client voluntarily testifies, in which case the 4,437
school guidance counselor or person licensed or registered under 4,438
Chapter 4757. of the Revised Code may be compelled to testify on 4,440
the same subject.
(e) The court in camera determines that the information 4,442
communicated by the client is not germane to the counselor-client 4,443
or social worker-client relationship. 4,444
(f) A court, in an action brought against a school, its 4,446
administration, or any of its personnel by the client, rules 4,447
after an in-camera inspection that the testimony of the school 4,448
guidance counselor is relevant to that action. 4,449
(2) Nothing in division (G)(1) of this section shall 4,451
relieve a school guidance counselor or a person licensed or 4,453
registered under Chapter 4757. of the Revised Code from the 4,455
requirement to report information concerning child abuse or 4,456
neglect under section 2151.421 of the Revised Code.
(H) A mediator acting under a mediation order issued under 4,458
division (A) of section 3109.052 of the Revised Code or otherwise 4,459
issued in any proceeding for divorce, dissolution, legal 4,460
separation, annulment, or the allocation of parental rights and 4,461
responsibilities for the care of children, in any action or 4,462
proceeding, other than a criminal, delinquency, child abuse, 4,463
child neglect, or dependent child action or proceeding, that is 4,464
brought by or against either parent who takes part in mediation 4,465
in accordance with the order and that pertains to the mediation 4,466
process, to any information discussed or presented in the 4,467
mediation process, to the allocation of parental rights and 4,468
responsibilities for the care of the parents' children, or to the 4,469
awarding of visitation rights in relation to their children. 4,470
(I) A communications assistant, acting within the scope of 4,472
the communication assistant's authority, when providing 4,473
telecommunications relay service pursuant to section 4931.35 of 4,475
the Revised Code or Title II of the "Communications Act of 1934," 4,476
103
104 Stat. 366 (1990), 47 U.S.C. 225, concerning a communication 4,477
made through a telecommunications relay service. 4,478
Nothing in this section shall limit any immunity or 4,480
privilege granted under federal law or regulation. Nothing in 4,481
this section shall limit the obligation of a communications 4,482
assistant to divulge information or testify when mandated by 4,483
federal law or regulation or pursuant to subpoena in a criminal 4,484
proceeding. 4,485
Sec. 2907.08. (A) No person, for the purpose of sexually 4,494
arousing or gratifying the person's self, shall commit trespass 4,496
or otherwise surreptitiously invade the privacy of another, to 4,497
spy or eavesdrop upon another. 4,498
(B) No person, for the purpose of sexually arousing or 4,500
gratifying the person's self, shall commit trespass or otherwise 4,501
surreptitiously invade the privacy of another to photograph the 4,502
other person in a state of nudity.
(C) No person, for the purpose of sexually arousing or 4,504
gratifying the person's self, shall commit trespass or otherwise 4,506
surreptitiously invade the privacy of another to photograph the 4,507
other person in a state of nudity if the other person is a minor. 4,508
(D) No person, for the purpose of sexually arousing or 4,511
gratifying the person's self, shall commit trespass or otherwise 4,512
surreptitiously invade the privacy of another to photograph the
other person in a state of nudity if the other person is a minor 4,514
and any of the following applies: 4,515
(1) The offender is the minor's natural or adoptive 4,517
parent, stepparent, guardian, or custodian, or person in loco 4,518
parentis of the minor.
(2) The minor is in custody of law or is a patient in a 4,520
hospital or other institution, and the offender has supervisory 4,521
or disciplinary authority over the minor. 4,522
(3) The offender is a teacher, administrator, coach, or 4,524
other person in authority employed by or serving in a school for 4,525
which the state board of education prescribes minimum standards 4,526
104
pursuant to division (D) of section 3301.07 of the Revised Code, 4,528
the minor is enrolled in or attends that school, and the offender 4,529
is not enrolled in and does not attend that school. 4,530
(4) The offender is a teacher, administrator, coach, or 4,532
other person in authority employed by or serving in an 4,533
institution of higher education, and the minor is enrolled in or 4,535
attends that institution.
(5) The offender is a caregiver, administrator, or other 4,537
person in authority employed by or serving in a child day-care 4,538
center, type A family day-care home, or type B family day-care 4,540
home, and the minor is enrolled in or attends that center or 4,541
home.
(6) The offender is the minor's athletic or other type of 4,543
coach, is the minor's instructor, is the leader of a scouting 4,544
troop of which the minor is a member, provides babysitting care 4,545
for the minor, or is a person with temporary or occasional 4,546
disciplinary control over the minor.
(E)(1) Whoever violates this section is guilty of 4,548
voyeurism. 4,549
(2) A violation of division (A) of this section is a 4,552
misdemeanor of the third degree.
(3) A violation of division (B) of this section is a 4,555
misdemeanor of the second degree.
(4) A violation of division (C) of this section is a 4,558
misdemeanor of the first degree.
(5) A violation of division (D) of this section is a 4,561
felony of the fifth degree.
(F) As used in this section: 4,563
(1) "Institution of higher education" means a state 4,565
institution of higher education as defined in section 3345.031 of 4,566
the Revised Code, a private nonprofit college or university 4,568
located in this state that possesses a certificate of 4,569
authorization issued by the Ohio board of regents pursuant to 4,570
Chapter 1713. of the Revised Code, or a school certified under 4,573
105
Chapter 3332. of the Revised Code. 4,575
(2) "Child day-care center," "type A family day-care 4,578
home," and "type B family day-care home" have the same meanings 4,579
as in section 5104.01 of the Revised Code. 4,581
(3) "Babysitting care" has the same meaning as in section 4,583
2151.011 of the Revised Code MEANS CARE PROVIDED FOR A CHILD 4,585
WHILE THE PARENTS, GUARDIAN, OR LEGAL CUSTODIAN OF THE CHILD IS 4,586
TEMPORARILY AWAY.
Sec. 3107.012. (A) Except as provided in division (B) of 4,596
this section, only an individual who meets all of the following 4,597
requirements may perform the duties of an assessor under sections 4,598
3107.031, 3107.082, 3107.09, 3107.12, 5103.036, and 5103.152 of 4,600
the Revised Code:
(1) The individual must be in the employ of, appointed by, 4,603
or under contract with a court, public children services agency, 4,604
private child placing agency, or private noncustodial agency; 4,605
(2) The individual must be one of the following: 4,607
(a) A professional counselor or social worker licensed 4,609
under Chapter 4757. of the Revised Code; 4,610
(b) A psychologist licensed under Chapter 4732. of the 4,612
Revised Code;
(c) A student working to earn a post-secondary degree who 4,615
conducts assessor's duties under the supervision of a
professional counselor or social worker licensed under Chapter 4,617
4757. of the Revised Code or a psychologist licensed under
Chapter 4732. of the Revised Code; 4,618
(d) A civil service employee engaging in social work 4,620
without a license under Chapter 4757. of the Revised Code, as 4,621
permitted by division (A)(5) of section 4757.41 of the Revised 4,623
Code.
(3) The individual must complete education programs in 4,625
accordance with rules adopted under section 3107.013 of the 4,626
Revised Code.
(B) An individual in the employ of, appointed by, or under 4,629
106
contract with a court prior to September 18, 1996, to conduct 4,630
adoption investigations of prospective adoptive parents may 4,632
perform the duties of an assessor under sections 3107.031, 4,633
3107.082, 3107.09, 3107.12, 5103.036, and 5103.152 of the Revised 4,635
Code if the individual complies with division (A)(3) of this 4,636
section regardless of whether the individual meets the 4,637
requirement of division (A)(2) of this section. 4,638
(C) A court, public children services agency, private 4,641
child placing agency, or private noncustodial agency may employ, 4,642
appoint, or contract with an assessor in the county in which a
petition for adoption is filed and in any other county or 4,643
location outside this state where information needed to complete 4,644
or supplement the assessor's duties may be obtained. More than 4,645
one assessor may be utilized for an adoption. 4,646
Sec. 3107.014. THE DEPARTMENT OF JOB AND FAMILY SERVICES 4,648
SHALL DEVELOP A SCHEDULE OF EDUCATION PROGRAMS THAT MEET THE 4,649
REQUIREMENTS ESTABLISHED IN RULES ADOPTED PURSUANT TO SECTION 4,650
3107.013 OF THE REVISED CODE. THE SCHEDULE SHALL INCLUDE ENOUGH 4,652
PROGRAMS TO PROVIDE ALL AGENCIES EQUAL ACCESS TO THE PROGRAMS. 4,653
THE DEPARTMENT SHALL DISTRIBUTE THE SCHEDULE TO ALL AGENCIES. 4,655
Sec. 3107.02. (A) Any minor may be adopted. 4,664
(B) An adult may be adopted under any of the following 4,666
conditions: 4,667
(1) If he THE ADULT is totally and permanently disabled; 4,669
(2) If he THE ADULT is determined to be a mentally 4,671
retarded person as defined in section 5123.01 of the Revised 4,673
Code;
(3) If he THE ADULT had established a child-foster parent 4,676
CAREGIVER or child-stepparent relationship with the petitioners 4,677
as a minor, and he THE ADULT consents to the adoption. 4,678
(C) When proceedings to adopt a minor are initiated by the 4,680
filing of a petition, and the eighteenth birthday of the minor 4,681
occurs prior to the decision of the court, the court shall 4,682
require the person who is to be adopted to submit a written 4,683
107
statement of consent or objection to the adoption. If an 4,684
objection is submitted, the petition shall be dismissed, and if a 4,685
consent is submitted, the court shall proceed with the case, and 4,686
may issue an interlocutory order or final decree of adoption. 4,687
Sec. 3107.13. (A) A final decree of adoption shall not be 4,696
issued and an interlocutory order of adoption does not become 4,697
final, until the person to be adopted has lived in the adoptive 4,698
home for at least six months after placement by an agency, or for 4,699
at least six months after the department of job and family 4,700
services or the court has been informed of the placement of the
person with the petitioner, and the department or court has had 4,702
an opportunity to observe or investigate the adoptive home, or in 4,703
the case of adoption by a stepparent, until at least six months 4,704
after the filing of the petition, or until the child has lived in 4,705
the home for at least six months.
(B) In the case of a foster parent CAREGIVER adopting a 4,707
foster child or person adopting a child to whom the person is 4,709
related, the court shall apply the amount of time the child lived 4,710
in the foster parent's CAREGIVER'S or relative's home prior to 4,711
the date the foster parent CAREGIVER or relative files the 4,712
petition to adopt the child toward the six-month waiting period 4,714
established by division (A) of this section. 4,715
Sec. 3107.14. (A) The petitioner and the person sought to 4,724
be adopted shall appear at the hearing on the petition, unless 4,725
the presence of either is excused by the court for good cause 4,726
shown. 4,727
(B) The court may continue the hearing from time to time 4,729
to permit further observation, investigation, or consideration of 4,730
any facts or circumstances affecting the granting of the 4,731
petition, and may examine the petitioners separate and apart from 4,732
each other. 4,733
(C) If, at the conclusion of the hearing, the court finds 4,735
that the required consents have been obtained or excused and that 4,736
the adoption is in the best interest of the person sought to be 4,737
108
adopted as supported by the evidence, it may issue, subject to 4,738
division (B)(C)(1) of section 2151.86, section 3107.064, and 4,740
division (E) of section 3107.09 of the Revised Code, and any 4,741
other limitations specified in this chapter, a final decree of 4,742
adoption or an interlocutory order of adoption, which by its own 4,744
terms automatically becomes a final decree of adoption on a date 4,745
specified in the order, which, except as provided in division (B) 4,746
of section 3107.13 of the Revised Code, shall not be less than 4,748
six months or more than one year from the date of issuance of the 4,749
order, unless sooner vacated by the court for good cause shown. 4,750
In determining whether the adoption is in the best interest of 4,751
the person sought to be adopted, the court shall not consider the
age of the petitioner if the petitioner is old enough to adopt as 4,752
provided by section 3107.03 of the Revised Code. 4,753
In an interlocutory order of adoption, the court shall 4,755
provide for observation, investigation, and a further report on 4,756
the adoptive home during the interlocutory period. 4,757
(D) If the requirements for a decree under division (C) of 4,759
this section have not been satisfied or the court vacates an 4,760
interlocutory order of adoption, or if the court finds that a 4,761
person sought to be adopted was placed in the home of the 4,762
petitioner in violation of law, the court shall dismiss the 4,763
petition and may determine the agency or person to have temporary 4,764
or permanent custody of the person, which may include the agency 4,765
or person that had custody prior to the filing of the petition or 4,766
the petitioner, if the court finds it is in the best interest of 4,767
the person as supported by the evidence, or if the person is a 4,768
minor, the court may certify the case to the juvenile court of 4,769
the county where the minor is then residing for appropriate 4,770
action and disposition.
Sec. 3313.472. The board of education of each city, 4,779
exempted village, local, and joint vocational school district 4,780
shall adopt a policy on parental involvement in the schools of 4,781
the district. The policy shall be designed to build consistent 4,782
109
and effective communication between the parents AND FOSTER 4,783
CAREGIVERS of students enrolled in the district and the teachers 4,785
and administrators assigned to the schools their children OR 4,786
FOSTER CHILDREN attend. The policy shall provide the opportunity 4,788
for parents AND FOSTER CAREGIVERS to be actively involved in 4,789
their children's OR FOSTER CHILDREN'S education and to be 4,790
informed of the following: 4,791
(A) The importance of the involvement of parents AND 4,793
FOSTER CAREGIVERS in directly affecting the success of their 4,795
children's OR FOSTER CHILDREN'S educational efforts; 4,797
(B) How and when to assist their children OR FOSTER 4,799
CHILDREN in and support their children's OR FOSTER CHILDREN'S 4,801
classroom learning activities;
(C) Techniques, strategies, and skills to use at home to 4,803
improve their children's OR FOSTER CHILDREN'S academic success 4,804
and to support their children's OR FOSTER CHILDREN'S academic 4,806
efforts at school and their children's OR FOSTER CHILDREN'S 4,807
development as future responsible adult members of society. 4,808
Sec. 3313.64. (A) As used in this section and in section 4,817
3313.65 of the Revised Code: 4,818
(1) "Parent" means either parent, unless the parents are 4,820
separated or divorced or their marriage has been dissolved or 4,821
annulled, in which case "parent" means the parent who is the 4,822
residential parent and legal custodian of the child. When a 4,823
child is in the legal custody of a government agency or a person 4,824
other than the child's natural or adoptive parent, "parent" means 4,825
the parent with residual parental rights, privileges, and 4,826
responsibilities. When a child is in the permanent custody of a 4,827
government agency or a person other than the child's natural or 4,828
adoptive parent, "parent" means the parent who was divested of 4,829
parental rights and responsibilities for the care of the child 4,830
and the right to have the child live with the parent and be the 4,831
legal custodian of the child and all residual parental rights, 4,833
privileges, and responsibilities. 4,834
110
(2) "Legal custody," "permanent custody," and "residual 4,836
parental rights, privileges, and responsibilities" have the same 4,837
meanings as in section 2151.011 of the Revised Code. 4,838
(3) "School district" or "district" means a city, local, 4,840
or exempted village school district and excludes any school 4,841
operated in an institution maintained by the department of youth 4,842
services. 4,843
(4) Except as used in division (C)(2) of this section, 4,845
"home" means a home, institution, family foster home, group home, 4,846
or other residential facility in this state that receives and 4,847
cares for children, to which any of the following applies: 4,848
(a) The home is licensed, certified, or approved for such 4,850
purpose by the state or is maintained by the department of youth 4,851
services. 4,852
(b) The home is operated by a person who is licensed, 4,854
certified, or approved by the state to operate the home for such 4,855
purpose. 4,856
(c) The home accepted the child through a placement by a 4,858
person licensed, certified, or approved to place a child in such 4,859
a home by the state. 4,860
(d) The home is a children's home created under section 4,862
5153.21 or 5153.36 of the Revised Code. 4,863
(5) "Agency" means all of the following: 4,865
(a) A public children services agency; 4,867
(b) An organization that holds a certificate issued by the 4,869
Ohio department of job and family services in accordance with the 4,871
requirements of section 5103.03 of the Revised Code and assumes 4,872
temporary or permanent custody of children through commitment, 4,873
agreement, or surrender, and places children in family homes for 4,874
the purpose of adoption; 4,875
(c) Comparable agencies of other states or countries that 4,877
have complied with applicable requirements of section 2151.39, or 4,878
sections 5103.20 to 5103.28 of the Revised Code. 4,879
(6) A child is placed for adoption if either of the 4,881
111
following occurs: 4,882
(a) An agency to which the child has been permanently 4,884
committed or surrendered enters into an agreement with a person 4,885
pursuant to section 5103.16 of the Revised Code for the care and 4,887
adoption of the child. 4,888
(b) The child's natural parent places the child pursuant 4,890
to section 5103.16 of the Revised Code with a person who will 4,891
care for and adopt the child. 4,892
(7) "Handicapped preschool child" means a handicapped 4,894
child, as defined by division (A) of section 3323.01 of the 4,895
Revised Code, who is at least three years of age but is not of 4,896
compulsory school age, as defined in section 3321.01 of the 4,897
Revised Code, and who is not currently enrolled in kindergarten. 4,898
(8) "Child," unless otherwise indicated, includes 4,900
handicapped preschool children. 4,901
(B) Except as otherwise provided in section 3321.01 of the 4,903
Revised Code for admittance to kindergarten and first grade, a 4,904
child who is at least five but under twenty-two years of age and 4,905
any handicapped preschool child shall be admitted to school as 4,906
provided in this division. 4,907
(1) A child shall be admitted to the schools of the school 4,909
district in which the child's parent resides. 4,910
(2) A child who does not reside in the district where the 4,913
child's parent resides shall be admitted to the schools of the
district in which the child resides if any of the following 4,915
applies:
(a) The child is in the legal or permanent custody of a 4,917
government agency or a person other than the child's natural or 4,919
adoptive parent. 4,920
(b) The child resides in a home. 4,922
(c) The child requires special education. 4,924
(3) A child who is not entitled under division (B)(2) of 4,926
this section to be admitted to the schools of the district where 4,927
the child resides and who is residing with a resident of this 4,928
112
state with whom the child has been placed for adoption shall be 4,930
admitted to the schools of the district where the child resides 4,932
unless either of the following applies: 4,933
(a) The placement for adoption has been terminated. 4,935
(b) Another school district is required to admit the child 4,937
under division (B)(1) of this section. 4,938
Division (B) of this section does not prohibit the board of 4,940
education of a school district from placing a handicapped child 4,941
who resides in the district in a special education program 4,942
outside of the district or its schools in compliance with Chapter 4,943
3323. of the Revised Code. 4,944
(C) A district shall not charge tuition for children 4,946
admitted under division (B)(1) or (3) of this section. If the 4,947
district admits a child under division (B)(2) of this section, 4,948
tuition shall be paid to the district that admits the child as 4,949
follows: 4,950
(1) If the child receives special education in accordance 4,952
with Chapter 3323. of the Revised Code, tuition shall be paid in 4,953
accordance with section 3323.091, 3323.13, 3323.14, or 3323.141 4,954
of the Revised Code regardless of who has custody of the child or 4,955
whether the child resides in a home. 4,956
(2) Except as otherwise provided in division (C)(2)(d) of 4,958
this section, if the child is in the permanent or legal custody 4,959
of a government agency or person other than the child's parent, 4,960
tuition shall be paid by: 4,961
(a) The district in which the child's parent resided at 4,963
the time the court removed the child from home or at the time the 4,965
court vested legal or permanent custody of the child in the
person or government agency, whichever occurred first; or 4,966
(b) If the parent's residence at the time the court 4,968
removed the child from home or placed the child in the legal or 4,970
permanent custody of the person or government agency is unknown,
tuition shall be paid by the district in which the child resided 4,971
at the time the child was removed from home or placed in legal or 4,973
113
permanent custody, whichever occurred first; or
(c) If a school district cannot be established under 4,975
division (C)(2)(a) or (b) of this section, tuition shall be paid 4,976
by the district determined as required by section 2151.357 of the 4,977
Revised Code by the court at the time it vests custody of the 4,978
child in the person or government agency.; 4,979
(d) If at the time the court removed the child from home 4,982
or vested legal or permanent custody of the child in the person 4,983
or government agency, whichever occurred first, one parent was in 4,984
a residential or correctional facility or a juvenile residential 4,985
placement and the other parent, if living and not in such a 4,986
facility or placement, was not known to reside in this state, 4,987
tuition shall be paid by the district determined under division 4,988
(D) of section 3313.65 of the Revised Code as the district 4,989
required to pay any tuition while the parent was in such facility 4,990
or placement.
(3) If the child is not in the permanent or legal custody 4,992
of a government agency or person other than the child's parent 4,994
and the child resides in a home, tuition shall be paid by one of 4,995
the following:
(a) The school district in which the child's parent 4,997
resides; 4,998
(b) If the child's parent is not a resident of this state, 5,000
the home in which the child resides. 5,001
(D) Tuition required to be paid under divisions (C)(2) and 5,003
(3)(a) of this section shall be computed in accordance with 5,004
section 3317.08 of the Revised Code. Tuition required to be paid 5,005
under division (C)(3)(b) of this section shall be computed in 5,006
accordance with section 3317.081 of the Revised Code. If a home 5,007
fails to pay the tuition required by division (C)(3)(b) of this 5,008
section, the board of education providing the education may 5,009
recover in a civil action the tuition and the expenses incurred 5,010
in prosecuting the action, including court costs and reasonable 5,011
attorney's fees. If the prosecuting attorney or city director of 5,012
114
law represents the board in such action, costs and reasonable 5,013
attorney's fees awarded by the court, based upon the prosecuting 5,014
attorney's, director's, or one of their designee's time spent 5,016
preparing and presenting the case, shall be deposited in the 5,017
county or city general fund. 5,018
(E) A board of education may enroll a child free of any 5,020
tuition obligation for a period not to exceed sixty days, on the 5,021
sworn statement of an adult resident of the district that the 5,022
resident has initiated legal proceedings for custody of the 5,024
child.
(F) In the case of any individual entitled to attend 5,026
school under this division, no tuition shall be charged by the 5,027
school district of attendance and no other school district shall 5,028
be required to pay tuition for the individual's attendance. 5,029
Notwithstanding division (B), (C), or (E) of this section: 5,030
(1) All persons at least eighteen but under twenty-two 5,032
years of age who live apart from their parents, support 5,033
themselves by their own labor, and have not successfully 5,034
completed the high school curriculum or the individualized 5,035
education program developed for the person by the high school 5,036
pursuant to section 3323.08 of the Revised Code, are entitled to 5,037
attend school in the district in which they reside. 5,038
(2) Any child under eighteen years of age who is married 5,040
is entitled to attend school in the child's district of 5,041
residence. 5,042
(3) A child is entitled to attend school in the district 5,044
in which either of the child's parents is employed if the child 5,046
has a medical condition that may require emergency medical 5,047
attention. The parent of a child entitled to attend school under 5,048
division (F)(3) of this section shall submit to the board of 5,049
education of the district in which the parent is employed a 5,050
statement from the child's physician certifying that the child's 5,051
medical condition may require emergency medical attention. The 5,052
statement shall be supported by such other evidence as the board 5,053
115
may require.
(4) Any child residing with a person other than the 5,055
child's parent is entitled, for a period not to exceed twelve 5,057
months, to attend school in the district in which that person 5,058
resides if the child's parent files an affidavit with the 5,059
superintendent of the district in which the person with whom the 5,060
child is living resides stating all of the following: 5,061
(a) That the parent is serving outside of the state in the 5,063
armed services of the United States; 5,064
(b) That the parent intends to reside in the district upon 5,066
returning to this state; 5,067
(c) The name and address of the person with whom the child 5,069
is living while the parent is outside the state. 5,070
(5) Any child under the age of twenty-two years who, after 5,072
the death of a parent, resides in a school district other than 5,073
the district in which the child attended school at the time of 5,074
the parent's death is entitled to continue to attend school in 5,075
the district in which the child attended school at the time of 5,076
the parent's death for the remainder of the school year, subject 5,077
to approval of that district board. 5,078
(6) A child under the age of twenty-two years who resides 5,080
with a parent who is having a new house built in a school 5,081
district outside the district where the parent is residing is 5,082
entitled to attend school for a period of time in the district 5,083
where the new house is being built. In order to be entitled to 5,084
such attendance, the parent shall provide the district 5,085
superintendent with the following: 5,086
(a) A sworn statement explaining the situation, revealing 5,088
the location of the house being built, and stating the parent's 5,089
intention to reside there upon its completion; 5,090
(b) A statement from the builder confirming that a new 5,092
house is being built for the parent and that the house is at the 5,093
location indicated in the parent's statement. 5,094
(7) A child under the age of twenty-two years residing 5,096
116
with a parent who has a contract to purchase a house in a school 5,097
district outside the district where the parent is residing and 5,098
who is waiting upon the date of closing of the mortgage loan for 5,099
the purchase of such house is entitled to attend school for a 5,100
period of time in the district where the house is being 5,101
purchased. In order to be entitled to such attendance, the 5,102
parent shall provide the district superintendent with the 5,103
following: 5,104
(a) A sworn statement explaining the situation, revealing 5,106
the location of the house being purchased, and stating the 5,107
parent's intent to reside there; 5,108
(b) A statement from a real estate broker or bank officer 5,110
confirming that the parent has a contract to purchase the house, 5,111
that the parent is waiting upon the date of closing of the 5,112
mortgage loan, and that the house is at the location indicated in 5,113
the parent's statement. 5,114
The district superintendent shall establish a period of 5,116
time not to exceed ninety days during which the child entitled to 5,117
attend school under division (F)(6) or (7) of this section may 5,118
attend without tuition obligation. A student attending a school 5,119
under division (F)(6) or (7) of this section shall be eligible to 5,120
participate in interscholastic athletics under the auspices of 5,121
that school, provided the board of education of the school 5,122
district where the student's parent resides, by a formal action, 5,123
releases the student to participate in interscholastic athletics 5,124
at the school where the student is attending, and provided the 5,125
student receives any authorization required by a public agency or 5,126
private organization of which the school district is a member 5,127
exercising authority over interscholastic sports. 5,128
(8) A child whose parent is a full-time employee of a 5,130
city, local, or exempted village school district, or of an 5,131
educational service center, may be admitted to the schools of the 5,133
district where the child's parent is employed, or in the case of 5,134
a child whose parent is employed by an educational service 5,135
117
center, in the district that serves the location where the 5,136
parent's job is primarily located, provided the district board of 5,137
education establishes such an admission policy by resolution 5,138
adopted by a majority of its members. Any such policy shall take 5,139
effect on the first day of the school year and the effective date 5,140
of any amendment or repeal may not be prior to the first day of 5,141
the subsequent school year. The policy shall be uniformly 5,142
applied to all such children and shall provide for the admission 5,143
of any such child upon request of the parent. No child may be 5,144
admitted under this policy after the first day of classes of any 5,145
school year.
(9) A child who is with the child's parent under the care 5,147
of a shelter for victims of domestic violence, as defined in 5,149
section 3113.33 of the Revised Code, is entitled to attend school 5,150
free in the district in which the child is with the child's 5,151
parent, and no other school district shall be required to pay 5,154
tuition for the child's attendance in that school district. 5,156
The enrollment of a child in a school district under this 5,158
division shall not be denied due to a delay in the school 5,159
district's receipt of any records required under section 3313.672 5,160
of the Revised Code or any other records required for enrollment. 5,161
Any days of attendance and any credits earned by a child while 5,162
enrolled in a school district under this division shall be 5,163
transferred to and accepted by any school district in which the 5,164
child subsequently enrolls. The state board of education shall 5,165
adopt rules to ensure compliance with this division. 5,166
(10) Any child under the age of twenty-two years whose 5,168
parent has moved out of the school district after the 5,169
commencement of classes in the child's senior year of high school 5,170
is entitled, subject to the approval of that district board, to 5,171
attend school in the district in which the child attended school 5,172
at the time of the parental move for the remainder of the school 5,173
year and for one additional semester or equivalent term. A 5,175
district board may also adopt a policy specifying extenuating 5,176
118
circumstances under which a student may continue to attend school 5,177
under division (F)(10) of this section for an additional period 5,178
of time in order to successfully complete the high school 5,179
curriculum for the individualized education program developed for 5,180
the student by the high school pursuant to section 3323.08 of the 5,181
Revised Code.
(11) As used in this division, "grandparent" means a 5,183
parent of a parent of a child. A child under the age of 5,184
twenty-two years who is in the custody of the child's parent, 5,186
resides with a grandparent, and does not require special 5,187
education is entitled to attend the schools of the district in 5,188
which the child's grandparent resides, provided that, prior to 5,190
such attendance in any school year, the board of education of the 5,191
school district in which the child's grandparent resides and the 5,192
board of education of the school district in which the child's 5,194
parent resides enter into a written agreement specifying that 5,196
good cause exists for such attendance, describing the nature of 5,197
this good cause, and consenting to such attendance. 5,198
In lieu of a consent form signed by a parent, a board of 5,200
education may request the grandparent of a child attending school 5,201
in the district in which the grandparent resides pursuant to 5,202
division (F)(11) of this section to complete any consent form 5,203
required by the district, including any authorization required by 5,204
sections 3313.712, 3313.713, and 3313.716 of the Revised Code. 5,205
Upon request, the grandparent shall complete any consent form 5,206
required by the district. A school district shall not incur any 5,207
liability solely because of its receipt of a consent form from a 5,208
grandparent in lieu of a parent. 5,209
Division (F)(11) of this section does not create, and shall 5,212
not be construed as creating, a new cause of action or 5,213
substantive legal right against a school district, a member of a 5,214
board of education, or an employee of a school district. This 5,215
section does not affect, and shall not be construed as affecting, 5,216
any immunities from defenses to tort liability created or 5,217
119
recognized by Chapter 2744. of the Revised Code for a school 5,218
district, member, or employee.
(12) A child under the age of twenty-two years is entitled 5,221
to attend school in a school district other than the district in
which the child is entitled to attend school under division (B), 5,223
(C), or (E) of this section provided that, prior to such 5,225
attendance in any school year, both of the following occur: 5,226
(a) The superintendent of the district in which the child 5,228
is entitled to attend school under division (B), (C), or (E) of 5,231
this section contacts the superintendent of another district for
purposes of this division; 5,233
(b) The superintendents of both districts enter into a 5,236
written agreement that consents to the attendance and specifies
that the purpose of such attendance is to protect the student's 5,238
physical or mental well-being or to deal with other extenuating 5,239
circumstances deemed appropriate by the superintendents.
While an agreement is in effect under this division for a 5,241
student who is not receiving special education under Chapter 5,242
3323. of the Revised Code and notwithstanding Chapter 3327. of 5,243
the Revised Code, the board of education of neither school 5,244
district involved in the agreement is required to provide 5,245
transportation for the student to and from the school where the 5,246
student attends.
A student attending a school of a district pursuant to this 5,248
division shall be allowed to participate in all student 5,249
activities, including interscholastic athletics, at the school 5,250
where the student is attending on the same basis as any student 5,251
who has always attended the schools of that district while of 5,252
compulsory school age.
(G) A board of education, after approving admission, may 5,254
waive tuition for students who will temporarily reside in the 5,255
district and who are either of the following: 5,256
(1) Residents or domiciliaries of a foreign nation who 5,258
request admission as foreign exchange students; 5,259
120
(2) Residents or domiciliaries of the United States but 5,261
not of Ohio who request admission as participants in an exchange 5,262
program operated by a student exchange organization. 5,263
(H) Pursuant to sections 3311.211, 3313.90, 3319.01, 5,265
3323.04, 3327.04, and 3327.06 of the Revised Code, a child may 5,266
attend school or participate in a special education program in a 5,267
school district other than in the district where the child is 5,268
entitled to attend school under division (B) of this section. 5,269
(I) This division does not apply to a child receiving 5,271
special education. 5,272
A school district required to pay tuition pursuant to 5,274
division (C)(2) or (3) of this section or section 3313.65 of the 5,275
Revised Code shall have an amount deducted under division (F) of 5,277
section 3317.023 of the Revised Code equal to its own tuition 5,278
rate for the same period of attendance. A school district 5,279
entitled to receive tuition pursuant to division (C)(2) or (3) of 5,280
this section or section 3313.65 of the Revised Code shall have an 5,281
amount credited under division (F) of section 3317.023 of the 5,283
Revised Code equal to its own tuition rate for the same period of 5,284
attendance. If the tuition rate credited to the district of 5,285
attendance exceeds the rate deducted from the district required 5,286
to pay tuition, the department of education shall pay the 5,287
district of attendance the difference from amounts deducted from 5,288
all districts' payments under division (F) of section 3317.023 of 5,290
the Revised Code but not credited to other school districts under 5,291
such division and from appropriations made for such purpose. The 5,292
treasurer of each school district shall, by the fifteenth day of 5,293
January and July, furnish the superintendent of public 5,294
instruction a report of the names of each child who attended the 5,295
district's schools under divisions (C)(2) and (3) of this section 5,296
or section 3313.65 of the Revised Code during the preceding six 5,297
calendar months, the duration of the attendance of those 5,298
children, the school district responsible for tuition on behalf 5,299
of the child, and any other information that the superintendent 5,300
121
requires. 5,301
Upon receipt of the report the superintendent, pursuant to 5,303
division (F) of section 3317.023 of the Revised Code, shall 5,304
deduct each district's tuition obligations under divisions (C)(2) 5,305
and (3) of this section or section 3313.65 of the Revised Code 5,306
and pay to the district of attendance that amount plus any amount 5,307
required to be paid by the state. 5,308
(J) In the event of a disagreement, the superintendent of 5,310
public instruction shall determine the school district in which 5,311
the parent resides. 5,312
(K) Nothing in this section requires or authorizes, or 5,314
shall be construed to require or authorize, the admission to a 5,315
public school in this state of a pupil who has been permanently 5,316
excluded from public school attendance by the superintendent of 5,317
public instruction pursuant to sections 3301.121 and 3313.662 of 5,318
the Revised Code. 5,319
Sec. 3323.01. As used in this chapter and Chapter 3321. of 5,328
the Revised Code: 5,329
(A) "Handicapped child" means a person under twenty-two 5,331
years of age who is developmentally handicapped, hearing 5,332
handicapped, speech handicapped, visually disabled, severe 5,333
behavior handicapped, orthopedically handicapped, 5,334
multihandicapped, other health handicapped, specific learning 5,335
disabled, autistic, or traumatic brain injured, and by reason 5,336
thereof requires special education. 5,337
(B) "Special education program" means the required related 5,339
services and instruction specifically designed to meet the unique 5,340
needs of a handicapped child, including classroom instruction, 5,341
home instruction, and instruction in hospitals and institutions 5,342
and in other settings. 5,343
(C) "Related services" means transportation, and such 5,345
developmental, corrective, and other supportive services as may 5,346
be required to assist a handicapped child to benefit from special 5,347
education, including the early identification and assessment of 5,348
122
handicapped conditions in children, speech pathology and 5,349
audiology, psychological services, occupational and physical 5,350
therapy, physical education, recreation, counseling services 5,351
including rehabilitative counseling, and medical services, except 5,352
that such medical services shall be for diagnostic and evaluation 5,353
purposes only. 5,354
(D) "Appropriate public education" means special education 5,356
and related services that: 5,357
(1) Are provided at public expense and under public 5,359
supervision; 5,360
(2) Meet the standards of the state board of education; 5,362
(3) Include an appropriate preschool, elementary, or 5,364
secondary education; 5,365
(4) Are provided in conformity with the individualized 5,367
education program required under this chapter. 5,368
(E) "Individualized education program" means a written 5,370
statement for each handicapped child designed to meet the unique 5,371
needs of a handicapped child, which statement shall include: 5,372
(1) A statement of the present levels of educational 5,374
performance of such child; 5,375
(2) A statement of annual goals, including short-term 5,377
instructional objectives; 5,378
(3) A statement of the specific educational services to be 5,380
provided to such child, and the extent to which such child will 5,381
be able to participate in regular educational programs; 5,382
(4) A statement of the transition services needed for such 5,384
child beginning no later than age sixteen and annually thereafter 5,385
(and, when determined appropriate for such child, beginning at 5,386
age fourteen or younger), including, when appropriate, a 5,387
statement of the interagency responsibilities and linkages before 5,388
the student leaves the school setting; 5,389
(5) The projected date for initiation and anticipated 5,391
duration of such services; 5,392
(6) Appropriate objective criteria and evaluation 5,394
123
procedures and schedules for determining, on at least an annual 5,395
basis, whether instructional objectives are being achieved, and 5,396
whether current placement is appropriate. 5,397
(F) "Other educational agency" means a department, 5,399
division, bureau, office, institution, board, commission, 5,400
committee, authority, or other state or local agency, other than 5,401
a school district or an agency administered by the department of 5,402
mental retardation and developmental disabilities, that provides 5,403
or seeks to provide special education or related services to 5,404
handicapped children. 5,405
(G) "School district" means a city, local, or exempted 5,407
village school district. 5,408
(H) "Parents" means either parent. If the parents are 5,410
separated or divorced, "parent" means the parent who is the 5,411
residential parent and legal custodian of the handicapped child. 5,412
Except as used in division (I) of this section and in sections 5,413
3323.09 and 3323.141 of the Revised Code, "parents" includes a 5,414
child's guardian or, custodian, OR FOSTER CAREGIVER. This 5,416
definition does not apply to Chapter 3321. of the Revised Code. 5,417
(I) As used in sections 3323.09, 3323.091, 3323.13, and 5,419
3323.14 of the Revised Code, "school district of residence" 5,420
means: 5,421
(1) The school district in which the child's parents 5,423
reside; 5,424
(2) If the school district specified in division (I)(1) of 5,426
this section cannot be determined, the last school district in 5,427
which the child's parents are known to have resided if the 5,428
parents' whereabouts are unknown; 5,429
(3) If the school district specified in division (I)(2) of 5,431
this section cannot be determined, the school district determined 5,432
by the court under section 2151.357 of the Revised Code, or if no 5,433
district has been so determined, the school district as 5,434
determined by the probate court of the county in which the child 5,435
resides. The school district of residence that had been 5,436
124
established under this section on December 12, 1983, shall remain 5,437
the child's school district of residence unless a district of 5,438
residence can be determined under division (I)(1) or (2) of this 5,439
section. 5,440
(4) Notwithstanding divisions (I)(1) to (3) of this 5,442
section, if a school district is required by section 3313.65 of 5,443
the Revised Code to pay tuition for a child, that district shall 5,444
be the child's school district of residence. 5,445
(J) "County MR/DD board" means a county board of mental 5,447
retardation and developmental disabilities. 5,448
(K) "Handicapped preschool child" means a handicapped 5,450
child who is at least three years of age but is not of compulsory 5,451
school age, as defined under section 3321.01 of the Revised Code, 5,452
and who is not currently enrolled in kindergarten. 5,454
(L) "Transition services" means a coordinated set of 5,456
activities for a student, designed within an outcome-oriented 5,457
process, that: 5,458
(1) Promotes movement from school to post-school 5,460
activities, including post-secondary education; vocational 5,461
training; integrated employment, including supported employment; 5,462
continuing and adult education; adult services; independent 5,463
living; and community participation; 5,464
(2) Is based upon the individual student's needs, 5,466
including taking into account the student's preferences and 5,467
interests; 5,468
(3) Includes instruction, community experiences, the 5,470
development of employment and other post-school adult living 5,471
objectives, and, when appropriate, acquisition of daily living 5,472
skills and functional vocational evaluation. 5,473
(M) "Visual disability" for any individual means that one 5,475
of the following applies to the individual: 5,476
(1) The individual has a visual acuity of 20/200 or less 5,478
in the better eye with correcting lenses or has a limited field 5,479
of vision in the better eye such that the widest diameter 5,480
125
subtends an angular distance of no greater than twenty degrees. 5,481
(2) The individual has a medically indicated expectation 5,483
of meeting the requirements of division (M)(1) of this section 5,484
over a period of time.
(3) The individual has a medically diagnosed and medically 5,486
uncorrectable limitation in visual functioning that adversely 5,487
affects the individual's ability to read and write standard print 5,488
at levels expected of the individual's peers of comparable 5,489
ability and grade level.
(N) "Student with a visual disability" means any person 5,491
under twenty-two years of age who has a visual disability. 5,492
(O) "Instruction in braille reading and writing" means the 5,494
teaching of the system of reading and writing through touch 5,495
commonly known as standard English braille. 5,496
Sec. 3701.045. (A) THE DEPARTMENT OF HEALTH, IN 5,499
CONSULTATION WITH THE CHILDREN'S TRUST FUND BOARD ESTABLISHED
UNDER SECTION 3109.15 OF THE REVISED CODE AND ANY BODIES ACTING 5,500
AS CHILD FATALITY REVIEW BOARDS ON THE EFFECTIVE DATE OF THIS 5,501
SECTION, SHALL ADOPT RULES IN ACCORDANCE WITH CHAPTER 119. OF THE 5,502
REVISED CODE THAT ESTABLISH A PROCEDURE FOR CHILD FATALITY REVIEW 5,503
BOARDS TO FOLLOW IN CONDUCTING A REVIEW OF THE DEATH OF A CHILD. 5,504
THE RULES SHALL DO ALL OF THE FOLLOWING: 5,505
(1) ESTABLISH THE FORMAT FOR THE ANNUAL REPORTS REQUIRED 5,507
BY SECTION 307.626 OF THE REVISED CODE; 5,508
(2) ESTABLISH GUIDELINES FOR A CHILD FATALITY REVIEW BOARD 5,510
TO FOLLOW IN COMPILING STATISTICS FOR ANNUAL REPORTS SO THAT THE 5,511
REPORTS DO NOT CONTAIN ANY INFORMATION THAT WOULD PERMIT ANY 5,512
PERSON'S IDENTITY TO BE ASCERTAINED FROM A REPORT; 5,513
(3) ESTABLISH GUIDELINES FOR A CHILD FATALITY REVIEW BOARD 5,515
TO FOLLOW IN CREATING AND MAINTAINING THE COMPREHENSIVE DATABASE 5,517
OF CHILD DEATHS REQUIRED BY SECTION 307.623 OF THE REVISED CODE, 5,519
INCLUDING PROVISIONS ESTABLISHING UNIFORM RECORD-KEEPING
PROCEDURES; 5,520
(4) ESTABLISH GUIDELINES, MATERIALS, AND TRAINING TO HELP 5,522
126
EDUCATE MEMBERS OF CHILD FATALITY REVIEW BOARDS ABOUT THE PURPOSE 5,523
OF THE REVIEW PROCESS AND THE CONFIDENTIALITY OF THE INFORMATION 5,526
DESCRIBED IN SECTION 307.629 OF THE REVISED CODE AND TO MAKE THEM 5,528
AWARE THAT SUCH INFORMATION IS NOT A PUBLIC RECORD UNDER SECTION 5,529
149.43 OF THE REVISED CODE.
(B) ON OR BEFORE THE THIRTIETH DAY OF SEPTEMBER OF EACH 5,531
YEAR, THE DEPARTMENT OF HEALTH AND THE CHILDREN'S TRUST FUND 5,533
BOARD JOINTLY SHALL PREPARE AND PUBLISH A REPORT ORGANIZING AND 5,534
SETTING FORTH THE DATA IN ALL THE REPORTS PROVIDED BY CHILD 5,535
FATALITY REVIEW BOARDS IN THEIR ANNUAL REPORTS FOR THE PREVIOUS 5,536
CALENDAR YEAR AND RECOMMENDING ANY CHANGES TO LAW AND POLICY THAT
MIGHT PREVENT FUTURE DEATHS. THE DEPARTMENT AND THE CHILDREN'S 5,537
TRUST FUND BOARD JOINTLY SHALL PROVIDE A COPY OF THE REPORT TO 5,538
THE GOVERNOR, THE SPEAKER OF THE HOUSE OF REPRESENTATIVES, THE 5,540
PRESIDENT OF THE SENATE, THE MINORITY LEADERS OF THE HOUSE OF 5,541
REPRESENTATIVES AND THE SENATE, EACH COUNTY OR REGIONAL CHILD 5,542
FATALITY REVIEW BOARD, AND EACH COUNTY OR REGIONAL FAMILY AND
CHILDREN FIRST COUNCIL. 5,543
Sec. 3705.071. ON RECEIPT OF A DEATH CERTIFICATE OF A 5,545
PERSON WHO WAS UNDER EIGHTEEN YEARS OF AGE AT DEATH, THE LOCAL 5,546
REGISTRAR OF VITAL STATISTICS SHALL DETERMINE THE COUNTY IN WHICH 5,547
THE PERSON RESIDED AT THE TIME OF DEATH. IF THE COUNTY OF 5,548
RESIDENCE WAS OTHER THAN THE COUNTY IN WHICH THE PERSON DIED, THE
REGISTRAR, AFTER REGISTERING THE CERTIFICATE AND NO LATER THAN 5,549
FOUR WEEKS AFTER RECEIVING IT, SHALL MAKE A COPY OF THE 5,550
CERTIFICATE AND SEND IT TO THE LOCAL REGISTRAR OF VITAL 5,552
STATISTICS OF THE COUNTY IN WHICH THE PERSON RESIDED AT THE TIME 5,553
OF DEATH.
Sec. 4731.22. (A) The state medical board, by an 5,563
affirmative vote of not fewer than six of its members, may revoke 5,564
or may refuse to grant a certificate to a person found by the 5,565
board to have committed fraud during the administration of the 5,566
examination for a certificate to practice or to have committed 5,568
fraud, misrepresentation, or deception in applying for or 5,569
127
securing any certificate to practice or certificate of
registration issued by the board. 5,570
(B) The board, by an affirmative vote of not fewer than 5,573
six members, shall, to the extent permitted by law, limit, 5,574
revoke, or suspend an individual's certificate to practice, 5,576
refuse to register an individual, refuse to reinstate a 5,577
certificate, or reprimand or place on probation the holder of a 5,579
certificate for one or more of the following reasons:
(1) Permitting one's name or one's certificate to practice 5,581
or certificate of registration to be used by a person, group, or 5,583
corporation when the individual concerned is not actually 5,584
directing the treatment given; 5,585
(2) Failure to maintain minimal standards applicable to 5,588
the selection or administration of drugs, or failure to employ 5,589
acceptable scientific methods in the selection of drugs or other 5,590
modalities for treatment of disease; 5,591
(3) Selling, giving away, personally furnishing, 5,593
prescribing, or administering drugs for other than legal and 5,594
legitimate therapeutic purposes or a plea of guilty to, a 5,595
judicial finding of guilt of, or a judicial finding of 5,596
eligibility for treatment in lieu of conviction of, a violation 5,597
of any federal or state law regulating the possession,
distribution, or use of any drug; 5,598
(4) Willfully betraying a professional confidence. 5,600
For purposes of this division, "willfully betraying a 5,602
professional confidence" does not include PROVIDING ANY 5,603
INFORMATION, DOCUMENTS, OR REPORTS TO A CHILD FATALITY REVIEW 5,604
BOARD UNDER SECTIONS 307.621 TO 307.629 OF THE REVISED CODE AND 5,605
DOES NOT INCLUDE the making of a report of an employee's use of a 5,607
drug of abuse, or a report of a condition of an employee other 5,608
than one involving the use of a drug of abuse, to the employer of 5,609
the employee as described in division (B) of section 2305.33 of 5,610
the Revised Code. Nothing in this division affects the immunity 5,612
from civil liability conferred by that section upon a physician 5,613
128
who makes either type of report in accordance with division (B) 5,614
of that section. As used in this division, "employee," 5,615
"employer," and "physician" have the same meanings as in section 5,616
2305.33 of the Revised Code. 5,617
(5) Making a false, fraudulent, deceptive, or misleading 5,620
statement in the solicitation of or advertising for patients; in 5,622
relation to the practice of medicine and surgery, osteopathic 5,623
medicine and surgery, podiatry, or a limited branch of medicine; 5,624
or in securing or attempting to secure any certificate to 5,626
practice or certificate of registration issued by the board.
As used in this division, "false, fraudulent, deceptive, or 5,628
misleading statement" means a statement that includes a 5,629
misrepresentation of fact, is likely to mislead or deceive 5,630
because of a failure to disclose material facts, is intended or 5,631
is likely to create false or unjustified expectations of 5,632
favorable results, or includes representations or implications 5,633
that in reasonable probability will cause an ordinarily prudent 5,634
person to misunderstand or be deceived. 5,635
(6) A departure from, or the failure to conform to, 5,637
minimal standards of care of similar practitioners under the same 5,638
or similar circumstances, whether or not actual injury to a 5,639
patient is established; 5,640
(7) Representing, with the purpose of obtaining 5,642
compensation or other advantage as personal gain or for any other 5,644
person, that an incurable disease or injury, or other incurable 5,645
condition, can be permanently cured; 5,646
(8) The obtaining of, or attempting to obtain, money or 5,648
anything of value by fraudulent misrepresentations in the course 5,649
of practice; 5,650
(9) A plea of guilty to, a judicial finding of guilt of, 5,653
or a judicial finding of eligibility for treatment in lieu of
conviction for, a felony; 5,654
(10) Commission of an act that constitutes a felony in 5,656
this state, regardless of the jurisdiction in which the act was 5,657
129
committed; 5,658
(11) A plea of guilty to, a judicial finding of guilt of, 5,661
or a judicial finding of eligibility for treatment in lieu of
conviction for, a misdemeanor committed in the course of 5,662
practice;
(12) Commission of an act in the course of practice that 5,664
constitutes a misdemeanor in this state, regardless of the 5,666
jurisdiction in which the act was committed; 5,667
(13) A plea of guilty to, a judicial finding of guilt of, 5,670
or a judicial finding of eligibility for treatment in lieu of
conviction for, a misdemeanor involving moral turpitude; 5,671
(14) Commission of an act involving moral turpitude that 5,673
constitutes a misdemeanor in this state, regardless of the 5,675
jurisdiction in which the act was committed; 5,676
(15) Violation of the conditions of limitation placed by 5,678
the board upon a certificate to practice; 5,679
(16) Failure to pay license renewal fees specified in this 5,681
chapter; 5,682
(17) Except as authorized in section 4731.31 of the 5,684
Revised Code, engaging in the division of fees for referral of 5,686
patients, or the receiving of a thing of value in return for a 5,687
specific referral of a patient to utilize a particular service or 5,688
business;
(18) Subject to section 4731.226 of the Revised Code, 5,690
violation of any provision of a code of ethics of the American 5,692
medical association, the American osteopathic association, the 5,693
American podiatric medical association, or any other national 5,694
professional organizations that the board specifies by rule. The 5,696
state medical board shall obtain and keep on file current copies 5,697
of the codes of ethics of the various national professional 5,698
organizations. The individual whose certificate is being 5,699
suspended or revoked shall not be found to have violated any 5,701
provision of a code of ethics of an organization not appropriate 5,702
to the individual's profession. 5,703
130
For purposes of this division, a "provision of a code of 5,706
ethics of a national professional organization" does not include 5,707
any provision that would preclude the making of a report by a 5,708
physician of an employee's use of a drug of abuse, or of a 5,709
condition of an employee other than one involving the use of a 5,710
drug of abuse, to the employer of the employee as described in
division (B) of section 2305.33 of the Revised Code. Nothing in 5,712
this division affects the immunity from civil liability conferred 5,713
by that section upon a physician who makes either type of report 5,714
in accordance with division (B) of that section. As used in this 5,715
division, "employee," "employer," and "physician" have the same 5,716
meanings as in section 2305.33 of the Revised Code. 5,717
(19) Inability to practice according to acceptable and 5,719
prevailing standards of care by reason of mental illness or 5,720
physical illness, including, but not limited to, physical 5,721
deterioration that adversely affects cognitive, motor, or 5,722
perceptive skills. 5,723
In enforcing this division, the board, upon a showing of a 5,726
possible violation, may compel any individual authorized to 5,727
practice by this chapter or who has submitted an application 5,729
pursuant to this chapter to submit to a mental examination, 5,731
physical examination, including an HIV test, or both a mental and 5,733
a physical examination. The expense of the examination is the 5,735
responsibility of the individual compelled to be examined. 5,736
Failure to submit to a mental or physical examination or consent 5,737
to an HIV test ordered by the board constitutes an admission of 5,738
the allegations against the individual unless the failure is due 5,740
to circumstances beyond the individual's control, and a default 5,741
and final order may be entered without the taking of testimony or 5,742
presentation of evidence. If the board finds an individual 5,743
unable to practice because of the reasons set forth in this 5,745
division, the board shall require the individual to submit to 5,746
care, counseling, or treatment by physicians approved or 5,747
designated by the board, as a condition for initial, continued, 5,748
131
reinstated, or renewed authority to practice. An individual 5,750
affected under this division shall be afforded an opportunity to 5,752
demonstrate to the board the ability to resume practice in 5,753
compliance with acceptable and prevailing standards under the 5,754
provisions of the individual's certificate. For the purpose of 5,756
this division, any individual who applies for or receives a 5,757
certificate to practice under this chapter accepts the privilege 5,758
of practicing in this state and, by so doing, shall be deemed to 5,761
have given consent to submit to a mental or physical examination 5,762
when directed to do so in writing by the board, and to have 5,763
waived all objections to the admissibility of testimony or 5,764
examination reports that constitute a privileged communication. 5,765
(20) Except when civil penalties are imposed under section 5,767
4731.225 or 4731.281 of the Revised Code, and subject to section 5,768
4731.226 of the Revised Code, violating or attempting to violate, 5,770
directly or indirectly, or assisting in or abetting the violation 5,771
of, or conspiring to violate, any provisions of this chapter or 5,772
any rule promulgated by the board.
This division does not apply to a violation or attempted 5,774
violation of, assisting in or abetting the violation of, or a 5,775
conspiracy to violate, any provision of this chapter or any rule 5,776
adopted by the board that would preclude the making of a report 5,779
by a physician of an employee's use of a drug of abuse, or of a 5,780
condition of an employee other than one involving the use of a 5,781
drug of abuse, to the employer of the employee as described in
division (B) of section 2305.33 of the Revised Code. Nothing in 5,783
this division affects the immunity from civil liability conferred 5,784
by that section upon a physician who makes either type of report 5,785
in accordance with division (B) of that section. As used in this 5,786
division, "employee," "employer," and "physician" have the same 5,787
meanings as in section 2305.33 of the Revised Code. 5,788
(21) The violation of any abortion rule adopted by the 5,790
public health council pursuant to section 3701.341 of the Revised 5,791
Code; 5,792
132
(22) Any of the following actions taken by the state 5,794
agency responsible for regulating the practice of medicine and 5,795
surgery, osteopathic medicine and surgery, podiatry, or the 5,796
limited branches of medicine in another state, for any reason 5,797
other than the nonpayment of fees: the limitation, revocation, 5,798
or suspension of an individual's license to practice; acceptance 5,799
of an individual's license surrender; denial of a license; 5,800
refusal to renew or reinstate a license; imposition of probation; 5,802
or issuance of an order of censure or other reprimand; 5,803
(23) The violation of section 2919.12 of the Revised Code 5,805
or the performance or inducement of an abortion upon a pregnant 5,806
woman with actual knowledge that the conditions specified in 5,807
division (B) of section 2317.56 of the Revised Code have not been 5,808
satisfied or with a heedless indifference as to whether those 5,809
conditions have been satisfied, unless an affirmative defense as 5,810
specified in division (H)(2) of that section would apply in a 5,811
civil action authorized by division (H)(1) of that section; 5,812
(24) The revocation, suspension, restriction, reduction, 5,814
or termination of clinical privileges by the United States 5,816
department of defense or department of veterans affairs or the 5,818
termination or suspension of a certificate of registration to 5,819
prescribe drugs by the drug enforcement administration of the 5,820
United States department of justice; 5,821
(25) Termination or suspension from participation in the 5,823
medicare or medicaid programs by the department of health and 5,825
human services or other responsible agency for any act or acts 5,826
that also would constitute a violation of division (B)(2), (3), 5,827
(6), (8), or (19) of this section; 5,828
(26) Impairment of ability to practice according to 5,830
acceptable and prevailing standards of care because of habitual 5,831
or excessive use or abuse of drugs, alcohol, or other substances 5,832
that impair ability to practice. 5,833
For the purposes of this division, any individual 5,835
authorized to practice by this chapter accepts the privilege of 5,837
133
practicing in this state subject to supervision by the board. By 5,838
filing an application for or holding a certificate to practice 5,841
under this chapter, an individual shall be deemed to have given 5,843
consent to submit to a mental or physical examination when 5,844
ordered to do so by the board in writing, and to have waived all 5,845
objections to the admissibility of testimony or examination 5,846
reports that constitute privileged communications. 5,847
If it has reason to believe that any individual authorized 5,849
to practice by this chapter or any applicant for certification to 5,851
practice suffers such impairment, the board may compel the 5,852
individual to submit to a mental or physical examination, or 5,853
both. The expense of the examination is the responsibility of 5,855
the individual compelled to be examined. Any mental or physical 5,857
examination required under this division shall be undertaken by a 5,858
treatment provider or physician who is qualified to conduct the 5,859
examination and who is chosen by the board. 5,860
Failure to submit to a mental or physical examination 5,863
ordered by the board constitutes an admission of the allegations 5,864
against the individual unless the failure is due to circumstances 5,865
beyond the individual's control, and a default and final order 5,866
may be entered without the taking of testimony or presentation of 5,867
evidence. If the board determines that the individual's ability 5,868
to practice is impaired, the board shall suspend the individual's 5,869
certificate or deny the individual's application and shall 5,870
require the individual, as a condition for initial, continued, 5,871
reinstated, or renewed certification to practice, to submit to 5,873
treatment.
Before being eligible to apply for reinstatement of a 5,875
certificate suspended under this division, the impaired 5,877
practitioner shall demonstrate to the board the ability to resume 5,879
practice in compliance with acceptable and prevailing standards 5,880
of care under the provisions of the practitioner's certificate. 5,881
The demonstration shall include, but shall not be limited to, the 5,883
following:
134
(a) Certification from a treatment provider approved under 5,885
section 4731.25 of the Revised Code that the individual has 5,887
successfully completed any required inpatient treatment; 5,888
(b) Evidence of continuing full compliance with an 5,890
aftercare contract or consent agreement; 5,891
(c) Two written reports indicating that the individual's 5,893
ability to practice has been assessed and that the individual has 5,894
been found capable of practicing according to acceptable and 5,895
prevailing standards of care. The reports shall be made by 5,896
individuals or providers approved by the board for making the 5,897
assessments and shall describe the basis for their determination. 5,898
The board may reinstate a certificate suspended under this 5,901
division after that demonstration and after the individual has 5,902
entered into a written consent agreement. 5,903
When the impaired practitioner resumes practice, the board 5,905
shall require continued monitoring of the individual. The 5,907
monitoring shall include, but not be limited to, compliance with 5,909
the written consent agreement entered into before reinstatement 5,910
or with conditions imposed by board order after a hearing, and, 5,911
upon termination of the consent agreement, submission to the 5,912
board for at least two years of annual written progress reports 5,913
made under penalty of perjury stating whether the individual has 5,914
maintained sobriety. 5,915
(27) A second or subsequent violation of section 4731.66 5,917
or 4731.69 of the Revised Code; 5,918
(28) Except as provided in division (N) of this section: 5,920
(a) Waiving the payment of all or any part of a deductible 5,923
or copayment that a patient, pursuant to a health insurance or 5,924
health care policy, contract, or plan that covers the 5,925
individual's services, otherwise would be required to pay if the 5,927
waiver is used as an enticement to a patient or group of patients 5,928
to receive health care services from that individual; 5,929
(b) Advertising that the individual will waive the payment 5,932
of all or any part of a deductible or copayment that a patient, 5,933
135
pursuant to a health insurance or health care policy, contract, 5,934
or plan that covers the individual's services, otherwise would be 5,936
required to pay. 5,937
(29) Failure to use universal blood and body fluid 5,939
precautions established by rules adopted under section 4731.051 5,940
of the Revised Code; 5,941
(30) Failure of a collaborating physician to perform the 5,944
responsibilities agreed to by the physician in the protocol 5,945
established between the physician and an advanced practice nurse 5,946
in accordance with section 4723.56 of the Revised Code; 5,947
(31) Failure to provide notice to, and receive 5,949
acknowledgment of the notice from, a patient when required by 5,951
section 4731.143 of the Revised Code prior to providing 5,952
nonemergency professional services, or failure to maintain that 5,953
notice in the patient's file;
(32) Failure of a physician supervising a physician 5,955
assistant to maintain supervision in accordance with the 5,956
requirements of Chapter 4730. of the Revised Code and the rules 5,957
adopted under that chapter;
(33) Failure of a physician or podiatrist to maintain a 5,959
standard care arrangement with a clinical nurse specialist, 5,960
certified nurse-midwife, or certified nurse practitioner with 5,961
whom the physician or podiatrist is in collaboration pursuant to 5,962
section 4731.27 of the Revised Code and practice in accordance 5,963
with the arrangement;
(34) Failure to comply with the terms of a consult 5,965
agreement entered into with a pharmacist pursuant to section 5,966
4729.39 of the Revised Code; 5,967
(35) Failure to cooperate in an investigation conducted by 5,969
the board under division (F) of this section, including failure 5,971
to comply with a subpoena or order issued by the board or failure 5,972
to answer truthfully a question presented by the board at a 5,973
deposition or in written interrogatories, except that failure to 5,974
cooperate with an investigation shall not constitute grounds for 5,975
136
discipline under this section if a court of competent 5,976
jurisdiction has issued an order that either quashes a subpoena 5,977
or permits the individual to withhold the testimony or evidence 5,978
in issue.
(C) Disciplinary actions taken by the board under 5,980
divisions (A) and (B) of this section shall be taken pursuant to 5,981
an adjudication under Chapter 119. of the Revised Code, except 5,982
that in lieu of an adjudication, the board may enter into a 5,983
consent agreement with an individual to resolve an allegation of 5,984
a violation of this chapter or any rule adopted under it. A 5,985
consent agreement, when ratified by an affirmative vote of not 5,986
fewer than six members of the board, shall constitute the 5,987
findings and order of the board with respect to the matter 5,988
addressed in the agreement. If the board refuses to ratify a 5,989
consent agreement, the admissions and findings contained in the 5,990
consent agreement shall be of no force or effect. 5,991
(D) For purposes of divisions (B)(10), (12), and (14) of 5,993
this section, the commission of the act may be established by a 5,994
finding by the board, pursuant to an adjudication under Chapter 5,996
119. of the Revised Code, that the individual committed the act.
The board does not have jurisdiction under those divisions if the 5,999
trial court renders a final judgment in the individual's favor
and that judgment is based upon an adjudication on the merits. 6,002
The board has jurisdiction under those divisions if the trial 6,003
court issues an order of dismissal upon technical or procedural 6,004
grounds.
(E) The sealing of conviction records by any court shall 6,006
have no effect upon a prior board order entered under this 6,007
section or upon the board's jurisdiction to take action under 6,008
this section if, based upon a plea of guilty, a judicial finding 6,010
of guilt, or a judicial finding of eligibility for treatment in 6,011
lieu of conviction, the board issued a notice of opportunity for 6,012
a hearing prior to the court's order to seal the records. The 6,013
board shall not be required to seal, destroy, redact, or 6,014
137
otherwise modify its records to reflect the court's sealing of 6,015
conviction records. 6,016
(F)(1) The board shall investigate evidence that appears 6,018
to show that a person has violated any provision of this chapter 6,020
or any rule adopted under it. Any person may report to the board
in a signed writing any information that the person may have that 6,022
appears to show a violation of any provision of this chapter or 6,023
any rule adopted under it. In the absence of bad faith, any 6,025
person who reports information of that nature or who testifies
before the board in any adjudication conducted under Chapter 119. 6,027
of the Revised Code shall not be liable in damages in a civil 6,028
action as a result of the report or testimony. Each complaint or 6,030
allegation of a violation received by the board shall be assigned 6,031
a case number and shall be recorded by the board. 6,032
(2) Investigations of alleged violations of this chapter 6,034
or any rule adopted under it shall be supervised by the 6,036
supervising member elected by the board in accordance with 6,037
section 4731.02 of the Revised Code and by the secretary as 6,038
provided in section 4731.39 of the Revised Code. The president
may designate another member of the board to supervise the 6,040
investigation in place of the supervising member. No member of
the board who supervises the investigation of a case shall 6,042
participate in further adjudication of the case.
(3) In investigating a possible violation of this chapter 6,045
or any rule adopted under this chapter, the board may administer 6,047
oaths, order the taking of depositions, issue subpoenas, and 6,048
compel the attendance of witnesses and production of books, 6,049
accounts, papers, records, documents, and testimony, except that 6,050
a subpoena for patient record information shall not be issued 6,051
without consultation with the attorney general's office and 6,052
approval of the secretary and supervising member of the board. 6,054
Before issuance of a subpoena for patient record information, the 6,055
secretary and supervising member shall determine whether there is 6,058
probable cause to believe that the complaint filed alleges a
138
violation of this chapter or any rule adopted under it and that 6,059
the records sought are relevant to the alleged violation and 6,061
material to the investigation. The subpoena may apply only to 6,062
records that cover a reasonable period of time surrounding the 6,063
alleged violation. 6,064
On failure to comply with any subpoena issued by the board 6,067
and after reasonable notice to the person being subpoenaed, the 6,068
board may move for an order compelling the production of persons 6,069
or records pursuant to the Rules of Civil Procedure. 6,070
A subpoena issued by the board may be served by a sheriff, 6,072
the sheriff's deputy, or a board employee designated by the 6,073
board. Service of a subpoena issued by the board may be made by 6,075
delivering a copy of the subpoena to the person named therein, 6,076
reading it to the person, or leaving it at the person's usual 6,077
place of residence. When the person being served is a person 6,078
whose practice is authorized by this chapter, service of the 6,079
subpoena may be made by certified mail, restricted delivery, 6,080
return receipt requested, and the subpoena shall be deemed served 6,081
on the date delivery is made or the date the person refuses to 6,082
accept delivery.
A sheriff's deputy who serves a subpoena shall receive the 6,084
same fees as a sheriff. Each witness who appears before the 6,086
board in obedience to a subpoena shall receive the fees and 6,088
mileage provided for witnesses in civil cases in the courts of 6,089
common pleas.
(4) All hearings and investigations of the board shall be 6,091
considered civil actions for the purposes of section 2305.251 of 6,092
the Revised Code. 6,093
(5) Information received by the board pursuant to an 6,095
investigation is confidential and not subject to discovery in any 6,096
civil action. 6,097
The board shall conduct all investigations and proceedings 6,099
in a manner that protects the confidentiality of patients and 6,101
persons who file complaints with the board. The board shall not 6,103
139
make public the names or any other identifying information about 6,104
patients or complainants unless proper consent is given or, in 6,105
the case of a patient, a waiver of the patient privilege exists 6,106
under division (B) of section 2317.02 of the Revised Code, except 6,107
that consent or a waiver of that nature is not required if the 6,108
board possesses reliable and substantial evidence that no bona 6,110
fide physician-patient relationship exists. 6,111
The board may share any information it receives pursuant to 6,114
an investigation, including patient records and patient record 6,115
information, with other licensing boards and governmental 6,116
agencies that are investigating alleged professional misconduct 6,117
and with law enforcement agencies and other governmental agencies 6,119
that are investigating or prosecuting alleged criminal offenses.
A board or agency that receives the information shall comply with 6,120
the same requirements regarding confidentiality as those with 6,121
which the state medical board must comply, notwithstanding any 6,122
conflicting provision of the Revised Code or procedure of the 6,124
board or agency that applies when the board or agency is dealing
with other information in its possession. The information may be 6,126
admitted into evidence in a criminal trial in accordance with the 6,127
Rules of Evidence, but the court shall require that appropriate 6,128
measures are taken to ensure that confidentiality is maintained 6,129
with respect to any part of the information that contains names 6,130
or other identifying information about patients or complainants
whose confidentiality was protected by the state medical board 6,131
when the information was in the board's possession. Measures to 6,132
ensure confidentiality that may be taken by the court include 6,133
sealing its records or deleting specific information from its 6,135
records.
(6) On a quarterly basis, the board shall prepare a report 6,137
that documents the disposition of all cases during the preceding 6,138
three months. The report shall contain the following information 6,139
for each case with which the board has completed its activities: 6,140
(a) The case number assigned to the complaint or alleged 6,142
140
violation; 6,143
(b) The type of certificate to practice, if any, held by 6,146
the individual against whom the complaint is directed; 6,147
(c) A description of the allegations contained in the 6,149
complaint; 6,150
(d) The disposition of the case. 6,152
The report shall state how many cases are still pending and 6,155
shall be prepared in a manner that protects the identity of each 6,157
person involved in each case. The report shall be a public 6,158
record under section 149.43 of the Revised Code.
(G) If the secretary and supervising member determine that 6,160
there is clear and convincing evidence that an individual has 6,162
violated division (B) of this section and that the individual's 6,163
continued practice presents a danger of immediate and serious 6,165
harm to the public, they may recommend that the board suspend the 6,166
individual's certificate to practice without a prior hearing. 6,168
Written allegations shall be prepared for consideration by the
board. 6,169
The board, upon review of those allegations and by an 6,171
affirmative vote of not fewer than six of its members, excluding 6,173
the secretary and supervising member, may suspend a certificate 6,174
without a prior hearing. A telephone conference call may be 6,175
utilized for reviewing the allegations and taking the vote on the 6,176
summary suspension. 6,177
The board shall issue a written order of suspension by 6,179
certified mail or in person in accordance with section 119.07 of 6,180
the Revised Code. The order shall not be subject to suspension 6,182
by the court during pendency of any appeal filed under section 6,183
119.12 of the Revised Code. If the individual subject to the 6,185
summary suspension requests an adjudicatory hearing by the board, 6,186
the date set for the hearing shall be within fifteen days, but 6,187
not earlier than seven days, after the individual requests the 6,189
hearing, unless otherwise agreed to by both the board and the 6,190
individual.
141
Any summary suspension imposed under this division shall 6,192
remain in effect, unless reversed on appeal, until a final 6,193
adjudicative order issued by the board pursuant to this section 6,194
and Chapter 119. of the Revised Code becomes effective. The 6,195
board shall issue its final adjudicative order within sixty days 6,196
after completion of its hearing. A failure to issue the order 6,197
within sixty days shall result in dissolution of the summary 6,198
suspension order but shall not invalidate any subsequent, final 6,199
adjudicative order. 6,200
(H) If the board takes action under division (B)(9), (11), 6,203
or (13) of this section and the judicial finding of guilt, guilty 6,204
plea, or judicial finding of eligibility for treatment in lieu of 6,205
conviction is overturned on appeal, upon exhaustion of the 6,207
criminal appeal, a petition for reconsideration of the order may 6,208
be filed with the board along with appropriate court documents. 6,209
Upon receipt of a petition of that nature and supporting court 6,210
documents, the board shall reinstate the individual's certificate 6,211
to practice. The board may then hold an adjudication under 6,212
Chapter 119. of the Revised Code to determine whether the 6,213
individual committed the act in question. Notice of an 6,215
opportunity for a hearing shall be given in accordance with 6,216
Chapter 119. of the Revised Code. If the board finds, pursuant 6,217
to an adjudication held under this division, that the individual 6,218
committed the act or if no hearing is requested, the board may 6,220
order any of the sanctions identified under division (B) of this 6,221
section.
(I) The certificate to practice issued to an individual 6,223
under this chapter and the individual's practice in this state 6,225
are automatically suspended as of the date the individual pleads
guilty to, is found by a judge or jury to be guilty of, or is 6,227
subject to a judicial finding of eligibility for intervention in 6,228
lieu of conviction in this state or treatment or intervention in 6,229
lieu of conviction in another state for any of the following 6,231
criminal offenses in this state or a substantially equivalent 6,233
142
criminal offense in another jurisdiction: aggravated murder, 6,234
murder, voluntary manslaughter, felonious assault, kidnapping, 6,235
rape, sexual battery, gross sexual imposition, aggravated arson, 6,236
aggravated robbery, or aggravated burglary. Continued practice 6,238
after suspension shall be considered practicing without a 6,239
certificate.
The board shall notify the individual subject to the 6,242
suspension by certified mail or in person in accordance with 6,243
section 119.07 of the Revised Code. If an individual whose 6,244
certificate is suspended under this division fails to make a 6,245
timely request for an adjudication under Chapter 119. of the 6,246
Revised Code, the board shall enter a final order permanently 6,247
revoking the individual's certificate to practice. 6,248
(J) If the board is required by Chapter 119. of the 6,251
Revised Code to give notice of an opportunity for a hearing and 6,252
if the individual subject to the notice does not timely request a 6,253
hearing in accordance with section 119.07 of the Revised Code, 6,255
the board is not required to hold a hearing, but may adopt, by an 6,256
affirmative vote of not fewer than six of its members, a final 6,258
order that contains the board's findings. In that final order, 6,259
the board may order any of the sanctions identified under 6,260
division (A) or (B) of this section. 6,261
(K) Any action taken by the board under division (B) of 6,263
this section resulting in a suspension from practice shall be 6,264
accompanied by a written statement of the conditions under which 6,265
the individual's certificate to practice may be reinstated. The 6,267
board shall adopt rules governing conditions to be imposed for 6,268
reinstatement. Reinstatement of a certificate suspended pursuant 6,269
to division (B) of this section requires an affirmative vote of 6,270
not fewer than six members of the board. 6,271
(L) When the board refuses to grant a certificate to an 6,274
applicant, revokes an individual's certificate to practice, 6,276
refuses to register an applicant, or refuses to reinstate an 6,277
individual's certificate to practice, the board may specify that 6,278
143
its action is permanent. An individual subject to a permanent 6,279
action taken by the board is forever thereafter ineligible to 6,280
hold a certificate to practice and the board shall not accept an 6,281
application for reinstatement of the certificate or for issuance 6,282
of a new certificate.
(M) Notwithstanding any other provision of the Revised 6,284
Code, all of the following apply: 6,285
(1) The surrender of a certificate issued under this 6,287
chapter shall not be effective unless or until accepted by the 6,289
board. Reinstatement of a certificate surrendered to the board 6,290
requires an affirmative vote of not fewer than six members of the 6,291
board.
(2) An application for a certificate made under the 6,294
provisions of this chapter may not be withdrawn without approval 6,296
of the board.
(3) Failure by an individual to renew a certificate of 6,299
registration in accordance with this chapter shall not remove or
limit the board's jurisdiction to take any disciplinary action 6,301
under this section against the individual. 6,302
(N) Sanctions shall not be imposed under division (B)(28) 6,305
of this section against any person who waives deductibles and 6,306
copayments as follows:
(1) In compliance with the health benefit plan that 6,308
expressly allows such a practice. Waiver of the deductibles or 6,309
copayments shall be made only with the full knowledge and consent 6,310
of the plan purchaser, payer, and third-party administrator. 6,311
Documentation of the consent shall be made available to the board 6,312
upon request.
(2) For professional services rendered to any other person 6,314
authorized to practice pursuant to this chapter, to the extent 6,316
allowed by this chapter and rules adopted by the board. 6,317
(O) Under the board's investigative duties described in 6,319
this section and subject to division (F) of this section, the 6,321
board shall develop and implement a quality intervention program 6,323
144
designed to improve through remedial education the clinical and 6,325
communication skills of individuals authorized under this chapter 6,326
to practice medicine and surgery, osteopathic medicine and
surgery, and podiatry. In developing and implementing the 6,328
quality intervention program, the board may do all of the 6,329
following:
(1) Offer in appropriate cases as determined by the board 6,331
an educational and assessment program pursuant to an 6,332
investigation the board conducts under this section; 6,333
(2) Select providers of educational and assessment 6,335
services, including a quality intervention program panel of case 6,336
reviewers;
(3) Make referrals to educational and assessment service 6,339
providers and approve individual educational programs recommended 6,340
by those providers. The board shall monitor the progress of each 6,341
individual undertaking a recommended individual educational 6,342
program. 6,343
(4) Determine what constitutes successful completion of an 6,345
individual educational program and require further monitoring of 6,346
the individual who completed the program or other action that the 6,348
board determines to be appropriate;
(5) Adopt rules in accordance with Chapter 119. of the 6,350
Revised Code to further implement the quality intervention 6,352
program.
An individual who participates in an individual educational 6,355
program pursuant to this division shall pay the financial 6,356
obligations arising from that educational program. 6,357
Sec. 5101.14. (A) Within available funds, the department 6,366
of job and family services shall make payments to the counties 6,367
within thirty days after the beginning of each calendar quarter 6,368
for a part of their costs for services to children performed 6,369
pursuant to Chapter 5153. of the Revised Code. 6,370
Funds provided to the county under this section shall be 6,372
deposited into the children services fund created pursuant to 6,374
145
section 5101.144 of the Revised Code.
(B)(1) The funds distributed under this section shall be 6,376
used for the following: 6,377
(a) Home-based services to children and families; 6,379
(b) Protective services to children; 6,381
(c) To find, develop, and approve adoptive homes; 6,383
(d) Short-term, out-of-home care and treatment for 6,385
children;
(e) Costs for the care of a child who resides with a 6,388
caretaker relative, other than the child's parent, and is in the 6,389
legal custody of a public children services agency pursuant to a 6,390
voluntary temporary custody agreement entered into under division 6,391
(A) of section 5103.15 of the Revised Code or in the legal 6,393
custody of a public children services agency or the caretaker 6,394
relative pursuant to an allegation or adjudication of abuse, 6,395
neglect, or dependency made under Chapter 2151. of the Revised 6,397
Code; 6,398
(f) Other services a public children services agency 6,401
considers necessary to protect children from abuse, neglect, or 6,402
dependency.
(2) No funds distributed under this section shall be used 6,405
for the costs of maintaining a child in a children's home owned 6,406
and operated by the county. 6,407
(C) In each fiscal year, the amount of funds available for 6,409
distribution under this section shall be allocated to counties as 6,411
follows:
(1) If the amount is less than the amount initially 6,413
appropriated for the immediately preceding fiscal year, each 6,414
county shall receive an amount equal to the percentage of the 6,415
funding it received in the immediately preceding fiscal year, 6,416
exclusive of any releases from or additions to the allocation or 6,417
any sanctions imposed under this section; 6,418
(2) If the amount is equal to the amount initially 6,420
appropriated for the immediately preceding fiscal year, each 6,421
146
county shall receive an amount equal to the amount it received in 6,423
the preceding fiscal year, exclusive of any releases from or
additions to the allocation or any sanctions imposed under this 6,424
section; 6,425
(3) If the amount is greater than the amount initially 6,427
appropriated for the immediately preceding fiscal year, each 6,428
county shall receive the amount determined under division (C)(2) 6,430
of this section as a base allocation, plus a percentage of the 6,431
amount that exceeds the amount initially appropriated for the 6,432
immediately preceding fiscal year. The amount exceeding the 6,433
amount initially appropriated in the immediately preceding fiscal 6,434
year shall be allocated to the counties as follows: 6,435
(a) Twelve per cent divided equally among all counties; 6,437
(b) Forty-eight per cent in the ratio that the number of 6,439
residents of the county under the age of eighteen bears to the 6,441
total number of such persons residing in this state; 6,442
(c) Forty per cent in the ratio that the number of 6,444
residents of the county with incomes under the federal poverty 6,445
guideline bears to the total number of such persons in this 6,447
state.
As used in division (C)(3)(c) of this section, "federal 6,450
poverty guideline" means the poverty guideline as defined by the 6,452
United States office of management and budget and revised by the 6,453
United States secretary of health and human services in 6,454
accordance with section 673 of the "Community Services Block 6,455
Grant Act," 95 Stat. 511 (1981), 42 U.S.C.A. 9902, as amended. 6,456
(D) The director of job and family services may adopt 6,459
rules as necessary for the allocation of funds under this 6,460
section. The rules shall be adopted in accordance with section 6,461
111.15 of the Revised Code. 6,462
(E)(1) As used in this division, "services to children" 6,464
includes only children's protective services, home-based services 6,465
to children and families, family foster home services, 6,466
residential treatment services, adoptive services, and 6,467
147
independent living services. 6,468
(2) Except as otherwise provided in this section, the 6,470
allocation of funds for a fiscal year to a county under this 6,471
section shall be reduced by the department if in the preceding 6,472
calendar year the total amount expended for services to children 6,473
from local funds and funds distributed to the county under 6,474
section 5101.46 of the Revised Code was less than the total 6,475
expended from those sources in the second preceding calendar 6,476
year. The reduction shall be equal to the difference between the 6,477
total expended in the preceding calendar year and the total 6,478
expended in the second preceding calendar year. 6,479
The determination of whether the amount expended for 6,481
services to children was less in the preceding calendar year than 6,482
in the second preceding calendar year shall not include a 6,483
difference due to any of the following factors to the extent that 6,484
the difference does not exceed the amount attributable to that 6,485
factor: 6,486
(a) An across-the-board reduction in the county budget as 6,488
a whole; 6,489
(b) A reduced or failed levy specifically earmarked for 6,491
children services; 6,492
(c) A reduced allocation of funds to the county under 6,494
section 5101.24 of the Revised Code; 6,495
(d) The closure of, or a reduction in the operating 6,497
capacity of, a children's home owned and operated by the county. 6,498
(3) Funds withheld under this division may be reallocated 6,500
by the department to other counties. The department may grant 6,501
whole or partial waivers of the provisions of this division. 6,502
(F) Children who are in the temporary or permanent custody 6,504
of a certified public or private nonprofit agency or institution, 6,505
or who are in adoptions subsidized under division (B) of section 6,506
5153.163 of the Revised Code are eligible for medical assistance 6,507
through the medical assistance program established under section 6,508
5111.01 of the Revised Code. 6,509
148
(G) Within ninety days after the end of each fiscal year, 6,511
each county shall return any unspent funds to the department. 6,512
(H) The department shall prepare an annual report 6,514
detailing on a county-by-county basis the services provided with 6,515
funds distributed under this section. The report shall be 6,516
submitted to the general assembly by the thirtieth day of 6,517
September each year and also shall be made available to the 6,518
public. 6,519
(I) In accordance with Chapter 119. of the Revised Code, 6,521
the director shall adopt, and may amend and rescind, rules 6,522
prescribing reports on expenditures to be submitted by the 6,523
counties as necessary for the implementation of this section. 6,524
Sec. 5101.141. (A) The department of job and family 6,533
services shall act as the single state agency to administer 6,534
federal payments for foster care and adoption assistance made 6,535
pursuant to Title IV-E of the "Social Security Act," 94 Stat. 6,536
501, 42 U.S.C.A. 670 (1980), as amended. The director of job and 6,538
family services shall adopt rules to implement this authority.
Internal management rules governing financial and administrative 6,540
requirements applicable to public children services agencies, 6,541
PRIVATE CHILD PLACING AGENCIES, AND PRIVATE NONCUSTODIAL AGENCIES 6,542
shall be adopted in accordance with section 111.15 of the Revised 6,543
Code. Rules establishing eligibility, program participation, and 6,545
other requirements shall be adopted in accordance with Chapter 6,546
119. of the Revised Code. A public children services agency to 6,547
which the department distributes Title IV-E funds shall 6,548
administer the funds in accordance with those rules. 6,550
(B)(1) The county, on behalf of each child eligible for 6,553
foster care maintenance payments under Title IV-E of the "Social 6,554
Security Act," shall make payments to cover the cost of providing 6,555
all of the following:
(a) The child's food, clothing, shelter, daily 6,557
supervision, and school supplies; 6,558
(b) The child's personal incidentals; 6,560
149
(c) Reasonable travel to the child's home for visitation. 6,562
(2) In addition to payments made under division (B)(1) of 6,564
this section, the county may, on behalf of each child eligible 6,565
for foster care maintenance payments under Title IV-E of the 6,569
"Social Security Act," make payments to cover the cost of 6,572
providing the following:
(a) Liability insurance with respect to the child; 6,575
(b) If the county is participating in the demonstration 6,578
project established under division (A) of section 5101.142 of the 6,579
Revised Code, services provided under the project. 6,580
(3) With respect to a child who is in a child-care 6,582
institution, including any type of group home designed for the 6,583
care of children or any privately operated program consisting of 6,584
two or more family CERTIFIED foster homes operated by a common 6,585
administrative unit, the foster care maintenance payments made by 6,586
the county on behalf of the child shall include the reasonable 6,587
cost of the administration and operation of the institution, 6,588
group home, or program, as necessary to provide the items 6,589
described in division DIVISIONS (B)(1) and (2) of this section. 6,590
(C) To the extent that either foster care maintenance 6,592
payments under division (B) of this section or Title IV-E 6,593
adoption assistance payments for maintenance costs require the 6,594
expenditure of county funds, the board of county commissioners 6,595
shall report the nature and amount of each expenditure of county 6,596
funds to the department. 6,597
(D) The department shall distribute to public children 6,600
services agencies that incur and report such expenditures federal 6,601
financial participation received for administrative and training 6,602
costs incurred in the operation of foster care maintenance and 6,603
adoption assistance programs. The department may withhold not 6,604
more than two per cent of the federal financial participation 6,605
received. The funds withheld shall be in addition to any 6,606
administration and training cost for which the department is 6,607
reimbursed through its own cost allocation plan. 6,608
150
(E) All federal funds received by a county pursuant to 6,610
this section shall be deposited into the county's children 6,611
services fund created pursuant to section 5101.144 of the Revised 6,613
Code.
(F) The department shall periodically publish and 6,616
distribute the maximum amounts that the department will reimburse 6,617
public children services agencies for making payments on behalf 6,618
of children eligible for foster care maintenance payments.
(G) The department, by and through its director, is hereby 6,620
authorized to develop, participate in the development of, 6,621
negotiate, and enter into one or more interstate compacts on 6,622
behalf of this state with agencies of any other states, for the 6,623
provision of medical assistance and other social services to 6,624
children in relation to whom all of the following apply:
(1) They have special needs. 6,626
(2) This state or another state that is a party to the 6,628
interstate compact is providing adoption assistance on their 6,629
behalf.
(3) They move into this state from another state or move 6,631
out of this state to another state. 6,632
Sec. 5101.143. (A) As used in this section, "private 6,641
agency" means a private child placing agency or private 6,644
noncustodial agency.
(B) A government entity or private agency may submit to 6,647
the department of job and family services a request that the 6,648
department determine what portion of an amount the government 6,649
entity or private agency charges for foster care maintenance for 6,650
a child eligible for foster care maintenance payments under Title 6,652
IV-E of the "Social Security Act," 94 Stat. 510, 42 U.S.C.A. 670
(1980), as amended, qualifies for reimbursement under Title IV-E. 6,654
(C) As used in this division and division (D) of this 6,658
section, "government entity" means any government entity other 6,659
than a public children services agency.
Subject to initial and continued approval by the United 6,661
151
States department of health and human services, the department of 6,663
job and family services shall levy a special assessment on each 6,665
private agency or government entity seeking a rate determination 6,666
under division (B) of this section. The amount of the special 6,667
assessment shall be the greater of three hundred dollars or 6,669
fifteen cents times the number of days the private agency or 6,670
government entity provided or arranged foster care in the 6,671
preceding calendar year to or for each child the agency or entity 6,672
provided or arranged foster care. The department shall not 6,673
perform a rate determination under division (B) of this section 6,675
for a private agency or government entity that fails to pay the 6,676
special assessment.
The department shall deposit all amounts collected under 6,678
this division into the child welfare training fund, which is 6,680
hereby created in the state treasury. The department shall use 6,682
money in the fund only to secure federal matching funds under 6,683
Title IV-E to help defray costs private agencies and government 6,686
entities incur in training staff and foster care parents 6,687
CAREGIVERS and that the department determines are allowable and 6,688
reasonable costs and to make payments to private and government 6,689
entities to assist with those costs. 6,690
The department shall determine the amount of payments it 6,692
will make to private agencies and government entities under this 6,693
division. The department may require a private agency or 6,695
government entity that receives a payment under this division to 6,697
pay or help pay the cost of an adverse audit finding that the 6,698
agency or entity causes or to which the agency or entity 6,699
contributes. The department may require all private agencies and 6,701
government entities that receive a payment under this division to 6,702
share in the cost of an adverse audit finding that a private 6,704
agency or government entity no longer in existence caused or 6,705
contributed to.
(D) The director of job and family services shall adopt 6,708
rules in accordance with Chapter 119. of the Revised Code to 6,710
152
implement this section. The rules shall include all of the
following: 6,711
(1) Procedures for a private agency or government entity 6,713
to pay the special assessment required by division (C) of this 6,715
section and to request a payment from the department to help 6,716
defray the cost of training staff and foster parents CAREGIVERS; 6,717
(2) Criteria for the department to determine whether 6,719
training costs are allowable and reasonable; 6,720
(3) Any other requirements the department determines to be 6,723
necessary to implement this section.
Sec. 5101.145. (A) FOR THE PURPOSES OF THIS SECTION, 6,726
"TITLE IV-E" MEANS TITLE IV-E OF THE "SOCIAL SECURITY ACT," 94 6,731
STAT. 501, 42 U.S.C.A. 670 (1980). 6,732
(B) IN ADOPTING RULES UNDER SECTION 5101.141 OF THE 6,735
REVISED CODE REGARDING FINANCIAL REQUIREMENTS APPLICABLE TO 6,736
PUBLIC CHILDREN SERVICES AGENCIES, PRIVATE CHILD PLACING 6,737
AGENCIES, AND PRIVATE NONCUSTODIAL AGENCIES, THE DEPARTMENT OF 6,738
JOB AND FAMILY SERVICES SHALL ESTABLISH BOTH OF THE FOLLOWING: 6,739
(1) A SINGLE FORM FOR THE AGENCIES TO REPORT COSTS 6,742
REIMBURSABLE UNDER TITLE IV-E AND COSTS REIMBURSABLE UNDER 6,744
MEDICAID;
(2) PROCEDURES TO MONITOR COST REPORTS SUBMITTED BY THE 6,747
AGENCIES.
Sec. 5101.146. THE DEPARTMENT OF JOB AND FAMILY SERVICES 6,749
SHALL ESTABLISH THE FOLLOWING PENALTIES, WHICH SHALL BE ENFORCED 6,750
AT THE DISCRETION OF THE DEPARTMENT, FOR THE FAILURE OF A PUBLIC 6,751
CHILDREN SERVICES AGENCY, PRIVATE CHILD PLACING AGENCY, OR 6,752
PRIVATE NONCUSTODIAL AGENCY TO COMPLY WITH PROCEDURES THE 6,753
DEPARTMENT ESTABLISHES TO ENSURE FISCAL ACCOUNTABILITY: 6,754
(A) FOR INITIAL FAILURE, THE DEPARTMENT AND THE AGENCY 6,756
INVOLVED SHALL JOINTLY DEVELOP AND IMPLEMENT A CORRECTIVE ACTION 6,758
PLAN ACCORDING TO A SPECIFIC SCHEDULE. IF REQUESTED BY THE 6,759
AGENCY INVOLVED, THE DEPARTMENT SHALL PROVIDE TECHNICAL
ASSISTANCE TO THE AGENCY TO ENSURE THE FISCAL ACCOUNTABILITY 6,760
153
PROCEDURES AND GOALS OF THE PLAN ARE MET. 6,761
(B) FOR SUBSEQUENT FAILURES OR FAILURE TO ACHIEVE THE 6,763
GOALS OF THE PLAN DESCRIBED IN DIVISION (A) OF THIS SECTION, 6,764
EITHER OF THE FOLLOWING: 6,765
(1) FOR PUBLIC CHILDREN SERVICES AGENCIES, THE DEPARTMENT 6,768
MAY TAKE ANY ACTION PERMITTED UNDER DIVISION (B)(3), (4), OR (5) 6,769
OF SECTION 5101.24 OF THE REVISED CODE.
(2) FOR PRIVATE CHILD PLACING AGENCIES OR PRIVATE 6,771
NONCUSTODIAL AGENCIES, CANCELLATION OF ANY TITLE IV-E 6,773
ALLOWABILITY RATES FOR THE AGENCY INVOLVED PURSUANT TO SECTION 6,775
5101.141 OF THE REVISED CODE OR REVOCATION PURSUANT TO CHAPTER 6,777
119. OF THE REVISED CODE OF THAT AGENCY'S CERTIFICATE ISSUED 6,779
UNDER SECTION 5103.03 OF THE REVISED CODE. 6,780
Sec. 5101.147. IF A PUBLIC CHILDREN SERVICES AGENCY FAILS 6,783
TO COMPLY WITH THE FISCAL ACCOUNTABILITY PROCEDURES ESTABLISHED 6,784
BY THE DEPARTMENT OF JOB AND FAMILY SERVICES, THE DEPARTMENT 6,785
SHALL NOTIFY THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY
SERVED BY THE AGENCY. IF A PRIVATE CHILD PLACING AGENCY OR 6,786
PRIVATE NONCUSTODIAL AGENCY FAILS TO COMPLY WITH THE FISCAL 6,787
ACCOUNTABILITY PROCEDURES, THE DEPARTMENT SHALL NOTIFY THE 6,788
EXECUTIVE DIRECTOR OF EACH PUBLIC CHILDREN SERVICES AGENCY THAT 6,789
HAS ENTERED INTO A CONTRACT FOR SERVICES WITH THE PRIVATE CHILD 6,790
PLACING AGENCY OR PRIVATE NONCUSTODIAL AGENCY. 6,791
Sec. 5101.148. IF THE DEPARTMENT OF JOB AND FAMILY 6,793
SERVICES SANCTIONS A PUBLIC CHILDREN SERVICES AGENCY, PRIVATE 6,794
CHILD PLACING AGENCY, OR PRIVATE NONCUSTODIAL AGENCY, IT SHALL 6,795
TAKE EVERY POSSIBLE PRECAUTION TO ENSURE THAT ANY FOSTER CHILDREN 6,796
THAT HAVE BEEN PLACED BY THE AGENCY UNDER SANCTION ARE NOT 6,797
UNNECESSARILY REMOVED FROM THE CERTIFIED FOSTER HOMES IN WHICH 6,798
THEY RESIDE.
Sec. 5101.149. MONEY FROM THE CHILDREN SERVICES FUND SHALL 6,800
NOT BE USED TO PROVIDE A PERSONAL LOAN TO ANY INDIVIDUAL. 6,801
Sec. 5103.02. As used in sections 5103.03 to 5103.17 of 6,810
the Revised Code: 6,811
154
(A) "Institution ASSOCIATION" or "association INSTITUTION" 6,814
includes any incorporated or unincorporated organization, 6,815
society, association, or agency, public or private, that receives 6,816
or cares for children for two or more consecutive weeks; any 6,818
individual who, for hire, gain, or reward, receives or cares for 6,819
children for two or more consecutive weeks, unless the individual
is related to them by blood or marriage; and any individual not 6,820
in the regular employ of a court, or of an institution or 6,822
association certified in accordance with section 5103.03 of the 6,823
Revised Code, who in any manner becomes a party to the placing of 6,824
children in foster homes, unless the individual is related to 6,825
such children by blood or marriage, or is the appointed guardian
of such children; provided, that any organization, society, 6,826
association, school, agency, child guidance center, detention or 6,827
rehabilitation facility, or children's clinic licensed, 6,828
regulated, approved, operated under the direction of, or 6,829
otherwise certified by the department of education, a local board 6,830
of education, the department of youth services, the department of 6,831
mental health, or the department of mental retardation and 6,832
developmental disabilities, or any individual who provides care 6,833
for only a single-family group, placed there by their parents or 6,834
other relative having custody, shall not be considered as being 6,835
within the purview of these sections. 6,836
(B) "Family foster home" has the same meaning as in 6,839
section 2151.011 of the Revised Code MEANS A FOSTER HOME THAT IS 6,840
NOT A TREATMENT FOSTER HOME. 6,841
(C) "FOSTER CAREGIVER" MEANS A PERSON HOLDING A VALID 6,843
FOSTER HOME CERTIFICATE ISSUED UNDER SECTION 5103.03 OF THE 6,844
REVISED CODE. 6,845
(D) "FOSTER HOME" MEANS A PRIVATE RESIDENCE IN WHICH 6,847
CHILDREN ARE RECEIVED APART FROM THEIR PARENTS, GUARDIAN, OR 6,848
LEGAL CUSTODIAN, BY AN INDIVIDUAL REIMBURSED FOR PROVIDING THE 6,849
CHILDREN NONSECURE CARE, SUPERVISION, OR TRAINING TWENTY-FOUR 6,850
HOURS A DAY. "FOSTER HOME" DOES NOT INCLUDE CARE PROVIDED FOR A 6,851
155
CHILD IN THE HOME OF A PERSON OTHER THAN THE CHILD'S PARENT,
GUARDIAN, OR LEGAL CUSTODIAN WHILE THE PARENT, GUARDIAN, OR LEGAL 6,852
CUSTODIAN IS TEMPORARILY AWAY. FAMILY FOSTER HOMES AND TREATMENT 6,853
FOSTER HOMES ARE TYPES OF FOSTER HOMES. 6,854
(E) "Treatment foster home" means a family foster home 6,856
that incorporates special psychological or medical treatment 6,857
designed to care for the specific needs of the children received 6,858
in the family foster home and that receives and cares for 6,860
children who are emotionally or behaviorally disturbed, medically 6,861
fragile requiring special medical treatment due to physical
ailment or condition, mentally retarded, or developmentally 6,862
disabled.
Sec. 5103.033. A family foster home may not receive more 6,872
than five children apart from their parents, guardian, or 6,873
custodian, except in order to accommodate a sibling group or the 6,874
remaining members of a sibling group.
Sec. 5103.034. ON RECEIPT OF A RECOMMENDATION FROM A 6,876
PUBLIC CHILDREN SERVICES AGENCY, PRIVATE CHILD PLACING AGENCY, OR 6,877
PRIVATE NONCUSTODIAL AGENCY REGARDING AN APPLICATION FOR, OR 6,878
RENEWAL OF, A FAMILY FOSTER HOME OR TREATMENT FOSTER HOME 6,879
CERTIFICATION UNDER SECTION 5103.03 OF THE REVISED CODE, THE 6,880
DEPARTMENT OF JOB AND FAMILY SERVICES SHALL DECIDE WHETHER TO 6,882
ISSUE OR RENEW THE CERTIFICATE. THE DEPARTMENT SHALL NOTIFY THE 6,883
AGENCY AND THE APPLICANT OR CERTIFICATE HOLDER OF ITS DECISION. 6,885
IF THE DEPARTMENT'S DECISION IS DIFFERENT FROM THE RECOMMENDATION 6,886
OF THE AGENCY, THE DEPARTMENT SHALL STATE IN THE NOTICE THE 6,887
REASON THAT THE DECISION IS DIFFERENT FROM THE RECOMMENDATION. 6,888
Sec. 5103.035. THE FIRST TIME THAT A PRIVATE CHILD PLACING 6,890
AGENCY OR PRIVATE NONCUSTODIAL AGENCY SEEKS RENEWAL OF A 6,891
CERTIFICATE ISSUED UNDER SECTION 5103.03 OF THE REVISED CODE, IT 6,892
SHALL PROVIDE THE DEPARTMENT OF JOB AND FAMILY SERVICES, AS A 6,893
CONDITION OF RENEWAL, EVIDENCE OF AN INDEPENDENT AUDIT OF ITS 6,894
FIRST YEAR OF CERTIFICATION. THEREAFTER, WHEN AN AGENCY SEEKS 6,895
RENEWAL OF ITS CERTIFICATE, IT SHALL PROVIDE THE DEPARTMENT 6,896
156
EVIDENCE OF AN INDEPENDENT AUDIT FOR THE TWO MOST RECENT PREVIOUS 6,897
YEARS IT IS POSSIBLE FOR AN INDEPENDENT AUDIT TO HAVE BEEN 6,898
CONDUCTED. FOR THE AGENCY TO BE ELIGIBLE FOR RENEWAL, THE 6,899
INDEPENDENT AUDITS MUST DEMONSTRATE THAT THE AGENCY OPERATED IN A 6,900
FISCALLY ACCOUNTABLE MANNER IN ACCORDANCE WITH STATE LAWS AND 6,901
RULES AND ANY AGREEMENT BETWEEN THE AGENCY AND A PUBLIC CHILDREN 6,902
SERVICES AGENCY.
Sec. 5103.036. A PUBLIC CHILDREN SERVICES AGENCY, PRIVATE 6,904
CHILD PLACING AGENCY, OR PRIVATE NONCUSTODIAL AGENCY TO WHICH THE 6,905
DUTY TO INSPECT AND APPROVE A FAMILY FOSTER HOME OR TREATMENT 6,906
FOSTER HOME HAS BEEN DELEGATED UNDER SECTION 5103.03 OF THE 6,907
REVISED CODE SHALL PROVIDE FOR AN ASSESSOR WHO MEETS THE 6,909
REQUIREMENTS OF SECTION 3107.012 OF THE REVISED CODE TO CONDUCT A 6,910
HOME STUDY OF THE HOME.
Sec. 5103.037. NOTWITHSTANDING DIVISION (B) OF SECTION 6,912
119.032 OF THE REVISED CODE, THE DEPARTMENT OF JOB AND FAMILY 6,913
SERVICES SHALL REVIEW ONCE EVERY TWO YEARS THE DEPARTMENT'S RULES 6,915
GOVERNING VISITS AND CONTACTS BY A PUBLIC CHILDREN SERVICES 6,916
AGENCY OR PRIVATE CHILD PLACING AGENCY WITH A CHILD IN THE 6,917
AGENCY'S CUSTODY AND PLACED IN FOSTER CARE IN THIS STATE. THE 6,918
DEPARTMENT SHALL ADOPT RULES IN ACCORDANCE WITH CHAPTER 119. OF 6,919
THE REVISED CODE TO ENSURE COMPLIANCE WITH THE DEPARTMENT'S RULES 6,921
GOVERNING AGENCY VISITS AND CONTACTS WITH A CHILD IN ITS CUSTODY. 6,922
Sec. 5103.161. As used in this section, "permanent 6,931
custody" has the same meaning as in section 2151.011 of the 6,932
Revised Code.
If a private child placing agency or public children 6,934
services agency has placed a child in a foster home or with a 6,935
relative of the child, other than a parent of the child, the 6,936
agency shall notify the child's foster parent CAREGIVER or 6,937
relative if the agency seeks permanent custody of the child, or, 6,938
if the agency already has permanent custody of the child, seeks 6,939
to place the child for adoption. The notice also shall inform 6,940
the foster parent CAREGIVER or relative that the foster parent 6,942
157
CAREGIVER or relative can be considered for adoption. If the 6,945
foster parent CAREGIVER or relative informs the agency that the 6,946
foster parent CAREGIVER or relative wants to adopt the child, the 6,947
agency shall inform the foster parent CAREGIVER or relative of 6,948
the process for obtaining an application to adopt the child and 6,951
that the child may be placed for adoption in another home even if 6,952
the foster parent CAREGIVER or relative submits the application. 6,954
If the agency is given permanent custody of the child and the 6,955
foster parent CAREGIVER or relative has informed the agency of 6,956
the foster parent's CAREGIVER'S or relative's desire to adopt the 6,957
child, the agency shall consider giving preference to an adult 6,958
relative over a nonrelative caregiver when determining an 6,959
adoptive placement for the child, provided the adult relative 6,960
satisfies all relevant child protection standards and the agency 6,961
determines that the placement is in the child's best interest. 6,964
Sec. 5111.20. As used in sections 5111.20 to 5111.32 of 6,973
the Revised Code: 6,974
(A) "Allowable costs" are those costs determined by the 6,976
department of job and family services to be reasonable and do not 6,977
include fines paid under sections 5111.35 to 5111.61 and section 6,979
5111.99 of the Revised Code. 6,980
(B) "Capital costs" means costs of ownership and 6,982
nonextensive renovation. 6,983
(1) "Cost of ownership" means the actual expense incurred 6,985
for all of the following: 6,986
(a) Depreciation and interest on any capital assets that 6,988
cost five hundred dollars or more per item, including the 6,989
following: 6,990
(i) Buildings; 6,992
(ii) Building improvements that are not approved as 6,994
nonextensive renovations under section 5111.25 or 5111.251 of the 6,995
Revised Code; 6,996
(iii) Equipment; 6,998
(iv) Extensive renovations; 7,000
158
(v) Transportation equipment. 7,002
(b) Amortization and interest on land improvements and 7,004
leasehold improvements; 7,005
(c) Amortization of financing costs; 7,007
(d) Except as provided in division (I) of this section, 7,009
lease and rent of land, building, and equipment. 7,010
The costs of capital assets of less than five hundred 7,012
dollars per item may be considered costs of ownership in 7,013
accordance with a provider's practice.
(2) "Costs of nonextensive renovation" means the actual 7,015
expense incurred for depreciation or amortization and interest on 7,016
renovations that are not extensive renovations. 7,017
(C) "Capital lease" and "operating lease" shall be 7,019
construed in accordance with generally accepted accounting 7,020
principles.
(D) "Case-mix score" means the measure determined under 7,022
section 5111.231 of the Revised Code of the relative direct-care 7,023
resources needed to provide care and habilitation to a resident 7,024
of a nursing facility or intermediate care facility for the 7,025
mentally retarded. 7,026
(E) "Date of licensure," for a facility originally 7,028
licensed as a nursing home under Chapter 3721. of the Revised 7,029
Code, means the date specific beds were originally licensed as 7,030
nursing home beds under that chapter, regardless of whether they 7,031
were subsequently licensed as residential facility beds under 7,032
section 5123.19 of the Revised Code. For a facility originally 7,033
licensed as a residential facility under section 5123.19 of the 7,034
Revised Code, "date of licensure" means the date specific beds 7,035
were originally licensed as residential facility beds under that 7,036
section.
(1) If nursing home beds licensed under Chapter 3721. of 7,038
the Revised Code or residential facility beds licensed under 7,039
section 5123.19 of the Revised Code were not required by law to 7,040
be licensed when they were originally used to provide nursing 7,041
159
home or residential facility services, "date of licensure" means 7,042
the date the beds first were used to provide nursing home or
residential facility services, regardless of the date the present 7,043
provider obtained licensure. 7,044
(2) If a facility adds nursing home beds or residential 7,046
facility beds or extensively renovates all or part of the 7,047
facility after its original date of licensure, it will have a 7,048
different date of licensure for the additional beds or 7,049
extensively renovated portion of the facility, unless the beds 7,050
are added in a space that was constructed at the same time as the 7,051
previously licensed beds but was not licensed under Chapter 3721. 7,052
or section 5123.19 of the Revised Code at that time. 7,053
(F) "Desk-reviewed" means that costs as reported on a cost 7,055
report submitted under section 5111.26 of the Revised Code have 7,056
been subjected to a desk review under division (A) of section 7,057
5111.27 of the Revised Code and preliminarily determined to be 7,058
allowable costs. 7,059
(G) "Direct care costs" means all of the following: 7,061
(1)(a) Costs for registered nurses, licensed practical 7,063
nurses, and nurse aides employed by the facility; 7,064
(b) Costs for direct care staff, administrative nursing 7,066
staff, medical directors, social services staff, activities 7,067
staff, psychologists and psychology assistants, social workers 7,068
and counselors, habilitation staff, qualified mental retardation 7,069
professionals, program directors, respiratory therapists, 7,070
habilitation supervisors, and except as provided in division 7,071
(G)(2) of this section, other persons holding degrees qualifying 7,072
them to provide therapy; 7,073
(c) Costs of purchased nursing services; 7,075
(d) Costs of quality assurance; 7,077
(e) Costs of training and staff development, employee 7,079
benefits, payroll taxes, and workers' compensation premiums or 7,080
costs for self-insurance claims and related costs as specified in 7,081
rules adopted by the director of job and family services in 7,083
160
accordance with Chapter 119. of the Revised Code, for personnel 7,085
listed in divisions (G)(1)(a), (b), and (d) of this section; 7,086
(f) Costs of consulting and management fees related to 7,088
direct care;
(g) Allocated direct care home office costs. 7,090
(2) In addition to the costs specified in division (G)(1) 7,092
of this section, for intermediate care facilities for the 7,093
mentally retarded only, direct care costs include both of the 7,094
following: 7,095
(a) Costs for physical therapists and physical therapy 7,097
assistants, occupational therapists and occupational therapy 7,098
assistants, speech therapists, and audiologists; 7,099
(b) Costs of training and staff development, employee 7,101
benefits, payroll taxes, and workers' compensation premiums or 7,102
costs for self-insurance claims and related costs as specified in 7,103
rules adopted by the director of job and family services in 7,105
accordance with Chapter 119. of the Revised Code, for personnel 7,106
listed in division (G)(2)(a) of this section. 7,107
(3) Costs of other direct-care resources that are 7,109
specified as direct care costs in rules adopted by the director 7,111
of job and family services in accordance with Chapter 119. of the 7,112
Revised Code. 7,113
(H) "Fiscal year" means the fiscal year of this state, as 7,115
specified in section 9.34 of the Revised Code. 7,116
(I) "Indirect care costs" means all reasonable costs other 7,118
than direct care costs, other protected costs, or capital costs. 7,119
"Indirect care costs" includes but is not limited to costs of 7,120
habilitation supplies, pharmacy consultants, medical and 7,121
habilitation records, program supplies, incontinence supplies, 7,122
food, enterals, dietary supplies and personnel, laundry, 7,123
housekeeping, security, administration, liability insurance, 7,124
bookkeeping, purchasing department, human resources, 7,125
communications, travel, dues, license fees, subscriptions, home 7,126
office costs not otherwise allocated, legal services, accounting 7,127
161
services, minor equipment, maintenance and repairs, help-wanted 7,129
advertising, informational advertising, start-up costs, 7,130
organizational expenses, other interest, property insurance, 7,131
employee training and staff development, employee benefits, 7,132
payroll taxes, and workers' compensation premiums or costs for 7,133
self-insurance claims and related costs as specified in rules 7,134
adopted by the director of job and family services in accordance 7,135
with Chapter 119. of the Revised Code, for personnel listed in 7,137
this division. Notwithstanding division (B)(1) of this section, 7,138
"indirect care costs" also means the cost of equipment, including 7,139
vehicles, acquired by operating lease executed before December 1, 7,140
1992, if the costs are reported as administrative and general 7,141
costs on the facility's cost report for the cost reporting period 7,142
ending December 31, 1992.
(J) "Inpatient days" means all days during which a 7,144
resident, regardless of payment source, occupies a bed in a 7,145
nursing facility or intermediate care facility for the mentally 7,146
retarded that is included in the facility's certified capacity 7,147
under Title XIX of the "Social Security Act," 49 Stat. 610 7,148
(1935), 42 U.S.C.A. 301, as amended. Therapeutic or hospital 7,149
leave days for which payment is made under section 5111.33 of the 7,150
Revised Code are considered inpatient days proportionate to the 7,151
percentage of the facility's per resident per day rate paid for 7,152
those days. 7,153
(K) "Intermediate care facility for the mentally retarded" 7,155
means an intermediate care facility for the mentally retarded 7,156
certified as in compliance with applicable standards for the 7,157
medical assistance program by the director of health in 7,158
accordance with Title XIX of the "Social Security Act." 7,159
(L) "Maintenance and repair expenses" means, except as 7,161
provided in division (X)(2) of this section, expenditures that 7,162
are necessary and proper to maintain an asset in a normally 7,163
efficient working condition and that do not extend the useful 7,164
life of the asset two years or more. "Maintenance and repair 7,165
162
expenses" includes but is not limited to the cost of ordinary 7,166
repairs such as painting and wallpapering. 7,167
(M) "Nursing facility" means a facility, or a distinct 7,169
part of a facility, that is certified as a nursing facility by 7,170
the director of health in accordance with Title XIX of the 7,171
"Social Security Act," and is not an intermediate care facility 7,172
for the mentally retarded. "Nursing facility" includes a 7,173
facility, or a distinct part of a facility, that is certified as 7,174
a nursing facility by the director of health in accordance with 7,175
Title XIX of the "Social Security Act," and is certified as a 7,176
skilled nursing facility by the director in accordance with Title 7,177
XVIII of the "Social Security Act." 7,178
(N) "Other protected costs" means costs for medical 7,180
supplies; real estate, franchise, and property taxes; natural 7,181
gas, fuel oil, water, electricity, sewage, and refuse and 7,182
hazardous medical waste collection; allocated other protected 7,183
home office costs; and any additional costs defined as other 7,185
protected costs in rules adopted by the director of job and 7,186
family services in accordance with Chapter 119. of the Revised 7,188
Code.
(O) "Owner" means any person or government entity that has 7,190
at least five per cent ownership or interest, either directly, 7,191
indirectly, or in any combination, in a nursing facility or 7,192
intermediate care facility for the mentally retarded. 7,193
(P) "Patient" includes "resident." 7,195
(Q) Except as provided in divisions (Q)(1) and (2) of this 7,197
section, "per diem" means a nursing facility's or intermediate 7,198
care facility for the mentally retarded's actual, allowable costs 7,199
in a given cost center in a cost reporting period, divided by the 7,200
facility's inpatient days for that cost reporting period. 7,201
(1) When calculating indirect care costs for the purpose 7,203
of establishing rates under section 5111.24 or 5111.241 of the 7,204
Revised Code, "per diem" means a facility's actual, allowable 7,205
indirect care costs in a cost reporting period divided by the 7,206
163
greater of the facility's inpatient days for that period or the 7,207
number of inpatient days the facility would have had during that 7,208
period if its occupancy rate had been eighty-five per cent. 7,209
(2) When calculating capital costs for the purpose of 7,211
establishing rates under section 5111.25 or 5111.251 of the 7,212
Revised Code, "per diem" means a facility's actual, allowable 7,213
capital costs in a cost reporting period divided by the greater 7,214
of the facility's inpatient days for that period or the number of 7,215
inpatient days the facility would have had during that period if 7,216
its occupancy rate had been ninety-five per cent. 7,217
(R) "Provider" means a person or government entity that 7,219
operates a nursing facility or intermediate care facility for the 7,220
mentally retarded under a provider agreement. 7,221
(S) "Provider agreement" means a contract between the 7,223
department of job and family services and a nursing facility or 7,224
intermediate care facility for the mentally retarded for the 7,225
provision of nursing facility services or intermediate care 7,226
facility services for the mentally retarded under the medical 7,227
assistance program. 7,228
(T) "Purchased nursing services" means services that are 7,230
provided in a nursing facility by registered nurses, licensed 7,231
practical nurses, or nurse aides who are not employees of the 7,232
facility. 7,233
(U) "Reasonable" means that a cost is an actual cost that 7,235
is appropriate and helpful to develop and maintain the operation 7,236
of patient care facilities and activities, including normal 7,237
standby costs, and that does not exceed what a prudent buyer pays 7,238
for a given item or services. Reasonable costs may vary from 7,239
provider to provider and from time to time for the same provider. 7,240
(V) "Related party" means an individual or organization 7,242
that, to a significant extent, has common ownership with, is 7,243
associated or affiliated with, has control of, or is controlled 7,244
by, the provider. 7,245
(1) An individual who is a relative of an owner is a 7,247
164
related party. 7,248
(2) Common ownership exists when an individual or 7,250
individuals possess significant ownership or equity in both the 7,251
provider and the other organization. Significant ownership or 7,252
equity exists when an individual or individuals possess five per 7,253
cent ownership or equity in both the provider and a supplier. 7,254
Significant ownership or equity is presumed to exist when an 7,255
individual or individuals possess ten per cent ownership or 7,256
equity in both the provider and another organization from which 7,257
the provider purchases or leases real property. 7,258
(3) Control exists when an individual or organization has 7,260
the power, directly or indirectly, to significantly influence or 7,261
direct the actions or policies of an organization. 7,262
(4) An individual or organization that supplies goods or 7,264
services to a provider shall not be considered a related party if 7,265
all of the following conditions are met: 7,266
(a) The supplier is a separate bona fide organization. 7,268
(b) A substantial part of the supplier's business activity 7,270
of the type carried on with the provider is transacted with 7,271
others than the provider and there is an open, competitive market 7,272
for the types of goods or services the supplier furnishes. 7,273
(c) The types of goods or services are commonly obtained 7,275
by other nursing facilities or intermediate care facilities for 7,276
the mentally retarded from outside organizations and are not a 7,277
basic element of patient care ordinarily furnished directly to 7,278
patients by the facilities. 7,279
(d) The charge to the provider is in line with the charge 7,281
for the goods or services in the open market and no more than the 7,282
charge made under comparable circumstances to others by the 7,283
supplier. 7,284
(W) "Relative of owner" means an individual who is related 7,286
to an owner of a nursing facility or intermediate care facility 7,287
for the mentally retarded by one of the following relationships: 7,288
(1) Spouse; 7,290
165
(2) Natural parent, child, or sibling; 7,292
(3) Adopted parent, child, or sibling; 7,294
(4) Step-parent, step-child, step-brother, or step-sister; 7,296
(5) Father-in-law, mother-in-law, son-in-law, 7,298
daughter-in-law, brother-in-law, or sister-in-law; 7,299
(6) Grandparent or grandchild; 7,301
(7) Foster parent CAREGIVER, foster child, foster brother, 7,303
or foster sister. 7,305
(X) "Renovation" and "extensive renovation" mean: 7,307
(1) Any betterment, improvement, or restoration of a 7,309
nursing facility or intermediate care facility for the mentally 7,310
retarded started before July 1, 1993, that meets the definition 7,311
of a renovation or extensive renovation established in rules 7,312
adopted by the director of job and family services in effect on 7,314
December 22, 1992.
(2) In the case of betterments, improvements, and 7,316
restorations of nursing facilities and intermediate care 7,317
facilities for the mentally retarded started on or after July 1, 7,318
1993: 7,319
(a) "Renovation" means the betterment, improvement, or 7,321
restoration of a nursing facility or intermediate care facility 7,322
for the mentally retarded beyond its current functional capacity 7,323
through a structural change that costs at least five hundred 7,324
dollars per bed. A renovation may include betterment, 7,325
improvement, restoration, or replacement of assets that are 7,326
affixed to the building and have a useful life of at least five 7,327
years. A renovation may include costs that otherwise would be 7,328
considered maintenance and repair expenses if they are an 7,329
integral part of the structural change that makes up the 7,330
renovation project. "Renovation" does not mean construction of 7,331
additional space for beds that will be added to a facility's 7,332
licensed or certified capacity. 7,333
(b) "Extensive renovation" means a renovation that costs 7,335
more than sixty-five per cent and no more than eighty-five per 7,336
166
cent of the cost of constructing a new bed and that extends the 7,337
useful life of the assets for at least ten years. 7,338
For the purposes of division (X)(2) of this section, the 7,340
cost of constructing a new bed shall be considered to be forty 7,341
thousand dollars, adjusted for the estimated rate of inflation 7,342
from January 1, 1993, to the end of the calendar year during 7,343
which the renovation is completed, using the consumer price index 7,344
for shelter costs for all urban consumers for the north central 7,345
region, as published by the United States bureau of labor 7,346
statistics. 7,347
The department of job and family services may treat a 7,349
renovation that costs more than eighty-five per cent of the cost 7,350
of constructing new beds as an extensive renovation if the 7,351
department determines that the renovation is more prudent than 7,352
construction of new beds. 7,353
Sec. 5123.77. (A) Pending his removal to an institution, 7,362
a person taken into custody or ordered to be institutionalized 7,364
pursuant to this chapter may be held in his THE PERSON'S home, a 7,366
family CERTIFIED foster home, licensed rest or nursing home, a 7,368
county home, or a facility used for detention, but he THE PERSON 7,369
shall be kept separate from persons charged with or convicted of 7,371
penal offenses.
(B) Whenever any person is taken into custody under this 7,373
chapter, the person in charge of the institution or facility in 7,374
which that person is temporarily held under division (A) of this 7,375
section immediately shall notify that person's legal guardian, 7,376
spouse, or next of kin and his THE PERSON'S counsel, if such can 7,377
be ascertained. 7,378
Sec. 5153.01. (A) As used in the Revised Code, "public 7,387
children services agency" means an entity specified in section 7,388
5153.02 of the Revised Code that has assumed the powers and 7,390
duties of the children services function prescribed by this 7,391
chapter for a county.
(B) As used in this chapter: 7,393
167
(1) "Babysitting care" means care provided for a child 7,395
while the parents, guardian, or legal custodian of the child are 7,396
temporarily away. 7,397
(2) "Certified family foster home" means a family foster 7,399
home operated by a person holding a certificate issued pursuant 7,401
to, AS DEFINED IN SECTION 5103.02 OF THE REVISED CODE, CERTIFIED 7,403
UNDER section 5103.03 of the Revised Code that is in full force 7,405
and effect.
(3)(2) "Certified organization" means any organization 7,407
holding a certificate issued pursuant to section 5103.03 of the 7,409
Revised Code that is in full force and effect. 7,410
(4)(3) "Child" means any person under eighteen years of 7,412
age or a mentally or physically handicapped person, as defined by 7,413
rule adopted by the director of job and family services, under 7,415
twenty-one years of age. 7,416
(5)(4) "Executive director" means the person charged with 7,418
the responsibility of administering the powers and duties of a 7,419
public children services agency appointed pursuant to section 7,421
5153.10 of the Revised Code.
(6) "Family foster home" means a private residence in 7,423
which children are received apart from their parents, guardian, 7,424
or legal custodian by an individual for hire, gain, or reward for 7,425
nonsecure care, supervision, or training twenty-four hours a day. 7,426
"Family foster home" does not include babysitting care provided 7,427
for a child in the home of a person other than the home of the 7,428
parents, guardian, or legal custodian of the child. 7,429
(7) "Foster home" means a family home in which any child 7,431
is received, apart from the child's parents, for care, 7,432
supervision, or training. 7,433
(8)(5) "Organization" means any public, semipublic, or 7,435
private institution, including maternity homes and day nurseries, 7,437
and any private association, society, or agency, located or 7,438
operating in this state, incorporated or unincorporated, having 7,439
among its functions the furnishing of protective services or care 7,441
168
for children or the placement of children in CERTIFIED foster
homes or elsewhere. 7,443
Sec. 5153.112. A PUBLIC CHILDREN SERVICES AGENCY MAY HIRE 7,446
AS CASEWORKERS ONLY PERSONS WHO HAVE OBTAINED AN UNDERGRADUATE
DEGREE IN SOCIAL WORK, SOCIOLOGY, PSYCHOLOGY, REHABILITATION, 7,447
CHILD AND FAMILY COMMUNITY SERVICES, HEALTH RELATED STUDIES, OR 7,448
OTHER HUMAN SERVICES RELATED STUDIES. THIS SECTION APPLIES ONLY 7,449
TO PERSONS HIRED ON OR AFTER THE EFFECTIVE DATE OF THIS SECTION. 7,450
Sec. 5153.131. A public children services agency may 7,460
procure a policy or policies of insurance insuring employees of 7,461
the agency, volunteers, foster parents CAREGIVERS associated with 7,463
the agency, and, if a county children services board is the 7,464
public children services agency, board members against liability 7,466
arising from the performance of their official duties. 7,467
Sec. 5153.16. (A) Except as provided in section 2151.422 7,476
of the Revised Code, in accordance with rules of the department 7,477
of job and family services, and on behalf of children in the 7,479
county whom the public children services agency considers to be 7,480
in need of public care or protective services, the public 7,481
children services agency shall do all of the following: 7,482
(1) Make an investigation concerning any child alleged to 7,484
be an abused, neglected, or dependent child; 7,485
(2) Enter into agreements with the parent, guardian, or 7,487
other person having legal custody of any child, or with the 7,488
department of job and family services, department of mental 7,489
health, department of mental retardation and developmental 7,490
disabilities, other department, any certified organization within 7,491
or outside the county, or any agency or institution outside the 7,492
state, having legal custody of any child, with respect to the 7,493
custody, care, or placement of any child, or with respect to any 7,494
matter, in the interests of the child, provided the permanent 7,495
custody of a child shall not be transferred by a parent to the 7,496
public children services agency without the consent of the 7,498
juvenile court;
169
(3) Accept custody of children committed to the public 7,500
children services agency by a court exercising juvenile 7,502
jurisdiction;
(4) Provide such care as the public children services 7,505
agency considers to be in the best interests of any child 7,506
adjudicated to be an abused, neglected, or dependent child the 7,507
agency finds to be in need of public care or service; 7,508
(5) Provide social services to any unmarried girl 7,510
adjudicated to be an abused, neglected, or dependent child who is 7,512
pregnant with or has been delivered of a child; 7,513
(6) Make available to the bureau for children with medical 7,515
handicaps of the department of health at its request any 7,516
information concerning a crippled child found to be in need of 7,517
treatment under sections 3701.021 to 3701.028 of the Revised Code 7,518
who is receiving services from the public children services 7,520
agency;
(7) Provide temporary emergency care for any child 7,522
considered by the public children services agency to be in need 7,524
of such care, without agreement or commitment; 7,525
(8) Find family CERTIFIED foster homes, within or outside 7,527
the county, for the care of children, including handicapped 7,528
children from other counties attending special schools in the 7,529
county;
(9) Subject to the approval of the board of county 7,531
commissioners and the state department of job and family 7,532
services, establish and operate a training school or enter into 7,533
an agreement with any municipal corporation or other political 7,534
subdivision of the county respecting the operation, acquisition, 7,535
or maintenance of any children's home, training school, or other 7,536
institution for the care of children maintained by such municipal 7,537
corporation or political subdivision; 7,538
(10) Acquire and operate a county children's home, 7,540
establish, maintain, and operate a receiving home for the 7,541
temporary care of children, or procure family CERTIFIED foster 7,542
170
homes for this purpose; 7,544
(11) Enter into an agreement with the trustees of any 7,546
district children's home, respecting the operation of the 7,547
district children's home in cooperation with the other county 7,548
boards in the district; 7,549
(12) Cooperate with, make its services available to, and 7,551
act as the agent of persons, courts, the department of job and 7,552
family services, the department of health, and other 7,553
organizations within and outside the state, in matters relating 7,554
to the welfare of children, except that the public children 7,555
services agency shall not be required to provide supervision of 7,556
or other services related to the exercise of companionship or 7,557
visitation rights granted pursuant to section 3109.051, 3109.11, 7,558
or 3109.12 of the Revised Code unless a juvenile court, pursuant 7,559
to Chapter 2151. of the Revised Code, or a common pleas court, 7,560
pursuant to division (E)(6) of section 3113.31 of the Revised 7,561
Code, requires the provision of supervision or other services 7,563
related to the exercise of the companionship or visitation 7,564
rights;
(13) Make investigations at the request of any 7,566
superintendent of schools in the county or the principal of any 7,567
school concerning the application of any child adjudicated to be 7,568
an abused, neglected, or dependent child for release from school, 7,569
where such service is not provided through a school attendance 7,570
department;
(14) Administer funds provided under Title IV-E of the 7,572
"Social Security Act," 94 Stat. 501 (1980), 42 U.S.C.A. 671, as 7,573
amended, in accordance with rules adopted under section 5101.141 7,574
of the Revised Code; 7,575
(15) In addition to administering Title IV-E adoption 7,577
assistance funds, enter into agreements to make adoption 7,578
assistance payments under section 5153.163 of the Revised Code; 7,579
(16) Implement a system of risk assessment, in accordance 7,581
with rules adopted by the director of job and family services, to 7,584
171
assist the public children services agency in determining the 7,585
risk of abuse or neglect to a child; 7,586
(17) Enter into a plan of cooperation with the board of 7,588
county commissioners under section 307.983 of the Revised Code 7,589
and comply with the partnership agreement the board enters into 7,590
under section 307.98 of the Revised Code and contracts the board 7,591
enters into under sections 307.981 and 307.982 of the Revised 7,592
Code that affect the public children services agency; 7,593
(18) Make reasonable efforts to prevent the removal of an 7,595
alleged or adjudicated abused, neglected, or dependent child from 7,596
the child's home, eliminate the continued removal of the child 7,597
from the child's home, or make it possible for the child to 7,598
return home safely, except that reasonable efforts of that nature 7,599
are not required when a court has made a determination under 7,600
division (A)(2) of section 2151.419 of the Revised Code; 7,601
(19) Make reasonable efforts to place the child in a 7,603
timely manner in accordance with the permanency plan approved 7,604
under division (E) of section 2151.417 of the Revised Code and to 7,606
complete whatever steps are necessary to finalize the permanent 7,607
placement of the child. 7,608
(B) The public children services agency shall use the 7,610
system implemented pursuant to division (B)(16) of this section 7,611
in connection with an investigation undertaken pursuant to 7,612
division (F)(1) of section 2151.421 of the Revised Code and may 7,614
use the system at any other time the agency is involved with any
child when the agency determines that risk assessment is 7,615
necessary.
(C) Except as provided in section 2151.422 of the Revised 7,617
Code, in accordance with rules of the director of job and family 7,619
services, and on behalf of children in the county whom the public 7,620
children services agency considers to be in need of public care 7,621
or protective services, the public children services agency may 7,622
do the following:
(1) Provide or find, with other child serving systems, 7,625
172
treatment foster care for the care of children in a treatment 7,626
foster home, as defined in section 5103.02 of the Revised Code, 7,627
CERTIFIED UNDER SECTION 5103.03 OF THE REVISED CODE;
(2)(a) Except as limited by divisions (C)(2)(b) and (c) of 7,630
this section, contract with the following for the purpose of
assisting the agency with its duties: 7,631
(i) County departments of job and family services; 7,633
(ii) Boards of alcohol, drug addiction, and mental health 7,636
services;
(iii) County boards of mental retardation and 7,638
developmental disabilities; 7,639
(iv) Regional councils of political subdivisions 7,641
established under Chapter 167. of the Revised Code; 7,642
(v) Private and government providers of services; 7,644
(vi) Managed care organizations and prepaid health plans. 7,646
(b) A public children services agency contract under 7,649
division (C)(2)(a) of this section regarding the agency's duties
under section 2151.421 of the Revised Code may not provide for 7,650
the entity under contract with the agency to perform any service 7,651
not authorized by the department's rules. 7,652
(c) Only a county children services board appointed under 7,655
section 5153.03 of the Revised Code that is a public children
services agency may contract under division (C)(2)(a) of this 7,656
section. If an entity specified in division (B) or (C) of 7,657
section 5153.02 of the Revised Code is the public children 7,658
services agency for a county, the board of county commissioners 7,659
may enter into contracts pursuant to section 307.982 of the
Revised Code regarding the agency's duties. 7,660
Sec. 5153.161. Care provided by the public children 7,670
services agency under division (A)(4) of section 5153.16 of the 7,674
Revised Code shall be provided by the agency, by its own means or 7,675
through other available resources, in the child's own home, in 7,677
the home of a relative, or in a certified family foster home, any 7,679
other home approved by the court, receiving home, school,
173
hospital, convalescent home, or other public or private 7,680
institution within or outside the county or state. 7,681
Sec. 5153.171. (A) ON RECEIPT BY A PUBLIC CHILDREN 7,684
SERVICES AGENCY OF A REQUEST FOR THE RELEASE OF INFORMATION ABOUT 7,685
A CHILD UNDER EIGHTEEN YEARS OF AGE WHO WAS A RESIDENT OF THE 7,686
COUNTY SERVED BY THE AGENCY AT THE TIME OF DEATH AND WHOSE DEATH 7,687
MAY HAVE BEEN CAUSED BY ABUSE, NEGLECT, OR OTHER CRIMINAL 7,688
CONDUCT, THE DIRECTOR OF THE AGENCY IMMEDIATELY SHALL CONFER WITH 7,690
THE PROSECUTING ATTORNEY OF THAT COUNTY. AFTER THE EXECUTIVE
DIRECTOR CONFERS WITH THE PROSECUTING ATTORNEY, THE FOLLOWING 7,692
APPLY:
(1) IF THE PROSECUTING ATTORNEY INTENDS TO PROSECUTE A 7,695
PERSON FOR CAUSING THE CHILD'S DEATH, THE PROSECUTING ATTORNEY 7,696
SHALL DETERMINE THE INFORMATION DESCRIBED IN DIVISION (A) OF 7,698
SECTION 5153.172 OF THE REVISED CODE THAT MAY BE RELEASED, IF 7,699
ANY, AND NOTIFY THE DIRECTOR OF THE INTENT TO PROSECUTE AND THE 7,700
DETERMINATION OF WHAT INFORMATION MAY BE RELEASED. EXCEPT AS 7,701
PROVIDED IN SECTION 5153.173 OF THE REVISED CODE, ON RECEIPT OF 7,702
THE NOTICE, THE DIRECTOR SHALL RELEASE THE INFORMATION THE 7,703
PROSECUTOR DETERMINES MAY BE RELEASED AND NO OTHER INFORMATION. 7,704
(2) IF THE PROSECUTING ATTORNEY DOES NOT INTEND TO 7,707
PROSECUTE A PERSON FOR CAUSING THE DEATH OF THE CHILD, THE 7,708
PROSECUTING ATTORNEY SHALL NOTIFY THE DIRECTOR THAT NO 7,709
PROSECUTION IS INTENDED. EXCEPT AS PROVIDED IN SECTION 5153.173 7,710
OF THE REVISED CODE, ON RECEIPT OF THE NOTICE, THE DIRECTOR SHALL 7,711
RELEASE THE INFORMATION DESCRIBED IN DIVISION (A) OF SECTION 7,712
5153.172 OF THE REVISED CODE.
(B) A PUBLIC CHILDREN SERVICES AGENCY DIRECTOR WHO 7,715
RELEASES INFORMATION IN ACCORDANCE WITH THIS SECTION IN GOOD 7,716
FAITH SHALL NOT BE SUBJECT TO CIVIL OR CRIMINAL LIABILITY FOR 7,717
INJURY, DEATH, OR LOSS TO PERSON OR PROPERTY INCURRED OR IMPOSED 7,718
AS A RESULT OF PROVISION OF THE INFORMATION. 7,719
Sec. 5153.172. (A) NOTWITHSTANDING SECTIONS 2151.421, 7,722
3701.243, 5153.17, AND ANY OTHER SECTION OF THE REVISED CODE 7,724
174
PERTAINING TO CONFIDENTIALITY AND UNLESS PRECLUDED BY SECTION 7,726
5153.173 OF THE REVISED CODE, THE DIRECTOR SHALL DISCLOSE THE 7,727
FOLLOWING INFORMATION CONCERNING A DECEASED CHILD IN ACCORDANCE 7,728
WITH SECTION 5153.171 OF THE REVISED CODE:
(1) THE CHILD'S NAME; 7,730
(2) A SUMMARY REPORT OF THE CHRONOLOGY OF ABUSE OR NEGLECT 7,733
REPORTS MADE PURSUANT TO SECTION 2151.421 OF THE REVISED CODE OF 7,735
WHICH THE CHILD IS THE SUBJECT AND THE FINAL DISPOSITION OF THE 7,736
INVESTIGATIONS OF THE REPORTS OR, IF INVESTIGATIONS HAVE NOT BEEN 7,737
COMPLETED, THE STATUS OF ANY INVESTIGATIONS; 7,738
(3) SERVICES PROVIDED TO OR PURCHASED FOR THE CHILD OR TO 7,740
WHICH THE CHILD WAS REFERRED BY A PUBLIC CHILDREN SERVICES 7,742
AGENCY; 7,743
(4) ACTIONS TAKEN BY A PUBLIC CHILDREN SERVICES AGENCY IN 7,746
RESPONSE TO ANY REPORT OF ABUSE OR NEGLECT OF WHICH THE CHILD WAS 7,747
THE SUBJECT.
(B) NO PERSON MAY RELEASE, PURSUANT TO A REQUEST MADE 7,751
UNDER THIS SECTION CONCERNING A DECEASED CHILD, THE NAME OF ANY 7,752
PERSON OR ENTITY THAT MADE A REPORT OR PARTICIPATED IN MAKING A 7,753
REPORT OF CHILD ABUSE OR NEGLECT OF WHICH THE CHILD WAS THE 7,754
SUBJECT; THE NAMES OF THE PARENTS OR SIBLINGS OF THE CHILD; THE 7,755
CONTENTS OF ANY PSYCHOLOGICAL, PSYCHIATRIC, THERAPEUTIC, 7,756
CLINICAL, OR MEDICAL REPORTS OR EVALUATIONS REGARDING THE CHILD; 7,758
WITNESS STATEMENTS; POLICE OR OTHER INVESTIGATIVE REPORTS; OR ANY 7,759
OTHER INFORMATION OTHER THAN THE INFORMATION THAT MAY BE RELEASED 7,760
IN ACCORDANCE WITH THIS SECTION.
Sec. 5153.173. THE DIRECTOR SHALL NOT DISCLOSE ANY 7,762
INFORMATION PURSUANT TO SECTION 5153.172 OF THE REVISED CODE IF A 7,763
JUDGE OF THE COMMON PLEAS COURT OF THE COUNTY THE DECEASED CHILD 7,765
RESIDED IN AT THE TIME OF DEATH DETERMINES, ON MOTION OF THE 7,766
PUBLIC CHILDREN SERVICES AGENCY, THAT DISCLOSING THE INFORMATION 7,767
WOULD NOT BE IN THE BEST INTEREST OF A SIBLING OF THE DECEASED 7,768
CHILD OR ANOTHER CHILD RESIDING IN THE HOUSEHOLD THE CHILD 7,769
RESIDED IN AT THE TIME OF DEATH. 7,770
175
Sec. 5153.60. THE DEPARTMENT OF JOB AND FAMILY SERVICES 7,772
SHALL ESTABLISH A STATEWIDE PROGRAM THAT PROVIDES THE TRAINING 7,773
SECTION 5153.122 OF THE REVISED CODE REQUIRES PUBLIC CHILDREN 7,774
SERVICES AGENCY CASEWORKERS AND SUPERVISORS TO COMPLETE. THE 7,775
PROGRAM SHALL BE CALLED THE "OHIO CHILD WELFARE TRAINING 7,776
PROGRAM."
Sec. 5153.61. EACH FISCAL BIENNIUM, THE DEPARTMENT OF JOB 7,778
AND FAMILY SERVICES SHALL CONTRACT WITH AN ENTITY TO SERVE AS THE 7,779
TRAINING COORDINATOR FOR THE OHIO CHILD WELFARE TRAINING PROGRAM. 7,780
THE TRAINING COORDINATOR SHALL DEVELOP, IMPLEMENT, AND MANAGE THE 7,781
TRAINING PROGRAM. THE DEPARTMENT SHALL SELECT THE ENTITY FROM 7,782
THE CANDIDATES SELECTED PURSUANT TO SECTION 5153.63 OF THE 7,783
REVISED CODE. A CONTRACT ENTERED INTO UNDER THIS SECTION SHALL 7,784
BE EFFECTIVE ON THE FIRST DAY OF THE BIENNIUM FOR WHICH IT IS 7,785
ENTERED INTO AND TERMINATE ON THE LAST DAY OF THAT BIENNIUM. 7,786
Sec. 5153.62. BEFORE THE BEGINNING OF EACH FISCAL 7,788
BIENNIUM, THE DEPARTMENT OF JOB AND FAMILY SERVICES SHALL DEVELOP 7,789
AND ISSUE A REQUEST FOR PROPOSALS FOR THE DEVELOPMENT, 7,790
IMPLEMENTATION, AND MANAGEMENT, AS TRAINING COORDINATOR, OF THE 7,791
OHIO CHILD WELFARE TRAINING PROGRAM DURING THE BIENNIUM. THE 7,792
DEPARTMENT SHALL DEVELOP THE REQUEST FOR PROPOSALS IN 7,793
CONSULTATION WITH INDIVIDUALS DESIGNATED UNDER SECTION 5153.64 OF 7,794
THE REVISED CODE.
Sec. 5153.63. BEFORE THE BEGINNING OF EACH FISCAL 7,796
BIENNIUM, THE INDIVIDUALS DESIGNATED UNDER SECTION 5153.64 OF THE 7,797
REVISED CODE SHALL REVIEW ALL RESPONSES TO THE REQUEST FOR 7,799
PROPOSALS ISSUED UNDER SECTION 5153.62 OF THE REVISED CODE FOR 7,800
THE BIENNIUM AND RECOMMEND TO THE DEPARTMENT OF JOB AND FAMILY 7,802
SERVICES THOSE ENTITIES THAT MEET THE REQUIREMENTS OF THE 7,803
REQUEST. 7,804
Sec. 5153.64. THE DIRECTOR OF JOB AND FAMILY SERVICES 7,806
SHALL SELECT REPRESENTATIVES FROM THE FOLLOWING ORGANIZATIONS TO 7,807
PERFORM THE CONSULTATION AND RECOMMENDATION DUTIES UNDER SECTIONS 7,808
5153.62 AND 5153.63 OF THE REVISED CODE: 7,809
176
(A) REGIONAL TRAINING CENTERS ESTABLISHED UNDER SECTION 7,811
5153.72 OF THE REVISED CODE; 7,812
(B) STAFF OF PUBLIC CHILDREN SERVICES AGENCIES; 7,814
(C) STAFF OF THE STATE DEPARTMENT OF JOB AND FAMILY 7,816
SERVICES.
Sec. 5153.65. THE ENTITY CONTRACTED WITH TO SERVE AS THE 7,819
TRAINING COORDINATOR FOR THE OHIO CHILD WELFARE TRAINING PROGRAM 7,820
SHALL DO ALL THE FOLLOWING AS PART OF ITS DUTIES UNDER THE 7,821
CONTRACT: 7,822
(A) ADMINISTER, COORDINATE, AND EVALUATE ALL TRAINING 7,824
PROGRAM ACTIVITIES UNDER THE PROGRAM; 7,825
(B) DEVELOP TRAINING CURRICULUM, RESOURCES, AND PRODUCTS; 7,827
(C) PROVIDE FISCAL MANAGEMENT AND TECHNICAL ASSISTANCE TO 7,829
REGIONAL TRAINING CENTERS ESTABLISHED UNDER SECTION 5153.72 OF 7,830
THE REVISED CODE; 7,831
(D) COOPERATE WITH THE REGIONAL TRAINING CENTERS TO 7,833
SCHEDULE TRAINING SESSIONS, PROVIDE NOTICES OF TRAINING SESSIONS, 7,834
AND PROVIDE TRAINING MATERIALS; 7,835
(E) EMPLOY AND COMPENSATE TRAINING SESSION INSTRUCTORS; 7,837
(F) CREATE INDIVIDUAL TRAINING NEEDS ASSESSMENT FORMS FOR 7,839
USE PURSUANT TO SECTIONS 5153.75 AND 5153.76 OF THE REVISED CODE; 7,841
(G) CONDUCT ANY OTHER ACTIVITIES NECESSARY FOR THE 7,843
DEVELOPMENT, IMPLEMENTATION, AND MANAGEMENT OF THE TRAINING 7,844
PROGRAM.
Sec. 5153.66. THE DIRECTOR OF JOB AND FAMILY SERVICES 7,846
SHALL ESTABLISH THE TRAINING PROGRAM STEERING COMMITTEE. SECTION 7,847
101.84 OF THE REVISED CODE DOES NOT APPLY TO THE COMMITTEE. 7,848
Sec. 5153.67. (A) THE DIRECTOR OF JOB AND FAMILY SERVICES 7,850
SHALL APPOINT THE FOLLOWING TO SERVE ON THE TRAINING PROGRAM 7,851
STEERING COMMITTEE:
(1) EMPLOYEES OF THE DEPARTMENT OF JOB AND FAMILY 7,853
SERVICES;
(2) EMPLOYEES OF REGIONAL TRAINING CENTERS ESTABLISHED 7,855
UNDER SECTION 5153.72 OF THE REVISED CODE; 7,856
177
(3) A REPRESENTATIVE OF AN ORGANIZATION THAT REPRESENTS 7,859
THE INTERESTS OF PUBLIC CHILDREN SERVICES AGENCIES; 7,860
(4) A REPRESENTATIVE OF THE ENTITY CONTRACTED WITH TO 7,863
SERVE AS THE TRAINING COORDINATOR FOR THE OHIO CHILD WELFARE
TRAINING PROGRAM; 7,864
(5) TWO EMPLOYEES OF PUBLIC CHILDREN SERVICES AGENCIES. 7,867
(B) ALL INITIAL APPOINTMENTS REQUIRED TO BE MADE UNDER 7,870
THIS SECTION SHALL BE MADE NO LATER THAN THIRTY DAYS AFTER THE 7,871
EFFECTIVE DATE OF THIS SECTION. 7,872
THE REPRESENTATIVE OF AN ENTITY CONTRACTED WITH TO SERVE AS 7,874
THE TRAINING COORDINATOR SHALL SERVE ON THE COMMITTEE UNTIL THE 7,875
DEPARTMENT OF JOB AND FAMILY SERVICES CONTRACTS WITH A DIFFERENT 7,876
ENTITY TO SERVE AS THE TRAINING COORDINATOR. 7,878
THE ENTITY UNDER CONTRACT ON THE EFFECTIVE DATE OF THIS 7,880
SECTION TO COORDINATE TRAINING FOR CASEWORKERS AND SUPERVISORS IN 7,881
THE STATE SHALL BE CONSIDERED THE ENTITY THAT CONTRACTS WITH THE 7,882
DEPARTMENT TO SERVE AS THE TRAINING COORDINATOR FOR THE OHIO 7,883
CHILD WELFARE TRAINING PROGRAM. 7,884
Sec. 5153.68. AFTER THE TRAINING PROGRAM STEERING 7,886
COMMITTEE IS APPOINTED UNDER SECTION 5153.67 OF THE REVISED CODE, 7,887
THE DIRECTOR OF JOB AND FAMILY SERVICES SHALL CALL THE COMMITTEE 7,889
TO MEET FOR THE PURPOSE OF ADOPTING BYLAWS GOVERNING THE 7,891
OPERATION OF THE COMMITTEE. THE BYLAWS SHALL INCLUDE PROVISIONS 7,892
ADDRESSING THE COMMITTEE'S GOVERNING STRUCTURE, SUBCOMMITTEES, 7,893
FREQUENCY OF MEETINGS, AND AMENDMENT OF THE BYLAWS. THE 7,894
COMMITTEE SHALL ADOPT THE BYLAWS, PURSUANT TO SECTION 111.15 OF 7,896
THE REVISED CODE, BY MAJORITY VOTE OF ALL MEMBERS OF THE 7,897
COMMITTEE. THE COMMITTEE SHALL ADOPT THE BYLAWS NO LATER THAN
ONE HUNDRED EIGHTY DAYS AFTER THE EFFECTIVE DATE OF THIS SECTION. 7,898
Sec. 5153.69. THE TRAINING PROGRAM STEERING COMMITTEE 7,900
SHALL MONITOR AND EVALUATE THE OHIO CHILD WELFARE TRAINING 7,902
PROGRAM TO ENSURE THAT THE PROGRAM IS A COMPETENCY-BASED TRAINING 7,904
SYSTEM THAT SATISFIES THE TRAINING REQUIREMENTS FOR PUBLIC 7,905
CHILDREN SERVICES AGENCY CASEWORKERS AND SUPERVISORS UNDER 7,906
178
SECTION 5153.122 OF THE REVISED CODE.
Sec. 5153.70. THE DEPARTMENT OF JOB AND FAMILY SERVICES 7,908
SHALL OVERSEE THE OPERATION OF THE ENTITY CONTRACTED WITH UNDER 7,909
SECTION 5153.61 OF THE REVISED CODE REGARDING THE DEVELOPMENT, 7,910
IMPLEMENTATION, AND MANAGEMENT OF THE OHIO CHILD WELFARE TRAINING 7,912
PROGRAM.
Sec. 5153.71. PRIOR TO THE BEGINNING OF THE FISCAL 7,914
BIENNIUM THAT FIRST FOLLOWS THE EFFECTIVE DATE OF THIS SECTION, 7,916
THE DEPARTMENT OF JOB AND FAMILY SERVICES, IN CONSULTATION WITH 7,917
THE TRAINING PROGRAM STEERING COMMITTEE, SHALL DESIGNATE EIGHT 7,918
TRAINING REGIONS IN THE STATE. THE DEPARTMENT MAY CHANGE THE 7,920
TRAINING REGIONS AS NEEDED. EACH TRAINING REGION SHALL CONTAIN 7,921
ONLY ONE REGIONAL TRAINING CENTER ESTABLISHED AND MAINTAINED 7,922
UNDER SECTION 5153.72 OF THE REVISED CODE. 7,923
Sec. 5153.72. PRIOR TO THE BEGINNING OF THE FISCAL 7,925
BIENNIUM THAT FIRST FOLLOWS THE EFFECTIVE DATE OF THIS SECTION, 7,927
THE PUBLIC CHILDREN SERVICES AGENCIES OF ATHENS, CUYAHOGA, 7,929
FRANKLIN, GREENE, GUERNSEY, HAMILTON, LUCAS, AND SUMMIT COUNTIES 7,930
SHALL EACH ESTABLISH AND MAINTAIN A REGIONAL TRAINING CENTER. AT 7,931
ANY TIME AFTER THE BEGINNING OF THAT BIENNIUM, THE DEPARTMENT OF 7,932
JOB AND FAMILY SERVICES, ON THE RECOMMENDATION OF THE TRAINING 7,933
PROGRAM STEERING COMMITTEE, MAY DIRECT A PUBLIC CHILDREN SERVICES 7,934
AGENCY TO ESTABLISH AND MAINTAIN A TRAINING CENTER TO REPLACE THE 7,935
CENTER ESTABLISHED BY AN AGENCY UNDER THIS SECTION. THERE MAY BE 7,936
NO MORE AND NO LESS THAN EIGHT CENTERS IN EXISTENCE AT ANY TIME. 7,937
Sec. 5153.73. THE EXECUTIVE DIRECTOR OF EACH PUBLIC 7,939
CHILDREN SERVICES AGENCY REQUIRED TO ESTABLISH AND MAINTAIN A 7,940
REGIONAL TRAINING CENTER SHALL APPOINT A MANAGER TO OPERATE THE 7,941
TRAINING CENTER IN ACCORDANCE WITH SECTION 5153.74 OF THE REVISED 7,942
CODE.
Sec. 5153.74. A REGIONAL TRAINING CENTER SHALL DO ALL THE 7,944
FOLLOWING: 7,945
(A) SECURE FACILITIES SUITABLE FOR CONDUCTING TRAINING 7,947
PROGRAMS AND SESSIONS; 7,948
179
(B) PROVIDE ADMINISTRATIVE SERVICES AND PAY ALL 7,950
ADMINISTRATIVE COSTS RELATED TO THE CONDUCT OF TRAINING PROGRAMS 7,951
AND SESSIONS;
(C) MAINTAIN A DATABASE OF THE DATA CONTAINED IN THE 7,953
INDIVIDUAL TRAINING NEEDS ASSESSMENTS FOR EACH CASEWORKER AND 7,955
SUPERVISOR EMPLOYED BY A PUBLIC CHILDREN SERVICES AGENCY LOCATED 7,956
IN THE TRAINING REGION SERVED BY THE CENTER; 7,957
(D) ASSESS TRAINING NEEDS OF CASEWORKERS AND SUPERVISORS 7,959
EMPLOYED BY A PUBLIC CHILDREN SERVICES AGENCY LOCATED IN THE 7,961
TRAINING REGION SERVED BY THE CENTER; 7,962
(E) COOPERATE WITH THE ENTITY CONTRACTED WITH UNDER 7,965
SECTION 5153.61 OF THE REVISED CODE IN COORDINATING TRAINING 7,966
PROGRAMS AND SESSIONS AT THE CENTER.
Sec. 5153.75. EACH SUPERVISOR EMPLOYED BY A PUBLIC 7,968
CHILDREN SERVICES AGENCY THAT SUPERVISES THE WORK OF A CASEWORKER 7,969
EMPLOYED BY THE AGENCY SHALL WORK WITH THE CASEWORKER TO 7,970
DETERMINE THE CASEWORKER'S TRAINING NEEDS IN ACCORDANCE WITH, AND 7,971
ENSURE THE CASEWORKER'S COMPLIANCE WITH, THE TRAINING 7,972
REQUIREMENTS OF SECTION 5153.122 OF THE REVISED CODE. ONCE EVERY 7,973
TWO YEARS, THE SUPERVISOR SHALL COMPLETE AN INDIVIDUAL TRAINING 7,975
NEEDS ASSESSMENT FORM CREATED UNDER SECTION 5153.65 OF THE 7,977
REVISED CODE.
Sec. 5153.76. THE EXECUTIVE DIRECTOR OF EACH PUBLIC 7,979
CHILDREN SERVICES AGENCY SHALL WORK WITH EACH SUPERVISOR EMPLOYED 7,980
BY THE AGENCY TO DETERMINE THE SUPERVISOR'S TRAINING NEEDS IN 7,981
ACCORDANCE WITH, AND ENSURE THE SUPERVISOR'S COMPLIANCE WITH, THE 7,982
TRAINING REQUIREMENTS OF SECTION 5153.122 OF THE REVISED CODE. 7,983
ONCE EVERY TWO YEARS, THE EXECUTIVE DIRECTOR SHALL COMPLETE AN 7,986
INDIVIDUAL TRAINING NEEDS ASSESSMENT FORM CREATED UNDER SECTION 7,987
5153.65 OF THE REVISED CODE FOR EACH SUPERVISOR. 7,988
Sec. 5153.77. THE EXECUTIVE DIRECTOR OF EACH PUBLIC 7,990
CHILDREN SERVICES AGENCY SHALL COLLECT AND MAINTAIN THE DATA FROM 7,991
INDIVIDUAL TRAINING NEEDS ASSESSMENT FORMS COMPLETED UNDER 7,993
SECTIONS 5153.75 AND 5153.76 OF THE REVISED CODE FOR EACH 7,994
180
SUPERVISOR AND CASE WORKER EMPLOYED BY THE AGENCY. THE DIRECTOR 7,995
SHALL COMPILE AND FORWARD THE DATA COLLECTED FROM THE COMPLETED 7,996
ASSESSMENT FORMS TO THE REGIONAL TRAINING CENTER LOCATED IN THE 7,997
SAME TRAINING REGION AS THE AGENCY. 7,998
Sec. 5153.78. (A) AS USED IN THIS SECTION: 8,000
(1) "TITLE IV-B" MEANS TITLE IV-B OF THE "SOCIAL SECURITY 8,004
ACT OF 1967," 81 STAT. 821, 42 U.S.C. 620, AS AMENDED. 8,005
(2) "TITLE IV-E" MEANS TITLE IV-E OF THE "SOCIAL SECURITY 8,008
ACT," 94 STAT. 501, 42 U.S.C. 670(1980). 8,010
(3) "TITLE XX" HAS THE SAME MEANING AS IN SECTION 5101.46 8,012
OF THE REVISED CODE. 8,013
(B) FOR PURPOSES OF FUNDING THE OHIO CHILD WELFARE 8,016
TRAINING PROGRAM, THE DEPARTMENT OF JOB AND FAMILY SERVICES SHALL 8,017
USE THE FOLLOWING AS NEEDED TO ADEQUATELY FUND THE OHIO CHILD 8,018
WELFARE TRAINING PROGRAM: 8,019
(1) THE FEDERAL FINANCIAL PARTICIPATION FUNDS WITHHELD 8,021
PURSUANT TO DIVISION (D) OF SECTION 5101.141 OF THE REVISED CODE 8,023
IN AN AMOUNT DETERMINED BY THE DEPARTMENT;
(2) FUNDS AVAILABLE UNDER TITLE XX, TITLE IV-B, AND TITLE 8,026
IV-E TO PAY FOR TRAINING COSTS; 8,027
(3) ANY OTHER AVAILABLE STATE OR FEDERAL FUNDS. 8,029
Section 2. That existing sections 109.572, 117.13, 121.22, 8,031
149.43, 305.14, 307.441, 2151.011, 2151.312, 2151.331, 2151.34, 8,032
2151.353, 2151.411, 2151.414, 2151.418, 2151.421, 2151.424, 8,033
2151.55, 2151.554, 2151.62, 2151.86, 2317.02, 2907.08, 3107.012, 8,034
3107.02, 3107.13, 3107.14, 3313.472, 3313.64, 3323.01, 4731.22, 8,035
5101.14, 5101.141, 5101.143, 5103.02, 5103.033, 5103.161,
5111.20, 5123.77, 5153.01, 5153.131, 5153.16, and 5153.161 of the 8,036
Revised Code are hereby repealed. 8,037
Section 3. Section 5153.161 of the Revised Code is 8,039
presented in this act as a composite of that section as amended 8,041
by both Am. Sub. H.B. 215 and Sub. H.B. 408 of the 122nd General 8,042
Assembly, with the new language of neither of the acts shown in 8,044
capital letters. This is in recognition of the principle stated 8,045
181
in division (B) of section 1.52 of the Revised Code that such 8,046
amendments are to be harmonized where not substantively 8,047
irreconcilable and constitutes a legislative finding that such is 8,048
the resulting version in effect prior to the effective date of 8,049
this act.
Section 4. Sections 149.43, 307.441, 2151.011, 2151.353, 8,051
2151.421, 2151.86, 3107.13, 3313.64, 5101.14, 5101.141, 5101.143, 8,052
5103.02, 5111.20, 5153.01, and 5153.16 of the Revised Code are 8,053
amended by this act and also by Am. Sub. H.B. 470 or H.B. 471 of 8,054
the 123rd General Assembly (both effective July 1, 2000). The 8,055
amendments of H.B. 470 and H.B. 471 are included in this act in 8,056
lower case to confirm the intention to retain them, but are not 8,057
intended to be effective until July 1, 2000. 8,058