As Reported by the Senate Health, Human Services 2
and Aging Committee 2
123rd General Assembly 5
Regular Session Sub. H.B. No. 448 6
1999-2000 7
REPRESENTATIVES METZGER-FORD-HARRIS-TIBERI-O'BRIEN-WINKLER- 9
HARTNETT-OLMAN-JERSE-HOLLISTER-DePIERO-TERWILLEGER- 10
BRITTON-FLANNERY-CALVERT-MOTTLEY-GRENDELL-CAREY- 12
AUSTRIA-WOMER BENJAMIN-GOODMAN-SALERNO-ALLEN-
DISTEL-VERICH-HOLLISTER-OLMAN-SCHURING-HOOPS-SMITH- 14
R. MILLER-PRINGLE-BENDER-DAMSCHRODER-VESPER-METTLER-
MEAD-WILSON-JONES-ASLANIDES-REDFERN-MYERS-BRADING- 16
A. CORE-BUEHRER-SCHUCK-BARRETT-JACOBSON-BARNES- 17
ROBERTS-BOYD-J. BEATTY-GOODING-PATTON-PERRY- 18
SENATORS KEARNS-DRAKE
_________________________________________________________________ 20
A B I L L
To amend sections 109.572, 117.13, 121.22, 121.37, 22
149.43, 305.14, 307.441, 2101.11, 2151.011, 23
2151.312, 2151.331, 2151.34, 2151.353, 2151.411, 24
2151.414, 2151.418, 2151.421, 2151.424, 2151.55, 25
2151.554, 2151.62, 2151.86, 2317.02, 2907.08, 26
3107.01, 3107.012, 3107.013, 3107.02, 3107.031,
3107.12, 3107.13, 3107.14, 3313.472, 3313.64, 27
4731.22, 5101.14, 5101.141, 5101.143, 5103.02, 28
5103.033, 5103.161, 5111.20, 5123.77, 5153.01, 29
5153.131, 5153.16, and 5153.161; to amend for the
purpose of adopting new section numbers as 30
indicated in parentheses sections 3107.012 31
(3107.014), 3107.013 (3107.015), and 5103.033
(5103.0317); and to enact new sections 3107.012 32
and 3107.013 and sections 117.191, 307.621, 33
307.622, 307.623, 307.624, 307.625, 307.626,
307.627, 307.628, 307.629, 3107.016, 3701.045, 34
3705.071, 4757.40, 5101.145, 5101.146, 5101.147, 35
2
5101.148, 5101.149, 5103.0319, 5103.0320,
5103.0321, 5103.0322, 5103.0323, 5103.0324, 36
5103.0325, 5153.112, 5153.171, 5153.172, 37
5153.173, and 5153.60 to 5153.78 of the Revised
Code to revise the law governing audits of public 39
children services agencies, private child placing 40
agencies, and private noncustodial agencies; to
require the establishment in each county or 41
region of a board for the purpose of reviewing 42
deaths of children under age eighteen; to permit 43
a public children services agency to employ legal
counsel without the consent of the court of 44
common pleas; to establish rules and procedures 45
for fiscal accountability of child welfare
services; to establish educational requirements 46
for caseworkers hired by public children services 47
agencies; to make changes to the law governing
foster care; to require the Department of Job and 48
Family Services to develop a schedule of
education programs for assessors; to revise the 49
law governing how reports of child abuse or 50
neglect are maintained; to establish the Ohio
Child Welfare Training program; to permit certain 52
former employees of a public children services
agency to perform the duties of an adoption 53
assessor; to permit the Counselor and Social 54
Worker Board to seek injunctions in certain
cases; to change the amount of the Children's 55
Trust Fund that the Department of Job and Family 56
Services and boards of county commissioners may 57
use for administrative expenses; to change the
law governing administrative agents for county 58
family and children first councils; to enact law 59
relative to foster caregivers adopting their 60
3
foster children; to amend the version of section
121.22 of the Revised Code that is scheduled to 61
take effect December 24, 2000, to continue the 62
provisions of this act on and after that
effective date; and to amend the versions of 63
sections 3109.16 and 3109.18 of the Revised Code
that are scheduled to take effect January 1, 64
2001, to continue the provisions of this act on 65
and after that effective date.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 67
Section 1. That sections 109.572, 117.13, 121.22, 121.37, 69
149.43, 305.14, 307.441, 2101.11, 2151.011, 2151.312, 2151.331, 71
2151.34, 2151.353, 2151.411, 2151.414, 2151.418, 2151.421, 73
2151.424, 2151.55, 2151.554, 2151.62, 2151.86, 2317.02, 2907.08, 74
3107.01, 3107.012, 3107.013, 3107.02, 3107.031, 3107.12, 3107.13, 75
3107.14, 3313.472, 3313.64, 4731.22, 5101.14, 5101.141, 5101.143, 76
5103.02, 5103.033, 5103.161, 5111.20, 5123.77, 5153.01, 5153.131, 77
5153.16, and 5153.161 be amended; sections 3107.012 (3107.014), 78
3107.013 (3107.015), and 5103.033 (5103.0317) be amended for the 79
purpose of adopting new section numbers as indicated in 80
parentheses; and new sections 3107.012 and 3107.013 and sections
117.191, 307.621, 307.622, 307.623, 307.624, 307.625, 307.626, 82
307.627, 307.628, 307.629, 3107.016, 3701.045, 3705.071, 4757.40, 83
5101.145, 5101.146, 5101.147, 5101.148, 5101.149, 5103.0319, 84
5103.0320, 5103.0321, 5103.0322, 5103.0323, 5103.0324, 5103.0325, 85
5153.112, 5153.171, 5153.172, 5153.173, 5153.60, 5153.61, 87
5153.62, 5153.63, 5153.64, 5153.65, 5153.66, 5153.67, 5153.68, 88
5153.69, 5153.70, 5153.71, 5153.72, 5153.73, 5153.74, 5153.75, 89
5153.76, 5153.77, and 5153.78 of the Revised Code be enacted to 90
read as follows: 91
Sec. 109.572. (A)(1) Upon receipt of a request pursuant 100
to section 2151.86, 3301.32, 3301.541, 3319.39, 5104.012, 101
4
5104.013, or 5153.111 of the Revised Code, a completed form 103
prescribed pursuant to division (C)(1) of this section, and a set 104
of fingerprint impressions obtained in the manner described in 105
division (C)(2) of this section, the superintendent of the bureau 106
of criminal identification and investigation shall conduct a 107
criminal records check in the manner described in division (B) of 108
this section to determine whether any information exists that 109
indicates that the person who is the subject of the request 110
previously has been convicted of or pleaded guilty to any of the 111
following:
(a) A violation of section 2903.01, 2903.02, 2903.03, 113
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34, 114
2905.01, 2905.02, 2905.05, 2907.02, 2907.03, 2907.04, 2907.05, 116
2907.06, 2907.07, 2907.08, 2907.09, 2907.21, 2907.22, 2907.23, 117
2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323, 2911.01, 118
2911.02, 2911.11, 2911.12, 2919.12, 2919.22, 2919.24, 2919.25, 119
2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.04, 2925.05, 120
2925.06, or 3716.11 of the Revised Code, felonious sexual
penetration in violation of former section 2907.12 of the Revised 121
Code, a violation of section 2905.04 of the Revised Code as it 122
existed prior to July 1, 1996, a violation of section 2919.23 of 123
the Revised Code that would have been a violation of section 125
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 126
violation of section 2925.11 of the Revised Code that is not a 127
minor drug possession offense; 128
(b) A violation of an existing or former law of this 130
state, any other state, or the United States that is 131
substantially equivalent to any of the offenses listed in 132
division (A)(1)(a) of this section.
(2) On receipt of a request pursuant to section 5126.28 of 135
the Revised Code with respect to an applicant for employment in 137
any position with a county board of mental retardation and 138
developmental disabilities or pursuant to section 5126.281 of the 139
5
Revised Code with respect to an applicant for employment in a 141
position with an entity contracting with a county board for 142
employment in a position that involves providing service directly 143
to individuals with mental retardation and developmental 144
disabilities, a completed form prescribed pursuant to division 145
(C)(1) of this section, and a set of fingerprint impressions 147
obtained in the manner described in division (C)(2) of this 148
section, the superintendent of the bureau of criminal 149
identification and investigation shall conduct a criminal records 151
check. The superintendent shall conduct the criminal records 152
check in the manner described in division (B) of this section to 153
determine whether any information exists that indicates that the 154
person who is the subject of the request has been convicted of or 156
pleaded guilty to any of the following:
(a) A violation of section 2903.01, 2903.02, 2903.03, 159
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34, 160
2905.01, 2905.02, 2905.04, 2905.05, 2907.02, 2907.03, 2907.04, 161
2907.05, 2907.06, 2907.07, 2907.08, 2907.09, 2907.12, 2907.21, 162
2907.22, 2907.23, 2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 163
2907.323, 2911.01, 2911.02, 2911.11, 2911.12, 2919.12, 2919.22, 164
2919.24, 2919.25, 2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 165
or 3716.11 of the Revised Code; 166
(b) An existing or former law of this state, any other 169
state, or the United States that is substantially equivalent to 170
any of the offenses listed in division (A)(2)(a) of this section. 171
(3) On receipt of a request pursuant to section 173.41, 173
3712.09, 3721.121, or 3722.151 of the Revised Code, a completed 175
form prescribed pursuant to division (C)(1) of this section, and 176
a set of fingerprint impressions obtained in the manner described 177
in division (C)(2) of this section, the superintendent of the 179
bureau of criminal identification and investigation shall conduct 180
a criminal records check with respect to any person who has 181
applied for employment in a position that involves providing 182
direct care to an older adult. The superintendent shall conduct 183
6
the criminal records check in the manner described in division 184
(B) of this section to determine whether any information exists 186
that indicates that the person who is the subject of the request 187
previously has been convicted of or pleaded guilty to any of the 188
following:
(a) A violation of section 2903.01, 2903.02, 2903.03, 191
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34, 192
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, 193
2907.32, 2907.321, 2907.322, 2907.323, 2911.01, 2911.02, 2911.11, 195
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, 196
2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.11, 2925.13, 198
2925.22, 2925.23, or 3716.11 of the Revised Code; 199
(b) An existing or former law of this state, any other 202
state, or the United States that is substantially equivalent to 203
any of the offenses listed in division (A)(3)(a) of this section. 204
(4) On receipt of a request pursuant to section 3701.881 206
of the Revised Code with respect to an applicant for employment 208
with a home health agency as a person responsible for the care, 209
custody, or control of a child, a completed form prescribed 210
pursuant to division (C)(1) of this section, and a set of 211
fingerprint impressions obtained in the manner described in 212
division (C)(2) of this section, the superintendent of the bureau 213
of criminal identification and investigation shall conduct a 214
criminal records check. The superintendent shall conduct the
criminal records check in the manner described in division (B) of 216
this section to determine whether any information exists that 217
indicates that the person who is the subject of the request 218
previously has been convicted of or pleaded guilty to any of the
following: 219
(a) A violation of section 2903.01, 2903.02, 2903.03, 221
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34, 222
2905.01, 2905.02, 2905.04, 2905.05, 2907.02, 2907.03, 2907.04, 223
7
2907.05, 2907.06, 2907.07, 2907.08, 2907.09, 2907.12, 2907.21, 224
2907.22, 2907.23, 2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 225
2907.323, 2911.01, 2911.02, 2911.11, 2911.12, 2919.12, 2919.22, 226
2919.24, 2919.25, 2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 227
2925.04, 2925.05, 2925.06, or 3716.11 of the Revised Code or a 229
violation of section 2925.11 of the Revised Code that is not a 230
minor drug possession offense; 231
(b) An existing or former law of this state, any other 233
state, or the United States that is substantially equivalent to 234
any of the offenses listed in division (A)(4)(a) of this section. 235
(5) On receipt of a request pursuant to section 3701.881 237
of the Revised Code with respect to an applicant for employment 238
with a home health agency in a position that involves providing 240
direct care to an older adult, a completed form prescribed 241
pursuant to division (C)(1) of this section, and a set of 242
fingerprint impressions obtained in the manner described in 243
division (C)(2) of this section, the superintendent of the bureau 244
of criminal identification and investigation shall conduct a 245
criminal records check. The superintendent shall conduct the
criminal records check in the manner described in division (B) of 247
this section to determine whether any information exists that 248
indicates that the person who is the subject of the request 249
previously has been convicted of or pleaded guilty to any of the
following: 250
(a) A violation of section 2903.01, 2903.02, 2903.03, 253
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34, 254
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, 255
2907.32, 2907.321, 2907.322, 2907.323, 2911.01, 2911.02, 2911.11, 257
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, 258
2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.11, 2925.13, 260
2925.22, 2925.23, or 3716.11 of the Revised Code; 261
(b) An existing or former law of this state, any other 263
8
state, or the United States that is substantially equivalent to 264
any of the offenses listed in division (A)(5)(a) of this section. 265
(6) When conducting a criminal records check upon a 267
request pursuant to section 3319.39 of the Revised Code for an 268
applicant who is a teacher, IN ADDITION TO THE DETERMINATION MADE 269
UNDER DIVISION (A)(1) OF THIS SECTION, the superintendent shall 270
determine whether any information exists that indicates that the 272
person who is the subject of the request previously has been 273
convicted of or pleaded guilty to any offense specified in 274
section 3319.31 of the Revised Code. 275
(7) WHEN CONDUCTING A CRIMINAL RECORDS CHECK ON A REQUEST 277
PURSUANT TO SECTION 2151.86 OF THE REVISED CODE FOR A PERSON WHO 278
IS A PROSPECTIVE FOSTER CAREGIVER OR WHO IS EIGHTEEN YEARS OLD OR 279
OLDER AND RESIDES IN THE HOME OF A PROSPECTIVE FOSTER CAREGIVER, 282
THE SUPERINTENDENT, IN ADDITION TO THE DETERMINATION MADE UNDER 284
DIVISION (A)(1) OF THIS SECTION, SHALL DETERMINE WHETHER ANY
INFORMATION EXISTS THAT INDICATES THAT THE PERSON HAS BEEN 286
CONVICTED OF OR PLEADED GUILTY TO A VIOLATION OF: 287
(a) SECTION 2909.02 OR 2909.03 OF THE REVISED CODE; 290
(b) AN EXISTING OR FORMER LAW OF THIS STATE, ANY OTHER 292
STATE, OR THE UNITED STATES THAT IS SUBSTANTIALLY EQUIVALENT TO 293
SECTION 2909.02 OR 2909.03 OF THE REVISED CODE. 294
(8) Not later than thirty days after the date the 296
superintendent receives the request, completed form, and 298
fingerprint impressions, the superintendent shall send the person 299
who made the request any information, other than information the 300
dissemination of which is prohibited by federal law, the 301
superintendent determines exists with respect to the person who 302
is the subject of the request that indicates that the person
previously has been convicted of or pleaded guilty to any offense 304
listed or described in division (A)(1), (2), (3), (4), or (5), 305
(6), OR (7) of this section, AS APPROPRIATE. The superintendent 306
shall send the person who made the request a copy of the list of 308
offenses specified in division (A)(1), (2), (3), (4), or (5), 310
9
(6), OR (7) of this section, AS APPROPRIATE. If the request was 312
made under section 3701.881 of the Revised Code with regard to an 313
applicant who may be both responsible for the care, custody, or
control of a child and involved in providing direct care to an 314
older adult, the superintendent shall provide a list of the 316
offenses specified in divisions (A)(4) and (5) of this section. 317
(B) The superintendent shall conduct any criminal records 319
check requested under section 173.41, 2151.86, 3301.32, 3301.541, 320
3319.39, 3701.881, 3712.09, 3721.121, 3722.151, 5104.012, 321
5104.013, 5126.28, 5126.281, or 5153.111 of the Revised Code as 322
follows:
(1) The superintendent shall review or cause to be 324
reviewed any relevant information gathered and compiled by the 325
bureau under division (A) of section 109.57 of the Revised Code 326
that relates to the person who is the subject of the request, 327
including any relevant information contained in records that have 328
been sealed under section 2953.32 of the Revised Code; 329
(2) If the request received by the superintendent asks for 331
information from the federal bureau of investigation, the 333
superintendent shall request from the federal bureau of
investigation any information it has with respect to the person 334
who is the subject of the request and shall review or cause to be 335
reviewed any information the superintendent receives from that 336
bureau.
(C)(1) The superintendent shall prescribe a form to obtain 338
the information necessary to conduct a criminal records check 339
from any person for whom a criminal records check is required by 340
section 173.41, 2151.86, 3301.32, 3301.541, 3319.39, 3701.881, 341
3712.09, 3721.121, 3722.151, 5104.012, 5104.013, 5126.28, 342
5126.281, or 5153.111 of the Revised Code. 343
(2) The superintendent shall prescribe standard impression 345
sheets to obtain the fingerprint impressions of any person for 346
whom a criminal records check is required by section 173.41, 347
2151.86, 3301.32, 3301.541, 3319.39, 3701.881, 3712.09, 3721.121, 348
10
3722.151, 5104.012, 5104.013, 5126.28, 5126.281, or 5153.111 of 349
the Revised Code. Any person for whom a records check is 350
required by any of those sections shall obtain the fingerprint 351
impressions at a county sheriff's office, municipal police 352
department, or any other entity with the ability to make 353
fingerprint impressions on the standard impression sheets
prescribed by the superintendent. The office, department, or 354
entity may charge the person a reasonable fee for making the 355
impressions. 356
(3) Subject to division (D) of this section, the 358
superintendent shall prescribe and charge a reasonable fee for 359
providing a criminal records check requested under section 360
173.41, 2151.86, 3301.32, 3301.541, 3319.39, 3701.881, 3712.09, 361
3721.121, 3722.151, 5104.012, 5104.013, 5126.28, 5126.281, or 362
5153.111 of the Revised Code. The person making a criminal 363
records request under section 173.41, 2151.86, 3301.32, 3301.541, 364
3319.39, 3701.881, 3712.09, 3721.121, 3722.151, 5104.012, 365
5104.013, 5126.28, 5126.281, or 5153.111 of the Revised Code 367
shall pay the fee prescribed pursuant to this division. A person 368
making a request under section 3701.881 of the Revised Code for a 369
criminal records check for an applicant who may be both
responsible for the care, custody, or control of a child and 370
involved in providing direct care to an older adult shall pay one 371
fee for the request.
(D) A determination whether any information exists that 373
indicates that a person previously has been convicted of or 374
pleaded guilty to any offense listed or described in division 375
(A)(1)(a) or (b), (A)(2)(a) or (b), (A)(3)(a) or (b), (A)(4)(a) 376
or (b), or (A)(5)(a) or (b), (A)(6), OR (A)(7)(a) OR (b) of this 380
section that is made by the superintendent with respect to 381
information considered in a criminal records check in accordance 382
with this section is valid for the person who is the subject of 383
the criminal records check for a period of one year from the date 384
upon which the superintendent makes the determination. During 385
11
the period in which the determination in regard to a person is 386
valid, if another request under this section is made for a 387
criminal records check for that person, the superintendent shall 388
provide the information that is the basis for the 389
superintendent's initial determination at a lower fee than the
fee prescribed for the initial criminal records check. 390
(E) As used in this section: 392
(1) "Criminal records check" means any criminal records 394
check conducted by the superintendent of the bureau of criminal 396
identification and investigation in accordance with division (B) 397
of this section.
(2) "Minor drug possession offense" has the same meaning 399
as in section 2925.01 of the Revised Code. 400
(3) "Older adult" means a person age sixty or older. 402
Sec. 117.13. (A) The costs of audits of state agencies 411
shall be recovered by the auditor of state in the following 412
manner: 413
(1) The costs of all audits of state agencies shall be 415
paid to the auditor of state on statements rendered by him THE 416
AUDITOR OF STATE. Money so received by the auditor of state shall 418
be paid into the state treasury to the credit of the public audit 419
expense fund--intrastate, which is hereby created, and shall be 420
used to pay costs related to such audits. The costs of all 421
annual and special audits of a state agency shall be charged to 422
the state agency being audited. The costs of all biennial audits 423
of a state agency shall be paid from money appropriated to the 424
department of administrative services for that purpose. The 425
costs of any assistant auditor, employee, or expert employed 426
pursuant to section 117.09 of the Revised Code called upon to 427
testify in any legal proceedings in regard to any audit, or 428
called upon to review or discuss any matter related to any audit, 429
may be charged to the state agency to which the audit relates. 430
(2) The auditor of state shall establish by rule rates to 432
be charged to state agencies or to the department of 433
12
administrative services for recovering the costs of audits of 434
state agencies. 435
(B) Any AS USED IN THIS DIVISION, "GOVERNMENT AUDITING 439
STANDARDS" MEANS THE GOVERNMENT AUDITING STANDARDS PUBLISHED BY 440
THE COMPTROLLER GENERAL OF THE UNITED STATES GENERAL ACCOUNTING 441
OFFICE.
(1) EXCEPT AS PROVIDED IN DIVISIONS (B)(2) AND (3) OF THIS 443
SECTION, ANY costs of an audit of a private institution, 445
association, board, or corporation receiving public money for its 446
use shall be charged to the public office providing the public 447
money in the same manner as costs of an audit of the public 448
office. 449
(2) IF AN AUDIT OF A PRIVATE CHILD PLACING AGENCY OR 451
PRIVATE NONCUSTODIAL AGENCY RECEIVING PUBLIC MONEY FROM A PUBLIC 452
CHILDREN SERVICES AGENCY FOR PROVIDING CHILD WELFARE OR CHILD 453
PROTECTION SERVICES SETS FORTH THAT MONEY HAS BEEN ILLEGALLY 454
EXPENDED, CONVERTED, MISAPPROPRIATED, OR IS UNACCOUNTED FOR, THE 455
COSTS OF THE AUDIT SHALL BE CHARGED TO THE AGENCY BEING AUDITED 456
IN THE SAME MANNER AS COSTS OF AN AUDIT OF A PUBLIC OFFICE, 457
UNLESS THE FINDINGS ARE INCONSEQUENTIAL, AS DEFINED BY GOVERNMENT 458
AUDITING STANDARDS.
(3) IF SUCH AN AUDIT DOES NOT SET FORTH THAT MONEY HAS 460
BEEN ILLEGALLY EXPENDED, CONVERTED, MISAPPROPRIATED, OR IS 461
UNACCOUNTED FOR OR SETS FORTH FINDINGS THAT ARE INCONSEQUENTIAL, 462
AS DEFINED BY GOVERNMENT AUDITING STANDARDS, THE COSTS OF THE 463
AUDIT SHALL BE CHARGED AS FOLLOWS: 464
(a) ONE-THIRD OF THE COSTS TO THE AGENCY BEING AUDITED; 467
(b) ONE-THIRD OF THE COSTS TO THE PUBLIC CHILDREN SERVICES 469
AGENCY THAT PROVIDED THE PUBLIC MONEY TO THE AGENCY BEING 470
AUDITED;
(c) ONE-THIRD OF THE COSTS TO THE DEPARTMENT OF JOB AND 472
FAMILY SERVICES. 473
(C) The costs of audits of local public offices shall be 475
recovered by the auditor of state in the following manner: 476
13
(1) The total amount of compensation paid assistant 478
auditors of state, their expenses, the cost of employees assigned 479
to assist the assistant auditors of state, the cost of experts 480
employed pursuant to section 117.09 of the Revised Code, and the 481
cost of typing, reviewing, and copying reports shall be borne by 482
the public office to which such assistant auditors of state are 483
so assigned, except that annual vacation and sick leave of 484
assistant auditors of state, employees, and typists shall be 485
financed from the general revenue fund. The necessary traveling 486
and hotel expenses of the deputy inspectors and supervisors of 487
public offices shall be paid from the state treasury. Assistant 488
auditors of state shall be compensated by the taxing district or 489
other public office audited for activities undertaken pursuant to 490
division (B) of section 117.18 and section 117.24 of the Revised 491
Code. The costs of any assistant auditor, employee, or expert 492
employed pursuant to section 117.09 of the Revised Code called 493
upon to testify in any legal proceedings in regard to any audit, 494
or called upon to review or discuss any matter related to any 495
audit, may be charged to the public office to which the audit 496
relates. 497
(2) The auditor of state shall certify the amount of such 499
compensation, expenses, cost of experts, reviewing, copying, and 500
typing to the fiscal officer of the local public office audited. 501
The fiscal officer of the local public office shall forthwith 502
draw his A warrant upon the general fund or other appropriate 503
funds of the local public office to the order of the auditor of 505
state; provided, that the auditor of state is authorized to 506
negotiate with any local public office and, upon agreement 507
between the auditor of state and the local public office, may 508
adopt a schedule for payment of the amount due under this 509
section. Money so received by the auditor of state shall be paid 510
into the state treasury to the credit of the public audit expense 511
fund--local government, which is hereby created, and shall be 512
used to pay the compensation, expense, cost of experts and 513
14
employees, reviewing, copying, and typing of reports. 514
(3) At the conclusion of each audit, or analysis and 516
report made pursuant to section 117.24 of the Revised Code, the 517
auditor of state shall furnish the fiscal officer of the local 518
public office audited a statement showing the total cost of the 519
audit, or of the audit and the analysis and report, and the 520
percentage of the total cost chargeable to each fund audited. The 522
fiscal officer may distribute such total cost to each fund
audited in accordance with its percentage of the total cost. 523
(4) The auditor of state shall provide each local public 525
office a statement or certification of the amount due from the 526
public office for services performed by the auditor of state 527
under this or any other section of the Revised Code, as well as 528
the date upon which payment is due to the auditor of state. Any 529
local public office that does not pay the amount due to the 530
auditor of state by that date may be assessed by the auditor of 531
state for interest from the date upon which the payment is due at 532
the rate per annum prescribed by section 5703.47 of the Revised 533
Code. All interest charges assessed by the auditor of state may 534
be collected in the same manner as audit costs pursuant to 535
division (D) of this section. 536
(D) If the auditor of state fails to receive payment for 538
any amount due from a public office for services performed under 539
this or any other section of the Revised Code, he THE AUDITOR OF 540
STATE may seek payment through the office of budget and 542
management. Upon certification by the auditor of state to the 543
director of budget and management of any such amount due, the 544
director shall withhold from the public office any amount 545
available, up to and including the amount certified as due, from 546
any funds under his THE DIRECTOR'S control that belong to or are 547
lawfully payable or due to the public office. The director shall 548
promptly pay the amount withheld to the auditor of state. If the 549
director determines that no funds due and payable to the public 550
office are available or that insufficient amounts of such funds 551
15
are available to cover the amount due, the director shall 552
withhold and pay to the auditor of state the amounts available 553
and, in the case of a local public office, certify the remaining 554
amount to the county auditor of the county in which the local 555
public office is located. The county auditor shall withhold from 556
the local public office any amount available, up to and including 557
the amount certified as due, from any funds under his THE COUNTY 558
AUDITOR'S control and belonging to or lawfully payable or due to 560
the local public office. The county auditor shall promptly pay 561
any such amount withheld to the auditor of state. 562
Sec. 117.191. WHEN THE AUDITOR OF STATE AUDITS A PUBLIC 564
CHILDREN SERVICES AGENCY, PRIVATE CHILD PLACING AGENCY, OR 565
PRIVATE NONCUSTODIAL AGENCY, ALL OF THE FOLLOWING SHALL APPLY: 566
(A) ON THE REQUEST OF THE AGENCY BEING AUDITED, THE 568
AUDITING TEAM SHALL CONSULT WITH A REPRESENTATIVE OF A NATIONAL 569
NONPROFIT ORGANIZATION WITH EXPERTISE IN CHILD WELFARE ISSUES AND 570
THE COST OF THE CONSULTATION SHALL BE INCLUDED IN THE COST OF THE 571
AUDIT;
(B) THE AUDIT SHALL FOCUS ON FISCAL ACCOUNTABILITY RATHER 573
THAN CLINICAL DECISION MAKING; 574
(C) THE AUDITOR OF STATE SHALL COMPLY WITH GENERALLY 577
ACCEPTED GOVERNMENT AUDITING STANDARDS WHEN CONDUCTING THE AUDIT. 578
Sec. 121.22. (A) This section shall be liberally 587
construed to require public officials to take official action and 588
to conduct all deliberations upon official business only in open 589
meetings unless the subject matter is specifically excepted by 590
law. 591
(B) As used in this section: 593
(1) "Public body" means any of the following: 595
(a) Any board, commission, committee, council, or similar 597
decision-making body of a state agency, institution, or 598
authority, and any legislative authority or board, commission, 599
committee, council, agency, authority, or similar decision-making 601
body of any county, township, municipal corporation, school 602
16
district, or other political subdivision or local public 603
institution;
(b) Any committee or subcommittee of a body described in 605
division (B)(1)(a) of this section; 606
(c) A court of jurisdiction of a sanitary district 608
organized wholly for the purpose of providing a water supply for 609
domestic, municipal, and public use when meeting for the purpose 611
of the appointment, removal, or reappointment of a member of the 612
board of directors of such a district pursuant to section 6115.10
of the Revised Code, if applicable, or for any other matter 613
related to such a district other than litigation involving the 614
district. As used in division (B)(1)(c) of this section, "court 615
of jurisdiction" has the same meaning as "court" in section 616
6115.01 of the Revised Code.
(2) "Meeting" means any prearranged discussion of the 618
public business of the public body by a majority of its members. 619
(3) "Regulated individual" means either of the following: 621
(a) A student in a state or local public educational 623
institution; 624
(b) A person who is, voluntarily or involuntarily, an 626
inmate, patient, or resident of a state or local institution 627
because of criminal behavior, mental illness or retardation, 628
disease, disability, age, or other condition requiring custodial 629
care. 630
(C) All meetings of any public body are declared to be 632
public meetings open to the public at all times. A member of a 633
public body shall be present in person at a meeting open to the 635
public to be considered present or to vote at the meeting and for 636
purposes of determining whether a quorum is present at the 637
meeting. 638
The minutes of a regular or special meeting of any public 641
body shall be promptly prepared, filed, and maintained and shall 642
be open to public inspection. The minutes need only reflect the 643
general subject matter of discussions in executive sessions 644
17
authorized under division (G) or (J) of this section.
(D) This section does not apply to a ANY OF THE FOLLOWING: 646
(1) A grand jury, to an; 648
(2) AN audit conference conducted by the auditor of state 650
or independent certified public accountants with officials of the 652
public office that is the subject of the audit, to the; 653
(3) THE adult parole authority when its hearings are 656
conducted at a correctional institution for the sole purpose of 657
interviewing inmates to determine parole or pardon, to the; 658
(4) THE organized crime investigations commission 660
established under section 177.01 of the Revised Code, to the; 661
(5) MEETINGS OF A CHILD FATALITY REVIEW BOARD ESTABLISHED 663
UNDER SECTION 307.621 OF THE REVISED CODE AND MEETINGS CONDUCTED 664
PURSUANT TO SECTIONS 5153.171 TO 5153.173 OF THE REVISED CODE; 665
(6) THE state medical board when determining whether to 667
suspend a certificate without a prior hearing pursuant to 668
division (G) of either section 4730.25 or 4731.22 of the Revised 669
Code, to the; 670
(7) THE board of nursing when determining whether to 673
suspend a license without a prior hearing pursuant to division 674
(B) of section 4723.181 of the Revised Code, or to the; 675
(8) THE executive committee of the emergency response 677
commission when determining whether to issue an enforcement order 678
or request that a civil action, civil penalty action, or criminal 679
action be brought to enforce Chapter 3750. of the Revised Code. 680
(E) The controlling board, the development financing 682
advisory council, the industrial technology and enterprise 683
advisory council, the tax credit authority, or the minority 685
development financing advisory board, when meeting to consider 686
granting assistance pursuant to Chapter 122. or 166. of the 687
Revised Code, in order to protect the interest of the applicant 688
or the possible investment of public funds, by unanimous vote of 689
all board, council, or authority members present, may close the 691
meeting during consideration of the following information 693
18
confidentially received by the authority, council, or board from 694
the applicant: 696
(1) Marketing plans; 698
(2) Specific business strategy; 700
(3) Production techniques and trade secrets; 702
(4) Financial projections; 704
(5) Personal financial statements of the applicant or 706
members of the applicant's immediate family, including, but not 707
limited to, tax records or other similar information not open to 709
public inspection. 710
The vote by the authority, council, or board to accept or 714
reject the application, as well as all proceedings of the
authority, council, or board not subject to this division, shall 717
be open to the public and governed by this section.
(F) Every public body, by rule, shall establish a 719
reasonable method whereby any person may determine the time and 720
place of all regularly scheduled meetings and the time, place, 721
and purpose of all special meetings. A public body shall not 722
hold a special meeting unless it gives at least twenty-four 723
hours' advance notice to the news media that have requested 724
notification, except in the event of an emergency requiring 725
immediate official action. In the event of an emergency, the 726
member or members calling the meeting shall notify the news media 727
that have requested notification immediately of the time, place, 728
and purpose of the meeting. 729
The rule shall provide that any person, upon request and 732
payment of a reasonable fee, may obtain reasonable advance
notification of all meetings at which any specific type of public 733
business is to be discussed. Provisions for advance notification 734
may include, but are not limited to, mailing the agenda of 735
meetings to all subscribers on a mailing list or mailing notices 736
in self-addressed, stamped envelopes provided by the person. 737
(G) Except as provided in division (J) of this section, 740
the members of a public body may hold an executive session only 741
19
after a majority of a quorum of the public body determines, by a 742
roll call vote, to hold an executive session and only at a 744
regular or special meeting for the sole purpose of the
consideration of any of the following matters: 745
(1) To consider the appointment, employment, dismissal, 747
discipline, promotion, demotion, or compensation of a public 748
employee or official, or the investigation of charges or 749
complaints against a public employee, official, licensee, or 750
regulated individual, unless the public employee, official, 751
licensee, or regulated individual requests a public hearing. 752
Except as otherwise provided by law, no public body shall hold an 753
executive session for the discipline of an elected official for 754
conduct related to the performance of the elected official's 755
official duties or for the elected official's removal from 757
office. If a public body holds an executive session pursuant to 759
division (G)(1) of this section, the motion and vote to hold that 760
executive session shall state which one or more of the approved 761
purposes listed in division (G)(1) of this section are the 762
purposes for which the executive session is to be held, but need 763
not include the name of any person to be considered at the 764
meeting.
(2) To consider the purchase of property for public 766
purposes, or for the sale of property at competitive bidding, if 767
premature disclosure of information would give an unfair 768
competitive or bargaining advantage to a person whose personal, 769
private interest is adverse to the general public interest. No 770
member of a public body shall use division (G)(2) of this section 772
as a subterfuge for providing covert information to prospective 774
buyers or sellers. A purchase or sale of public property is void 775
if the seller or buyer of the public property has received covert 776
information from a member of a public body that has not been 777
disclosed to the general public in sufficient time for other 778
prospective buyers and sellers to prepare and submit offers. 779
If the minutes of the public body show that all meetings 781
20
and deliberations of the public body have been conducted in 782
compliance with this section, any instrument executed by the 783
public body purporting to convey, lease, or otherwise dispose of 784
any right, title, or interest in any public property shall be 785
conclusively presumed to have been executed in compliance with 786
this section insofar as title or other interest of any bona fide 787
purchasers, lessees, or transferees of the property is concerned. 788
(3) Conferences with an attorney for the public body 790
concerning disputes involving the public body that are the 791
subject of pending or imminent court action; 792
(4) Preparing for, conducting, or reviewing negotiations 794
or bargaining sessions with public employees concerning their 795
compensation or other terms and conditions of their employment; 796
(5) Matters required to be kept confidential by federal 798
law or regulations or state statutes; 799
(6) Specialized details of security arrangements if 801
disclosure of the matters discussed might reveal information that 802
could be used for the purpose of committing, or avoiding 803
prosecution for, a violation of the law; 804
(7) In the case of a county hospital operated pursuant to 806
Chapter 339. of the Revised Code, to consider trade secrets, as 808
defined in section 1333.61 of the Revised Code.
If a public body holds an executive session to consider any 810
of the matters listed in divisions (G)(2) to (7) of this section, 812
the motion and vote to hold that executive session shall state 813
which one or more of the approved matters listed in those 814
divisions are to be considered at the executive session. 815
A public body specified in division (B)(1)(c) of this 818
section shall not hold an executive session when meeting for the
purposes specified in that division. 819
(H) A resolution, rule, or formal action of any kind is 821
invalid unless adopted in an open meeting of the public body. A 822
resolution, rule, or formal action adopted in an open meeting 823
that results from deliberations in a meeting not open to the 824
21
public is invalid unless the deliberations were for a purpose 825
specifically authorized in division (G) or (J) of this section 826
and conducted at an executive session held in compliance with 827
this section. A resolution, rule, or formal action adopted in an 828
open meeting is invalid if the public body that adopted the 829
resolution, rule, or formal action violated division (F) of this 830
section. 831
(I)(1) Any person may bring an action to enforce this 833
section. An action under division (I)(1) of this section shall 835
be brought within two years after the date of the alleged 836
violation or threatened violation. Upon proof of a violation or 837
threatened violation of this section in an action brought by any 838
person, the court of common pleas shall issue an injunction to 839
compel the members of the public body to comply with its 840
provisions. 841
(2)(a) If the court of common pleas issues an injunction 843
pursuant to division (I)(1) of this section, the court shall 844
order the public body that it enjoins to pay a civil forfeiture 845
of five hundred dollars to the party that sought the injunction 846
and shall award to that party all court costs and, subject to 847
reduction as described in division (I)(2) of this section, 849
reasonable attorney's fees. The court, in its discretion, may 850
reduce an award of attorney's fees to the party that sought the 851
injunction or not award attorney's fees to that party if the 852
court determines both of the following: 853
(i) That, based on the ordinary application of statutory 855
law and case law as it existed at the time of violation or 856
threatened violation that was the basis of the injunction, a 857
well-informed public body reasonably would believe that the 858
public body was not violating or threatening to violate this 859
section; 860
(ii) That a well-informed public body reasonably would 862
believe that the conduct or threatened conduct that was the basis 863
of the injunction would serve the public policy that underlies 864
22
the authority that is asserted as permitting that conduct or 865
threatened conduct. 866
(b) If the court of common pleas does not issue an 868
injunction pursuant to division (I)(1) of this section and the 869
court determines at that time that the bringing of the action was 870
frivolous conduct, as defined in division (A) of section 2323.51 871
of the Revised Code, the court shall award to the public body all 872
court costs and reasonable attorney's fees, as determined by the 873
court. 874
(3) Irreparable harm and prejudice to the party that 876
sought the injunction shall be conclusively and irrebuttably 877
presumed upon proof of a violation or threatened violation of 878
this section. 879
(4) A member of a public body who knowingly violates an 881
injunction issued pursuant to division (I)(1) of this section may 882
be removed from office by an action brought in the court of 883
common pleas for that purpose by the prosecuting attorney or the 884
attorney general. 885
(J)(1) Pursuant to division (C) of section 5901.09 of the 887
Revised Code, a veterans service commission shall hold an 888
executive session for one or more of the following purposes 889
unless an applicant requests a public hearing: 890
(a) Interviewing an applicant for financial assistance 892
under sections 5901.01 to 5901.15 of the Revised Code; 893
(b) Discussing applications, statements, and other 895
documents described in division (B) of section 5901.09 of the 896
Revised Code; 897
(c) Reviewing matters relating to an applicant's request 899
for financial assistance under sections 5901.01 to 5901.15 of the 900
Revised Code.
(2) A veterans service commission shall not exclude an 902
applicant for, recipient of, or former recipient of financial 903
assistance under sections 5901.01 to 5901.15 of the Revised Code, 904
and shall not exclude representatives selected by the applicant, 906
23
recipient, or former recipient, from a meeting that the
commission conducts as an executive session that pertains to the 907
applicant's, recipient's, or former recipient's application for 908
financial assistance.
(3) A veterans service commission shall vote on the grant 910
or denial of financial assistance under sections 5901.01 to 911
5901.15 of the Revised Code only in an open meeting of the 913
commission. The minutes of the meeting shall indicate the name, 914
address, and occupation of the applicant, whether the assistance 915
was granted or denied, the amount of the assistance if assistance 916
is granted, and the votes for and against the granting of 917
assistance.
Sec. 121.37. (A)(1) There is hereby created the Ohio 926
family and children first cabinet council. The council shall be 927
composed of the superintendent of public instruction and the 928
directors of youth services, job and family services, mental 930
health, health, alcohol and drug addiction services, mental 931
retardation and developmental disabilities, and budget and 932
management. The chairperson of the council shall be the governor 933
or the governor's designee and shall establish procedures for the 934
council's internal control and management. 935
(2) The purpose of the cabinet council is to help families 937
seeking government services. This section shall not be 938
interpreted or applied to usurp the role of parents, but solely 939
to streamline and coordinate existing government services for 940
families seeking assistance for their children. 941
In seeking to fulfill its purpose, the council may do any 943
of the following: 944
(a) Advise and make recommendations to the governor and 946
general assembly regarding the provision of services to children; 947
(b) Advise and assess local governments on the 949
coordination of service delivery to children; 950
(c) Hold meetings at such times and places as may be 952
prescribed by the council's procedures and maintain records of 953
24
the meetings, except that records identifying individual children 955
are confidential and shall be disclosed only as provided by law; 956
(d) Develop programs and projects, including pilot 958
projects, to encourage coordinated efforts at the state and local 959
level to improve the state's social service delivery system; 961
(e) Enter into contracts with and administer grants to 963
county family and children first councils, as well as other 965
county or multicounty organizations to plan and coordinate 966
service delivery between state agencies and local service 967
providers for families and children; 968
(f) Enter into contracts with and apply for grants from 970
federal agencies or private organizations; 971
(g) Enter into interagency agreements to encourage 974
coordinated efforts at the state and local level to improve the
state's social service delivery system. The agreements may 975
include provisions regarding the receipt, transfer, and 976
expenditure of funds.
(3) The cabinet council shall provide for the following: 979
(a) Reviews of service and treatment plans for children 982
for which such reviews are requested;
(b) Assistance as the council determines to be necessary 986
to meet the needs of children referred by county family and 988
children first councils;
(c) Monitoring and supervision of a statewide, 992
comprehensive, coordinated, multi-disciplinary, interagency 993
system for infants and toddlers with developmental disabilities 994
or delays and their families, as established pursuant to federal 995
grants received and administered by the department of health for 996
early intervention services under the "Education of the 997
Handicapped Act Amendments of 1986," 100 Stat. 1145 (1986), 20 998
U.S.C.A. 1471, as amended. 999
(B)(1) Each BOARD OF county COMMISSIONERS shall establish 1,002
a county family and children first council. A county THE BOARD 1,003
may invite any local public or private agency or group that 1,005
25
funds, advocates, or provides services to children and families
to have a representative become a permanent or temporary member 1,006
of its county council. Each county council must include the 1,008
following individuals: 1,009
(a) At least three individuals whose families are or have 1,011
received services from an agency represented on the council or 1,012
another county's council. Where possible, the number of members 1,013
representing families shall be equal to twenty per cent of the 1,014
council's membership.
(b) The director of the board of alcohol, drug addiction, 1,017
and mental health services that serves the county, or, in the 1,018
case of a county that has a board of alcohol and drug addiction 1,019
services and a community mental health board, the directors of 1,020
both boards. If a board of alcohol, drug addiction, and mental 1,021
health services covers more than one county, the director may 1,022
designate a person to participate on the county's council. 1,023
(c) The health commissioner, or the commissioner's 1,025
designee, of the board of health of each city and general health 1,027
district in the county. If the county has two or more health 1,029
districts, the health commissioner membership may be limited to 1,030
the commissioners of the two districts with the largest 1,031
populations.
(d) The director of the county department of job and 1,033
family services; 1,034
(e) The executive director of the county agency 1,037
responsible for the administration of children services pursuant 1,038
to section 5153.15 of the Revised Code; 1,039
(f) The superintendent of the county board of mental 1,042
retardation and developmental disabilities;
(g) The county's juvenile court judge senior in service or 1,045
another judge of the juvenile court designated by the
administrative judge or, where there is no administrative judge, 1,046
by the judge senior in service; 1,047
(h) The superintendent of the city, exempted village, or 1,050
26
local school district with the largest number of pupils residing 1,051
in the county, as determined by the department of education, 1,052
which shall notify each BOARD OF county COMMISSIONERS of its 1,053
determination at least biennially;
(i) A school superintendent representing all other school 1,056
districts with territory in the county, as designated at a 1,057
biennial meeting of the superintendents of those districts; 1,058
(j) A representative of the municipal corporation with the 1,061
largest population in the county; 1,062
(k) The chair PRESIDENT of the board of county 1,064
commissioners, or an individual designated by the board; 1,065
(l) A representative of the regional office of the 1,067
department of youth services; 1,069
(m) A representative of the county's head start agencies, 1,072
as defined in section 3301.31 of the Revised Code; 1,073
(n) A representative of the county's early intervention 1,076
collaborative established pursuant to the federal early 1,077
intervention program operated under the "Education of the 1,078
Handicapped Act Amendments of 1986"; 1,079
(o) A representative of a local nonprofit entity that 1,082
funds, advocates, or provides services to children and families.
Notwithstanding any other provision of law, the public 1,084
members of a county council are not prohibited from serving on 1,086
the council and making decisions regarding the duties of the 1,087
council, including those involving the funding of joint projects 1,088
and those outlined in the county's service coordination mechanism 1,089
implemented pursuant to division (C) of this section. 1,090
The cabinet council shall establish a state appeals process 1,092
to resolve disputes among the members of a county council 1,093
concerning whether reasonable responsibilities as members are 1,094
being shared. The appeals process may be accessed only by a 1,095
majority vote of the council members who are required to serve on 1,096
the council. Upon appeal, the cabinet council may order that
state funds for services to children and families be redirected 1,097
27
to a county's board of county commissioners. 1,098
(2) A county council shall provide for the following: 1,100
(a) Referrals to the cabinet council of those children for 1,103
whom the county council cannot provide adequate services; 1,104
(b) Development and implementation of a process that 1,106
annually evaluates and prioritizes services, fills service gaps 1,108
where possible, and invents new approaches to achieve better 1,109
results for families and children; 1,110
(c) Participation in the development of a countywide, 1,113
comprehensive, coordinated, multi-disciplinary, interagency 1,114
system for infants and toddlers with developmental disabilities 1,115
or delays and their families, as established pursuant to federal 1,116
grants received and administered by the department of health for 1,117
early intervention services under the "Education of the 1,118
Handicapped Act Amendments of 1986"; 1,119
(d) Maintenance of an accountability system to monitor the 1,123
county council's progress in achieving results for families and 1,124
children;
(e) Establishment of a mechanism to ensure ongoing input 1,128
from a broad representation of families who are receiving
services within the county system. 1,129
(3)(a) Except as provided in division (B)(3)(b) of this 1,132
section, a county council shall comply with the policies, 1,133
procedures, and activities prescribed by the rules or interagency 1,134
agreements of a state department participating on the cabinet 1,135
council whenever the county council performs a function subject 1,137
to those rules or agreements.
(b) On application of a county council, the cabinet 1,140
council may grant an exemption from any rules or interagency 1,141
agreements of a state department participating on the council if 1,142
an exemption is necessary for the council to implement an 1,143
alternative program or approach for service delivery to families 1,144
and children. The application shall describe the proposed 1,145
program or approach and specify the rules or interagency 1,146
28
agreements from which an exemption is necessary. The cabinet 1,148
council shall approve or disapprove the application in accordance 1,149
with standards and procedures it shall adopt. If an application 1,150
is approved, the exemption is effective only while the program or 1,152
approach is being implemented, including a reasonable period 1,153
during which the program or approach is being evaluated for 1,154
effectiveness.
(4)(a) Each county council shall designate an 1,156
administrative agent for the council from among the following 1,157
public entities: the board of alcohol, drug addiction, and 1,158
mental health services, including a board of alcohol and drug 1,159
addiction or a community mental health board if the county is 1,160
served by separate boards; the board of county commissioners; any
board of health of the county's city and general health 1,161
districts; the county department of job and family services; the 1,162
county agency responsible for the administration of children 1,164
services pursuant to section 5153.15 of the Revised Code; the 1,165
county board of mental retardation and developmental 1,166
disabilities; any of the county's boards of education or 1,167
governing boards of educational service centers; or the county's 1,168
juvenile court. Any of the foregoing public entities, other than 1,169
the board of county commissioners, may decline to serve as the 1,170
council's administrative agent.
A county council's administrative agent shall serve as the 1,172
council's appointing authority FOR ANY EMPLOYEES OF THE COUNCIL. 1,173
The council shall file an annual budget with its administrative 1,175
agent, with copies filed with the county auditor and with the
board of county commissioners, unless the board is serving as the 1,176
council's administrative agent. The council's administrative 1,177
agent shall ensure that all expenditures are handled in 1,178
accordance with policies, procedures, and activities prescribed 1,179
by state departments in rules or interagency agreements that are 1,180
applicable to the council's functions.
The administrative agent for a county council may do any of 1,182
29
the following on behalf of the council: 1,183
(a)(i) Enter into agreements or administer contracts with 1,185
public or private entities to fulfill specific council business. 1,187
Such agreements and contracts are exempt from the competitive 1,188
bidding requirements of section 307.86 of the Revised Code if 1,190
they have been approved by the county council and they are for 1,191
the purchase of family and child welfare or child protection 1,192
services or other social or job and family services for families 1,193
and children. The approval of the county council is not required 1,195
to exempt agreements or contracts entered into under section
5139.34, 5139.41, or 5139.43 of the Revised Code from the 1,197
competitive bidding requirements of section 307.86 of the Revised 1,198
Code.
(b)(ii) As determined by the council, provide financial 1,200
stipends, reimbursements, or both, to family representatives for 1,202
expenses related to council activity; 1,203
(c)(iii) Receive by gift, grant, devise, or bequest any 1,205
moneys, lands, or other property for the purposes for which the 1,207
council is established. The agent shall hold, apply, and dispose 1,208
of the moneys, lands, or other property according to the terms of 1,209
the gift, grant, devise, or bequest. Any interest or earnings 1,210
shall be treated in the same manner and are subject to the same
terms as the gift, grant, devise, or bequest from which it 1,211
accrues.
(b)(i) IF THE COUNTY COUNCIL DESIGNATES THE BOARD OF 1,213
COUNTY COMMISSIONERS AS ITS ADMINISTRATIVE AGENT, THE BOARD MAY, 1,214
BY RESOLUTION, DELEGATE ANY OF ITS POWERS AND DUTIES AS 1,215
ADMINISTRATIVE AGENT TO AN EXECUTIVE COMMITTEE THE BOARD 1,216
ESTABLISHES FROM THE MEMBERSHIP OF THE COUNTY COUNCIL. THE BOARD 1,217
SHALL NAME TO THE EXECUTIVE COMMITTEE AT LEAST THE INDIVIDUALS
DESCRIBED IN DIVISIONS (B)(1)(b) THROUGH (h) OF THIS SECTION AND 1,219
MAY APPOINT THE PRESIDENT OF THE BOARD OR ANOTHER INDIVIDUAL AS 1,220
THE CHAIR OF THE EXECUTIVE COMMITTEE.
(ii) THE EXECUTIVE COMMITTEE MAY, WITH THE APPROVAL OF THE 1,222
30
BOARD, HIRE AN EXECUTIVE DIRECTOR TO ASSIST THE COUNTY COUNCIL IN 1,223
ADMINISTERING ITS POWERS AND DUTIES. THE EXECUTIVE DIRECTOR 1,224
SHALL SERVE IN THE UNCLASSIFIED CIVIL SERVICE AT THE PLEASURE OF 1,225
THE EXECUTIVE COMMITTEE. THE EXECUTIVE DIRECTOR MAY, WITH THE 1,226
APPROVAL OF THE EXECUTIVE COMMITTEE, HIRE OTHER EMPLOYEES AS 1,227
NECESSARY TO PROPERLY CONDUCT THE COUNTY COUNCIL'S BUSINESS.
(iii) THE BOARD MAY REQUIRE THE EXECUTIVE COMMITTEE TO 1,229
SUBMIT AN ANNUAL BUDGET TO THE BOARD FOR APPROVAL AND MAY AMEND 1,230
OR REPEAL THE RESOLUTION THAT DELEGATED TO THE EXECUTIVE 1,231
COMMITTEE ITS AUTHORITY AS THE COUNTY COUNCIL'S ADMINISTRATIVE 1,232
AGENT.
(5) Two or more county councils may enter into an 1,234
agreement to administer their county councils jointly by creating 1,236
a regional family and children first council. A regional council
possesses the same duties and authority possessed by a county 1,238
council, except that the duties and authority apply regionally 1,239
rather than to individual counties. Prior to entering into an 1,240
agreement to create a regional council, the members of each 1,241
county council to be part of the regional council shall meet to 1,242
determine whether all or part of the members of each county 1,243
council will serve as members of the regional council. 1,244
(6) A board of county commissioners may approve a 1,246
resolution by a majority vote of the board's members that 1,248
requires the county council to submit a statement to the board 1,249
each time the council proposes to enter into an agreement, adopt 1,250
a plan, or make a decision, other than a decision pursuant to 1,252
section 121.38 of the Revised Code, that requires the expenditure 1,254
of funds for two or more families. The statement shall describe 1,255
the proposed agreement, plan, or decision. 1,256
Not later than fifteen days after the board receives the 1,258
statement, it shall, by resolution approved by a majority of its 1,260
members, approve or disapprove the agreement, plan, or decision. 1,261
Failure of the board to pass a resolution during that time period 1,262
shall be considered approval of the agreement, plan, or decision. 1,263
31
An agreement, plan, or decision for which a statement is 1,265
required to be submitted to the board shall be implemented only 1,266
if it is approved by the board. 1,267
(C) Each county shall develop a county service 1,270
coordination mechanism. The mechanism shall be developed and 1,272
approved with the participation of the county entities 1,273
representing child welfare; mental retardation and developmental 1,274
disabilities; alcohol, drug addiction, and mental health 1,275
services; health; juvenile judges; education; the county family 1,276
and children first council; and the county early intervention 1,278
collaborative established pursuant to the federal early 1,279
intervention program operated under the "Education of the 1,280
Handicapped Act Amendments of 1986." The county shall establish 1,282
an implementation schedule for the mechanism. The cabinet
council may monitor the implementation and administration of each 1,283
county's service coordination mechanism. 1,284
Each mechanism shall include all of the following: 1,288
(1) A procedure for assessing the needs of any child, 1,290
including a child who is an abused, neglected, dependent, unruly, 1,291
or delinquent child and under the jurisdiction of the juvenile 1,292
court or a child whose parent or custodian is voluntarily seeking 1,293
services; 1,294
(2) A procedure for assessing the service needs of the 1,296
family of any child, including a child who is an abused, 1,297
neglected, dependent, unruly, or delinquent child and under the 1,298
jurisdiction of the juvenile court or a child whose parent or 1,299
custodian is voluntarily seeking services; 1,300
(3) A procedure for development of a comprehensive joint 1,302
service plan designating service responsibilities among the 1,305
various state and local agencies that provide services to 1,306
children and their families, including children who are abused, 1,307
neglected, dependent, unruly, or delinquent children and under 1,308
the jurisdiction of the juvenile court and children whose parents 1,309
or custodians are voluntarily seeking services;
32
(4) A local dispute resolution process to serve as the 1,312
process that must be used first to resolve disputes among the 1,313
agencies represented on the county council concerning the 1,314
provision of services to children, including children who are 1,317
abused, neglected, dependent, unruly, or delinquent children and 1,318
under the jurisdiction of the juvenile court and children whose 1,319
parents or custodians are voluntarily seeking services. The 1,320
local dispute resolution process shall comply with section 121.38 1,322
of the Revised Code. The cabinet council shall adopt rules in
accordance with Chapter 119. of the Revised Code establishing an 1,323
administrative review process to address problems that arise 1,325
concerning the operation of a local dispute resolution process. 1,326
Sec. 149.43. (A) As used in this section: 1,335
(1) "Public record" means any record that is kept by any 1,337
public office, including, but not limited to, state, county, 1,338
city, village, township, and school district units, except that 1,340
"public record" does not mean any of the following:
(a) Medical records; 1,342
(b) Records pertaining to probation and parole 1,344
proceedings;
(c) Records pertaining to actions under section 2151.85 1,346
and division (C) of section 2919.121 of the Revised Code and to 1,348
appeals of actions arising under those sections; 1,349
(d) Records pertaining to adoption proceedings, including 1,351
the contents of an adoption file maintained by the department of 1,352
health under section 3705.12 of the Revised Code; 1,353
(e) Information in a record contained in the putative 1,355
father registry established by section 3107.062 of the Revised 1,356
Code, regardless of whether the information is held by the 1,357
department of job and family services or, pursuant to section 1,359
5101.313 of the Revised Code, the division of child support in
the department or a child support enforcement agency; 1,360
(f) Records listed in division (A) of section 3107.42 of 1,362
the Revised Code or specified in division (A) of section 3107.52 1,363
33
of the Revised Code;
(g) Trial preparation records; 1,365
(h) Confidential law enforcement investigatory records; 1,367
(i) Records containing information that is confidential 1,369
under section 2317.023 or 4112.05 of the Revised Code; 1,370
(j) DNA records stored in the DNA database pursuant to 1,373
section 109.573 of the Revised Code;
(k) Inmate records released by the department of 1,375
rehabilitation and correction to the department of youth services 1,377
or a court of record pursuant to division (E) of section 5120.21 1,378
of the Revised Code;
(l) Records maintained by the department of youth services 1,380
pertaining to children in its custody released by the department 1,381
of youth services to the department of rehabilitation and 1,382
correction pursuant to section 5139.05 of the Revised Code; 1,383
(m) Intellectual property records; 1,385
(n) Donor profile records; 1,387
(o) Records maintained by the department of human services 1,389
pursuant to section 5101.312 of the Revised Code; 1,390
(p) Peace officer residential and familial information; 1,392
(q) In the case of a county hospital operated pursuant to 1,395
Chapter 339. of the Revised Code, information that constitutes a 1,397
trade secret, as defined in section 1333.61 of the Revised Code; 1,398
(r) RECORDS PROVIDED TO, STATEMENTS MADE BY REVIEW BOARD 1,400
MEMBERS DURING MEETINGS OF, AND ALL WORK PRODUCTS OF A CHILD 1,401
FATALITY REVIEW BOARD ACTING UNDER SECTIONS 307.621 TO 307.629 OF 1,402
THE REVISED CODE, OTHER THAN THE REPORT PREPARED PURSUANT TO 1,403
SECTION 307.626 OF THE REVISED CODE; 1,404
(s) RECORDS PROVIDED TO AND STATEMENTS MADE BY THE 1,406
EXECUTIVE DIRECTOR OF A PUBLIC CHILDREN SERVICES AGENCY OR A 1,407
PROSECUTING ATTORNEY ACTING PURSUANT TO SECTION 5153.171 OF THE 1,409
REVISED CODE OTHER THAN THE INFORMATION RELEASED UNDER THAT 1,411
SECTION;
(t) Records the release of which is prohibited by state or 1,413
34
federal law. 1,414
(2) "Confidential law enforcement investigatory record" 1,416
means any record that pertains to a law enforcement matter of a 1,417
criminal, quasi-criminal, civil, or administrative nature, but 1,418
only to the extent that the release of the record would create a 1,419
high probability of disclosure of any of the following: 1,420
(a) The identity of a suspect who has not been charged 1,422
with the offense to which the record pertains, or of an 1,423
information source or witness to whom confidentiality has been 1,424
reasonably promised; 1,425
(b) Information provided by an information source or 1,427
witness to whom confidentiality has been reasonably promised, 1,428
which information would reasonably tend to disclose the source's 1,429
or witness's identity; 1,430
(c) Specific confidential investigatory techniques or 1,432
procedures or specific investigatory work product; 1,433
(d) Information that would endanger the life or physical 1,435
safety of law enforcement personnel, a crime victim, a witness, 1,436
or a confidential information source. 1,437
(3) "Medical record" means any document or combination of 1,439
documents, except births, deaths, and the fact of admission to or 1,440
discharge from a hospital, that pertains to the medical history, 1,441
diagnosis, prognosis, or medical condition of a patient and that 1,442
is generated and maintained in the process of medical treatment. 1,443
(4) "Trial preparation record" means any record that 1,445
contains information that is specifically compiled in reasonable 1,446
anticipation of, or in defense of, a civil or criminal action or 1,447
proceeding, including the independent thought processes and 1,448
personal trial preparation of an attorney. 1,449
(5) "Intellectual property record" means a record, other 1,452
than a financial or administrative record, that is produced or
collected by or for faculty or staff of a state institution of 1,453
higher learning in the conduct of or as a result of study or 1,454
research on an educational, commercial, scientific, artistic, 1,455
35
technical, or scholarly issue, regardless of whether the study or 1,456
research was sponsored by the institution alone or in conjunction
with a governmental body or private concern, and that has not 1,458
been publicly released, published, or patented. 1,459
(6) "Donor profile record" means all records about donors 1,461
or potential donors to a public institution of higher education 1,462
except the names and reported addresses of the actual donors and 1,463
the date, amount, and conditions of the actual donation. 1,464
(7) "Peace officer residential and familial information" 1,466
means information that discloses any of the following: 1,467
(a) The address of the actual personal residence of a 1,469
peace officer, except for the state or political subdivision in 1,470
which the peace officer resides; 1,471
(b) Information compiled from referral to or participation 1,473
in an employee assistance program; 1,474
(c) The social security number, the residential telephone 1,476
number, any bank account, debit card, charge card, or credit card 1,477
number, or the emergency telephone number of, or any medical 1,478
information pertaining to, a peace officer; 1,479
(d) The name of any beneficiary of employment benefits, 1,481
including, but not limited to, life insurance benefits, provided 1,483
to a peace officer by the peace officer's employer; 1,484
(e) The identity and amount of any charitable or 1,486
employment benefit deduction made by the peace officer's employer 1,487
from the peace officer's compensation unless the amount of the 1,488
deduction is required by state or federal law; 1,489
(f) The name, the residential address, the name of the 1,491
employer, the address of the employer, the social security 1,492
number, the residential telephone number, any bank account, debit 1,493
card, charge card, or credit card number, or the emergency 1,494
telephone number of the spouse, a former spouse, or any child of 1,495
a peace officer.
As used in divisions (A)(7) and (B)(5) of this section, 1,497
"peace officer" has the same meaning as in section 109.71 of the 1,499
36
Revised Code, except that "peace officer" does not include the 1,500
sheriff of a county or a supervisory employee who, in the absence 1,501
of the sheriff, is authorized to stand in for, exercise the 1,502
authority of, and perform the duties of the sheriff. 1,503
(B)(1) Subject to division (B)(4) of this section, all 1,505
public records shall be promptly prepared and made available for 1,507
inspection to any person at all reasonable times during regular 1,508
business hours. Subject to division (B)(4) of this section, upon 1,509
request, a public office or person responsible for public records 1,510
shall make copies available at cost, within a reasonable period 1,511
of time. In order to facilitate broader access to public 1,512
records, public offices shall maintain public records in a manner 1,513
that they can be made available for inspection in accordance with 1,514
this division.
(2) If any person chooses to obtain a copy of a public 1,516
record in accordance with division (B)(1) of this section, the 1,518
public office or person responsible for the public record shall
permit that person to choose to have the public record duplicated 1,520
upon paper, upon the same medium upon which the public office or 1,521
person responsible for the public record keeps it, or upon any 1,523
other medium upon which the public office or person responsible
for the public record determines that it reasonably can be 1,525
duplicated as an integral part of the normal operations of the 1,526
public office or person responsible for the public record. When 1,527
the person seeking the copy makes a choice under this division, 1,528
the public office or person responsible for the public record 1,529
shall provide a copy of it in accordance with the choice made by 1,531
the person seeking the copy.
(3) Upon a request made in accordance with division (B)(1) 1,533
of this section, a public office or person responsible for public 1,534
records shall transmit a copy of a public record to any person by 1,535
United States mail within a reasonable period of time after 1,536
receiving the request for the copy. The public office or person 1,538
responsible for the public record may require the person making 1,539
37
the request to pay in advance the cost of postage and other 1,540
supplies used in the mailing. 1,541
Any public office may adopt a policy and procedures that it 1,544
will follow in transmitting, within a reasonable period of time 1,545
after receiving a request, copies of public records by United 1,547
States mail pursuant to this division. A public office that 1,549
adopts a policy and procedures under this division shall comply 1,550
with them in performing its duties under this division. 1,551
In any policy and procedures adopted under this division, a 1,553
public office may limit the number of records requested by a 1,554
person that the office will transmit by United States mail to ten 1,555
per month, unless the person certifies to the office in writing 1,556
that the person does not intend to use or forward the requested 1,557
records, or the information contained in them, for commercial 1,559
purposes. For purposes of this division, "commercial" shall be 1,560
narrowly construed and does not include reporting or gathering
news, reporting or gathering information to assist citizen 1,561
oversight or understanding of the operation or activities of 1,562
government, or nonprofit educational research. 1,563
(4) A public office or person responsible for public 1,565
records is not required to permit a person who is incarcerated 1,566
pursuant to a criminal conviction or a juvenile adjudication to 1,567
inspect or to obtain a copy of any public record concerning a 1,568
criminal investigation or prosecution or concerning what would be 1,569
a criminal investigation or prosecution if the subject of the 1,570
investigation or prosecution were an adult, unless the request to 1,571
inspect or to obtain a copy of the record is for the purpose of 1,572
acquiring information that is subject to release as a public 1,573
record under this section and the judge who imposed the sentence 1,574
or made the adjudication with respect to the person, or the 1,575
judge's successor in office, finds that the information sought in 1,576
the public record is necessary to support what appears to be a 1,577
justiciable claim of the person. 1,578
(5) Upon written request made and signed by a journalist 1,580
38
on or after the effective date of this amendment DECEMBER 16, 1,581
1999, a public office, or person responsible for public records, 1,583
having custody of the records of the agency employing a specified 1,584
peace officer shall disclose to the journalist the address of the 1,586
actual personal residence of the peace officer and, if the peace 1,587
officer's spouse, former spouse, or child is employed by a public 1,588
office, the name and address of the employer of the peace 1,589
officer's spouse, former spouse, or child. The request shall 1,590
include the journalist's name and title and the name and address 1,591
of the journalist's employer and shall state that disclosure of 1,592
the information sought would be in the public interest. 1,593
As used in division (B)(5) of this section, "journalist" 1,595
means a person engaged in, connected with, or employed by any 1,596
news medium, including a newspaper, magazine, press association, 1,597
news agency, or wire service, a radio or television station, or a 1,598
similar medium, for the purpose of gathering, processing, 1,599
transmitting, compiling, editing, or disseminating information 1,600
for the general public. 1,601
(C) If a person allegedly is aggrieved by the failure of a 1,603
public office to promptly prepare a public record and to make it 1,605
available to the person for inspection in accordance with
division (B) of this section, or if a person who has requested a 1,607
copy of a public record allegedly is aggrieved by the failure of 1,608
a public office or the person responsible for the public record 1,610
to make a copy available to the person allegedly aggrieved in 1,611
accordance with division (B) of this section, the person 1,612
allegedly aggrieved may commence a mandamus action to obtain a 1,613
judgment that orders the public office or the person responsible 1,614
for the public record to comply with division (B) of this section 1,615
and that awards reasonable attorney's fees to the person that 1,616
instituted the mandamus action. The mandamus action may be 1,617
commenced in the court of common pleas of the county in which 1,618
division (B) of this section allegedly was not complied with, in 1,619
the supreme court pursuant to its original jurisdiction under 1,620
39
Section 2 of Article IV, Ohio Constitution, or in the court of 1,621
appeals for the appellate district in which division (B) of this 1,622
section allegedly was not complied with pursuant to its original 1,623
jurisdiction under Section 3 of Article IV, Ohio Constitution. 1,624
(D) Chapter 1347. of the Revised Code does not limit the 1,626
provisions of this section. 1,627
(E)(1) The bureau of motor vehicles may adopt rules 1,629
pursuant to Chapter 119. of the Revised Code to reasonably limit 1,631
the number of bulk commercial special extraction requests made by
a person for the same records or for updated records during a 1,632
calendar year. The rules may include provisions for charges to 1,633
be made for bulk commercial special extraction requests for the 1,635
actual cost of the bureau, plus special extraction costs, plus 1,636
ten per cent. The bureau may charge for expenses for redacting 1,637
information, the release of which is prohibited by law. 1,638
(2) As used in divisions (B)(3) and (E)(1) of this 1,640
section:
(a) "Actual cost" means the cost of depleted supplies, 1,642
records storage media costs, actual mailing and alternative 1,643
delivery costs, or other transmitting costs, and any direct 1,644
equipment operating and maintenance costs, including actual costs 1,645
paid to private contractors for copying services. 1,646
(b) "Bulk commercial special extraction request" means a 1,648
request for copies of a record for information in a format other 1,649
than the format already available, or information that cannot be 1,650
extracted without examination of all items in a records series, 1,651
class of records, or data base by a person who intends to use or 1,652
forward the copies for surveys, marketing, solicitation, or 1,653
resale for commercial purposes. "Bulk commercial special 1,654
extraction request" does not include a request by a person who 1,655
gives assurance to the bureau that the person making the request 1,656
does not intend to use or forward the requested copies for 1,657
surveys, marketing, solicitation, or resale for commercial 1,658
purposes.
40
(c) "Commercial" means profit-seeking production, buying, 1,660
or selling of any good, service, or other product. 1,661
(d) "Special extraction costs" means the cost of the time 1,663
spent by the lowest paid employee competent to perform the task, 1,664
the actual amount paid to outside private contractors employed by 1,665
the bureau, or the actual cost incurred to create computer 1,666
programs to make the special extraction. "Special extraction 1,667
costs" include any charges paid to a public agency for computer
or records services. 1,668
(3) For purposes of divisions (E)(1) and (2) of this 1,671
section, "commercial surveys, marketing, solicitation, or resale" 1,672
shall be narrowly construed and does not include reporting or
gathering news, reporting or gathering information to assist 1,674
citizen oversight or understanding of the operation or activities 1,675
of government, or nonprofit educational research. 1,676
Sec. 305.14. (A) The court of common pleas, upon the 1,685
application of the prosecuting attorney and the board of county 1,686
commissioners, may authorize the board to employ legal counsel to 1,687
assist the prosecuting attorney, the board, or any other county 1,688
officer in any matter of public business coming before such board 1,689
or officer, and in the prosecution or defense of any action or 1,690
proceeding in which such board or officer is a party or has an 1,691
interest, in its official capacity. 1,692
(B) The board of county commissioners may also employ 1,694
legal counsel, as provided in section 309.09 of the Revised Code, 1,695
to represent it in any matter of public business coming before 1,696
such board, and in the prosecution or defense of any action or 1,697
proceeding in which such board is a party or has an interest, in 1,698
its official capacity. 1,699
(C) Notwithstanding division (A) of this section AND 1,701
EXCEPT AS PROVIDED IN DIVISION (D) OF THIS SECTION, a county 1,702
board of mental retardation and developmental disabilities OR A 1,703
PUBLIC CHILDREN SERVICES AGENCY may, without the authorization of 1,705
the court of common pleas, employ legal counsel to advise it or 1,706
41
to represent it or any of its members or employees in any matter 1,707
of public business coming before the board OR AGENCY or in the 1,708
prosecution or defense of any action or proceeding in which the 1,709
board OR AGENCY in its official capacity, or a board OR AGENCY 1,710
member or employee in his THE MEMBER'S OR EMPLOYEE'S official 1,713
capacity, is a party or has an interest, except that in. 1,714
(D)(1) IN any legal proceeding in which the prosecuting 1,717
attorney is fully able to perform his THE PROSECUTING ATTORNEY'S 1,718
statutory duty to represent the COUNTY board OF MENTAL 1,719
RETARDATION AND DEVELOPMENTAL DISABILITIES OR PUBLIC CHILDREN 1,720
SERVICES AGENCY without conflict of interest, the board OR AGENCY 1,721
shall employ other counsel only with the written consent of the 1,722
prosecuting attorney. In any legal proceeding in which the 1,723
prosecuting attorney is unable, for any reason, to represent the 1,724
board OR AGENCY, he THE PROSECUTING ATTORNEY shall so notify the 1,726
board OR AGENCY, and, EXCEPT AS PROVIDED IN DIVISION (D)(2) OF 1,727
THIS SECTION, the board OR AGENCY may then employ counsel for the 1,729
proceeding without further permission from any authority. 1,730
(2) A PUBLIC CHILDREN SERVICES AGENCY THAT RECEIVES MONEY 1,732
FROM THE COUNTY GENERAL REVENUE FUND MUST OBTAIN THE PERMISSION 1,733
OF THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY SERVED BY THE 1,735
AGENCY BEFORE EMPLOYING COUNSEL UNDER DIVISION (C) OF THIS 1,736
SECTION.
Sec. 307.441. (A) The board of county commissioners of 1,745
each county may procure a policy or policies of insurance 1,746
insuring the county recorder and the clerk of the court of common 1,747
pleas and their deputies against liability on account of errors 1,748
or omissions unknowingly made by them and for which they may be 1,749
held liable. 1,750
The policy or policies of insurance shall be in an amount 1,752
of not less than fifty thousand dollars. 1,753
(B) The board of county commissioners of each county may 1,755
procure a policy or policies of insurance insuring the sheriff 1,756
and his deputies against liability arising from the performance 1,757
42
of their official duties. 1,758
(C) The board of county commissioners of each county may 1,760
procure a policy or policies of insurance insuring the 1,761
prosecuting attorney and assistant prosecuting attorneys against 1,762
liability arising from the performance of their official duties. 1,763
(D) The board of county commissioners of each county may 1,765
procure a policy or policies of insurance insuring the coroner, 1,766
county engineer, county auditor, each county commissioner, and 1,767
the county treasurer and their assistants against liability 1,768
arising from the performance of their official duties. 1,769
(E) The board of county commissioners of each county may 1,771
procure a policy or policies of insurance insuring any county 1,772
employee against liability arising from the performance of his 1,773
THE COUNTY EMPLOYEE'S official duties. 1,774
(F) If the board of county commissioners of any county 1,776
procures a policy or policies of insurance insuring any county 1,777
official against liability arising from the performance of his 1,778
THE COUNTY OFFICIAL'S official duties as provided by divisions 1,780
(A) to (D) of this section, it shall not refuse to procure a 1,781
policy or policies of insurance insuring any other county 1,782
official as authorized in those divisions, if such policy or 1,783
policies are reasonably available. 1,784
(G) The board of county commissioners of any county may 1,786
procure a policy or policies of insurance insuring the county 1,787
director of job and family services, county department of job and 1,789
family services employees, or foster parents CAREGIVERS 1,791
associated with the county department of job and family services, 1,793
against liability arising from the performance of their official 1,794
duties. 1,795
(H) The board of county commissioners of each county may 1,797
procure a policy or policies of insurance insuring the county 1,798
public defender and the members of the county public defender 1,799
commission against liability arising from the performance of 1,800
their official duties. A joint board of county commissioners 1,801
43
formed pursuant to section 120.23 of the Revised Code may, in 1,802
accordance with the agreement of the participating boards of 1,803
county commissioners, procure a policy or policies of insurance 1,804
insuring the joint county public defender and the members of the 1,805
joint county public defender commission against liability arising 1,806
from the performance of their official duties. 1,807
(I) The board of county commissioners of each county may 1,809
procure a policy or policies of insurance insuring the judges of 1,810
the court of common pleas and any county court in the county, and 1,811
the employees of those courts, against liability arising from the 1,812
performance of their official duties. 1,813
Sec. 307.621. A BOARD OF COUNTY COMMISSIONERS SHALL 1,815
APPOINT A HEALTH COMMISSIONER OF THE BOARD OF HEALTH OF A CITY OR 1,817
GENERAL HEALTH DISTRICT THAT IS ENTIRELY OR PARTIALLY LOCATED IN 1,818
THE COUNTY IN WHICH THE BOARD OF COUNTY COMMISSIONERS IS LOCATED 1,819
TO ESTABLISH A CHILD FATALITY REVIEW BOARD TO REVIEW THE DEATHS 1,820
OF CHILDREN UNDER EIGHTEEN YEARS OF AGE. THE BOARDS OF COUNTY
COMMISSIONERS OF TWO OR MORE COUNTIES MAY, BY ADOPTING A JOINT 1,822
RESOLUTION PASSED BY A MAJORITY OF THE MEMBERS OF EACH 1,823
PARTICIPATING BOARD OF COUNTY COMMISSIONERS, CREATE A REGIONAL 1,824
CHILD FATALITY REVIEW BOARD TO SERVE ALL PARTICIPATING COUNTIES. 1,825
THE JOINT RESOLUTION SHALL APPOINT, FOR EACH COUNTY PARTICIPATING
AS PART OF THE REGIONAL REVIEW BOARD, ONE HEALTH COMMISSIONER 1,827
FROM A BOARD OF HEALTH OF A CITY OR GENERAL HEALTH DISTRICT 1,828
LOCATED AT LEAST IN PART IN EACH COUNTY. THE HEALTH
COMMISSIONERS APPOINTED SHALL SELECT ONE OF THEIR NUMBER AS THE 1,829
HEALTH COMMISSIONER TO ESTABLISH THE REGIONAL REVIEW BOARD. THE 1,830
REGIONAL REVIEW BOARD SHALL BE ESTABLISHED IN THE SAME MANNER AS 1,831
PROVIDED FOR SINGLE COUNTY REVIEW BOARDS. 1,832
IN ANY COUNTY THAT HAS A BODY ACTING AS A CHILD FATALITY 1,834
REVIEW BOARD ON THE EFFECTIVE DATE OF THIS SECTION, THE BOARD OF 1,835
COUNTY COMMISSIONERS OF THAT COUNTY, IN LIEU OF HAVING A HEALTH 1,836
COMMISSIONER ESTABLISH A CHILD FATALITY REVIEW BOARD, SHALL 1,837
APPOINT THAT BODY TO FUNCTION AS THE CHILD FATALITY REVIEW BOARD 1,838
44
FOR THE COUNTY. THE BODY SHALL HAVE THE SAME DUTIES, 1,839
OBLIGATIONS, AND PROTECTIONS AS A CHILD FATALITY REVIEW BOARD 1,840
APPOINTED BY A HEALTH COMMISSIONER. THE BOARD OF COUNTY 1,841
COMMISSIONERS OR AN INDIVIDUAL DESIGNATED BY THE BOARD SHALL 1,842
CONVENE THE BODY AS REQUIRED BY SECTION 307.624 OF THE REVISED 1,843
CODE.
Sec. 307.622. (A) THE HEALTH COMMISSIONER OF THE BOARD OF 1,845
HEALTH OF A CITY OR A GENERAL HEALTH DISTRICT WHO IS APPOINTED 1,846
UNDER SECTION 307.621 OF THE REVISED CODE TO ESTABLISH THE CHILD 1,847
FATALITY REVIEW BOARD SHALL SELECT SIX MEMBERS TO SERVE ON THE 1,848
CHILD FATALITY REVIEW BOARD ALONG WITH THE COMMISSIONER. THE 1,850
REVIEW BOARD SHALL CONSIST OF THE FOLLOWING:
(1) A COUNTY CORONER OR DESIGNEE; 1,852
(2) THE CHIEF OF POLICE OF A POLICE DEPARTMENT OR THE 1,855
SHERIFF THAT SERVES THE GREATEST POPULATION IN THE COUNTY OR
REGION OR A DESIGNEE OF THE CHIEF OR SHERIFF; 1,856
(3) THE EXECUTIVE DIRECTOR OF A PUBLIC CHILDREN SERVICES 1,858
AGENCY OR DESIGNEE; 1,859
(4) A PUBLIC HEALTH OFFICIAL OR DESIGNEE; 1,861
(5) THE EXECUTIVE DIRECTOR OF A BOARD OF ALCOHOL, DRUG 1,863
ADDICTION, AND MENTAL HEALTH SERVICES OR DESIGNEE; 1,864
(6) A PHYSICIAN WHO HOLDS A CERTIFICATE ISSUED PURSUANT TO 1,866
CHAPTER 4731. OF THE REVISED CODE AUTHORIZING THE PRACTICE OF 1,868
MEDICINE AND SURGERY OR OSTEOPATHIC MEDICINE AND SURGERY, 1,869
SPECIALIZES IN PEDIATRIC OR FAMILY MEDICINE, AND CURRENTLY 1,870
PRACTICES PEDIATRIC OR FAMILY MEDICINE.
(B) THE MAJORITY OF THE MEMBERS OF A REVIEW BOARD MAY 1,872
INVITE ADDITIONAL MEMBERS TO SERVE ON THE BOARD. THE ADDITIONAL 1,873
MEMBERS INVITED UNDER THIS DIVISION SHALL SERVE FOR A PERIOD OF 1,875
TIME DETERMINED BY A MAJORITY OF THE MEMBERS DESCRIBED IN 1,876
DIVISION (A) OF THIS SECTION. AN ADDITIONAL MEMBER SHALL HAVE 1,877
THE SAME AUTHORITY, DUTIES, AND RESPONSIBILITIES AS MEMBERS
DESCRIBED IN DIVISION (A) OF THIS SECTION. 1,878
(C) A VACANCY IN A CHILD FATALITY REVIEW BOARD SHALL BE 1,880
45
FILLED IN THE SAME MANNER AS THE ORIGINAL APPOINTMENT. 1,882
(D) A CHILD FATALITY REVIEW BOARD MEMBER SHALL NOT RECEIVE 1,885
ANY COMPENSATION FOR, AND SHALL NOT BE PAID FOR ANY EXPENSES 1,886
INCURRED PURSUANT TO, FULFILLING THE MEMBER'S DUTIES ON THE BOARD 1,887
UNLESS COMPENSATION FOR, OR PAYMENT FOR EXPENSES INCURRED 1,888
PURSUANT TO, THOSE DUTIES IS RECEIVED PURSUANT TO A MEMBER'S 1,889
REGULAR EMPLOYMENT. 1,890
Sec. 307.623. THE PURPOSE OF THE CHILD FATALITY REVIEW 1,892
BOARD IS TO DECREASE THE INCIDENCE OF PREVENTABLE CHILD DEATHS BY 1,893
DOING ALL OF THE FOLLOWING: 1,894
(A) PROMOTING COOPERATION, COLLABORATION, AND 1,896
COMMUNICATION BETWEEN ALL GROUPS, PROFESSIONS, AGENCIES, OR 1,898
ENTITIES THAT SERVE FAMILIES AND CHILDREN;
(B) MAINTAINING A COMPREHENSIVE DATABASE OF ALL CHILD 1,900
DEATHS THAT OCCUR IN THE COUNTY OR REGION SERVED BY THE CHILD 1,903
FATALITY REVIEW BOARD IN ORDER TO DEVELOP AN UNDERSTANDING OF THE 1,905
CAUSES AND INCIDENCE OF THOSE DEATHS;
(C) RECOMMENDING AND DEVELOPING PLANS FOR IMPLEMENTING 1,907
LOCAL SERVICE AND PROGRAM CHANGES AND CHANGES TO THE GROUPS, 1,909
PROFESSIONS, AGENCIES, OR ENTITIES THAT SERVE FAMILIES AND 1,910
CHILDREN THAT MIGHT PREVENT CHILD DEATHS;
(D) ADVISING THE DEPARTMENT OF HEALTH OF AGGREGATE DATA, 1,912
TRENDS, AND PATTERNS CONCERNING CHILD DEATHS. 1,913
Sec. 307.624. THE BOARD OF COUNTY COMMISSIONERS, OR IF A 1,915
REGIONAL CHILD FATALITY REVIEW BOARD IS ESTABLISHED, THE GROUP OF 1,916
HEALTH COMMISSIONERS APPOINTED TO SELECT THE HEALTH COMMISSIONER 1,918
TO ESTABLISH THE REGIONAL REVIEW BOARD, SHALL DESIGNATE EITHER 1,919
THE HEALTH COMMISSIONER THAT ESTABLISHES THE REVIEW BOARD OR A 1,920
REPRESENTATIVE OF THE HEALTH COMMISSIONER TO CONVENE MEETINGS AND 1,921
BE THE CHAIRPERSON OF THE REVIEW BOARD. IF A REGIONAL REVIEW 1,922
BOARD INCLUDES A COUNTY WITH MORE THAN ONE HEALTH DISTRICT, THE 1,923
REGIONAL REVIEW BOARD MEETING SHALL BE CONVENED IN THAT COUNTY. 1,924
IF MORE THAN ONE OF THE COUNTIES PARTICIPATING ON THE REGIONAL
REVIEW BOARD HAS MORE THAN ONE HEALTH DISTRICT, THE PERSON 1,925
46
CONVENING THE MEETING SHALL SELECT ONE OF THE COUNTIES WITH MORE 1,926
THAN ONE HEALTH DISTRICT AS THE COUNTY IN WHICH TO CONVENE THE 1,927
MEETING. THE PERSON DESIGNATED TO CONVENE THE REVIEW BOARD SHALL 1,929
CONVENE IT AT LEAST ONCE A YEAR TO REVIEW, IN ACCORDANCE WITH 1,930
THIS SECTION AND THE RULES ADOPTED BY THE DEPARTMENT OF HEALTH 1,931
UNDER SECTION 3701.045 OF THE REVISED CODE, THE DEATHS OF ALL 1,932
CHILDREN UNDER EIGHTEEN YEARS OF AGE WHO, AT THE TIME OF DEATH, 1,933
WERE RESIDENTS OF THE COUNTY OR, IF A REGIONAL REVIEW BOARD, ONE 1,934
OF THE PARTICIPATING COUNTIES.
Sec. 307.625. A CHILD FATALITY REVIEW BOARD MAY NOT 1,936
CONDUCT A REVIEW OF THE DEATH OF A CHILD DESCRIBED IN SECTION 1,938
307.624 OF THE REVISED CODE WHILE AN INVESTIGATION OF THE DEATH 1,939
OR PROSECUTION OF A PERSON FOR CAUSING THE DEATH IS PENDING
UNLESS THE PROSECUTING ATTORNEY AGREES TO ALLOW THE REVIEW. THE 1,940
LAW ENFORCEMENT AGENCY CONDUCTING THE CRIMINAL INVESTIGATION, ON 1,941
THE CONCLUSION OF THE INVESTIGATION, AND THE PROSECUTING ATTORNEY 1,942
PROSECUTING THE CASE, ON THE CONCLUSION OF THE PROSECUTION, SHALL 1,943
NOTIFY THE CHAIRPERSON OF THE REVIEW BOARD OF THE CONCLUSION. 1,944
Sec. 307.626. (A) BY THE FIRST DAY OF APRIL OF EACH YEAR, 1,947
THE PERSON CONVENING THE CHILD FATALITY REVIEW BOARD SHALL
PREPARE AND SUBMIT TO THE OHIO DEPARTMENT OF HEALTH A REPORT THAT 1,949
INCLUDES ALL OF THE FOLLOWING INFORMATION WITH RESPECT TO EACH 1,950
CHILD DEATH THAT WAS REVIEWED BY THE REVIEW BOARD IN THE PREVIOUS 1,951
CALENDAR YEAR:
(1) THE CAUSE OF DEATH; 1,953
(2) FACTORS CONTRIBUTING TO DEATH; 1,955
(3) AGE; 1,957
(4) SEX; 1,959
(5) RACE; 1,961
(6) THE GEOGRAPHIC LOCATION OF DEATH; 1,963
(7) THE YEAR OF DEATH. 1,965
THE REPORT SHALL SPECIFY THE NUMBER OF CHILD DEATHS THAT 1,967
HAVE NOT BEEN REVIEWED SINCE THE EFFECTIVE DATE OF THIS SECTION. 1,968
THE REPORT MAY INCLUDE RECOMMENDATIONS FOR ACTIONS THAT 1,970
47
MIGHT PREVENT OTHER DEATHS, AS WELL AS ANY OTHER INFORMATION THE 1,971
REVIEW BOARD DETERMINES SHOULD BE INCLUDED. 1,972
(B) REPORTS PREPARED UNDER THIS SECTION SHALL BE 1,975
CONSIDERED PUBLIC RECORDS UNDER SECTION 149.43 OF THE REVISED 1,976
CODE.
Sec. 307.627. (A) NOTWITHSTANDING SECTION 3701.243 AND 1,979
ANY OTHER SECTION OF THE REVISED CODE PERTAINING TO 1,980
CONFIDENTIALITY, ANY INDIVIDUAL; PUBLIC CHILDREN SERVICES AGENCY, 1,981
PRIVATE CHILD PLACING AGENCY, OR AGENCY THAT PROVIDES SERVICES 1,982
SPECIFICALLY TO INDIVIDUALS OR FAMILIES; LAW ENFORCEMENT AGENCY; 1,983
OR OTHER PUBLIC OR PRIVATE ENTITY THAT PROVIDED SERVICES TO A 1,984
CHILD WHOSE DEATH IS BEING REVIEWED BY A CHILD FATALITY REVIEW
BOARD, ON THE REQUEST OF THE REVIEW BOARD, SHALL SUBMIT TO THE 1,986
REVIEW BOARD A SUMMARY SHEET OF INFORMATION. WITH RESPECT TO A 1,987
REQUEST MADE TO A HEALTH CARE ENTITY, THE SUMMARY SHEET SHALL 1,988
CONTAIN ONLY INFORMATION AVAILABLE AND REASONABLY DRAWN FROM THE 1,989
CHILD'S MEDICAL RECORD CREATED BY THE HEALTH CARE ENTITY. WITH 1,990
RESPECT TO A REQUEST MADE TO ANY OTHER INDIVIDUAL OR ENTITY, THE 1,991
SUMMARY SHALL CONTAIN ONLY INFORMATION AVAILABLE AND REASONABLY 1,992
DRAWN FROM ANY RECORD INVOLVING THE CHILD THAT THE INDIVIDUAL OR 1,993
ENTITY DEVELOPS IN THE NORMAL COURSE OF BUSINESS. ON THE REQUEST 1,994
OF THE REVIEW BOARD, AN INDIVIDUAL OR ENTITY MAY, AT THE 1,995
INDIVIDUAL OR ENTITY'S DISCRETION, MAKE ANY ADDITIONAL
INFORMATION, DOCUMENTS, OR REPORTS AVAILABLE TO THE REVIEW BOARD. 1,996
FOR PURPOSES OF THE REVIEW, THE REVIEW BOARD SHALL HAVE ACCESS TO 1,998
CONFIDENTIAL INFORMATION PROVIDED TO THE REVIEW BOARD UNDER THIS 2,000
DIVISION OR DIVISION (H)(4) OF SECTION 2151.421 OF THE REVISED 2,001
CODE, AND EACH MEMBER OF THE REVIEW BOARD SHALL PRESERVE THE 2,003
CONFIDENTIALITY OF THAT INFORMATION.
(B) NOTWITHSTANDING DIVISION (A) OF THIS SECTION, NO 2,006
PERSON, ENTITY, LAW ENFORCEMENT AGENCY, OR PROSECUTING ATTORNEY 2,007
SHALL PROVIDE ANY INFORMATION REGARDING THE DEATH OF A CHILD TO A
CHILD FATALITY REVIEW BOARD WHILE AN INVESTIGATION OF THE DEATH 2,009
OR PROSECUTION OF A PERSON FOR CAUSING THE DEATH IS PENDING 2,010
48
UNLESS THE PROSECUTING ATTORNEY HAS AGREED PURSUANT TO SECTION 2,011
307.625 OF THE REVISED CODE TO ALLOW REVIEW OF THE DEATH. 2,012
Sec. 307.628. (A) AN INDIVIDUAL OR PUBLIC OR PRIVATE 2,014
ENTITY PROVIDING INFORMATION, DOCUMENTS, OR REPORTS TO A CHILD 2,015
FATALITY REVIEW BOARD IS IMMUNE FROM ANY CIVIL LIABILITY FOR 2,016
INJURY, DEATH, OR LOSS TO PERSON OR PROPERTY THAT OTHERWISE MIGHT 2,017
BE INCURRED OR IMPOSED AS A RESULT OF PROVIDING THE INFORMATION, 2,018
DOCUMENTS, OR REPORTS TO THE REVIEW BOARD. 2,019
(B) EACH MEMBER OF A REVIEW BOARD IS IMMUNE FROM ANY CIVIL 2,021
LIABILITY FOR INJURY, DEATH, OR LOSS TO PERSON OR PROPERTY THAT 2,023
MIGHT OTHERWISE BE INCURRED OR IMPOSED AS A RESULT OF THE 2,024
MEMBER'S PARTICIPATION ON THE REVIEW BOARD.
Sec. 307.629. (A) EXCEPT AS PROVIDED IN SECTIONS 5153.171 2,026
TO 5153.173 OF THE REVISED CODE, ANY INFORMATION, DOCUMENT, OR 2,027
REPORT PRESENTED TO A CHILD FATALITY REVIEW BOARD, ALL STATEMENTS 2,028
MADE BY REVIEW BOARD MEMBERS DURING MEETINGS OF THE REVIEW BOARD, 2,030
AND ALL WORK PRODUCTS OF THE REVIEW BOARD, OTHER THAN THE REPORT 2,031
PREPARED PURSUANT TO SECTION 307.626 OF THE REVISED CODE, ARE 2,032
CONFIDENTIAL AND SHALL BE USED BY THE REVIEW BOARD AND ITS 2,033
MEMBERS ONLY IN THE EXERCISE OF THE PROPER FUNCTIONS OF THE 2,034
REVIEW BOARD.
(B) NO PERSON SHALL PERMIT OR ENCOURAGE THE UNAUTHORIZED 2,037
DISSEMINATION OF THE CONFIDENTIAL INFORMATION DESCRIBED IN 2,038
DIVISION (A) OF THIS SECTION.
(C) WHOEVER VIOLATES DIVISION (B) OF THIS SECTION IS 2,041
GUILTY OF A MISDEMEANOR OF THE SECOND DEGREE.
Sec. 2101.11. (A)(1) The probate judge shall have the 2,050
care and custody of the files, papers, books, and records 2,051
belonging to the probate court. The probate judge is authorized 2,053
to perform the duties of clerk of the judge's court. The probate 2,055
judge may appoint deputy clerks, stenographers, a bailiff, and 2,056
any other necessary employees, each of whom shall take an oath of 2,057
office before entering upon the duties of the employee's 2,058
appointment and, when so qualified, may perform the duties 2,060
49
appertaining to the office of clerk of the court.
(2)(a) The probate judge shall provide for one or more 2,062
probate court investigators to perform the duties that are 2,063
established for a probate court investigator by the Revised Code 2,064
or the probate judge. The probate judge may provide for an 2,065
investigator in any of the following manners, as the court 2,066
determines is appropriate: 2,067
(i) By appointing a person as a full-time or part-time 2,069
employee of the probate court to serve as investigator, or by 2,070
designating a current full-time or part-time employee of the 2,071
probate court to serve as investigator; 2,072
(ii) By contracting with a person to serve and be 2,074
compensated as investigator only when needed by the probate 2,075
court, as determined by the court, and by designating that person 2,076
as a probate court investigator during the times when the person 2,077
is performing the duties of an investigator for the court; 2,078
(iii) By entering into an agreement with another 2,080
department or agency of the county, including, but not limited 2,081
to, the sheriff's department or the county department of job and 2,083
family services, pursuant to which an employee of the other
department or agency will serve and perform the duties of 2,084
investigator for the court, upon request of the probate judge, 2,085
and designating that employee as a probate court investigator 2,086
during the times when the person is performing the duties of an 2,087
investigator for the court. 2,088
(b) Each person appointed or otherwise designated as a 2,090
probate court investigator shall take an oath of office before 2,091
entering upon the duties of the person's appointment. When so 2,093
qualified, an investigator may perform the duties that are 2,094
established for a probate court investigator by the Revised Code 2,095
or the probate judge. 2,096
(c) Except as otherwise provided in this division, a 2,098
probate court investigator shall hold at least a bachelor's 2,099
degree in social work, psychology, education, special education, 2,100
50
or a related human services field. A probate judge may waive the 2,101
education requirement of this division for a person the judge 2,102
appoints or otherwise designates as a probate court investigator 2,103
if the judge determines that the person has experience in family 2,105
services work that is equivalent to the required education.
(d) Within one year after appointment or designation, a 2,108
probate court investigator shall attend an orientation course of 2,109
at least six hours, and each calendar year after the calendar
year of appointment or designation, a probate court investigator 2,111
shall satisfactorily complete at least six hours of continuing 2,112
education.
(e) For purposes of divisions (A)(4), (B), and (C) of this 2,114
section, a person designated as a probate court investigator 2,115
under division (A)(2)(a)(ii) or (iii) of this section shall be 2,116
considered an appointee of the probate court at any time that the 2,117
person is performing the duties established under the Revised 2,118
Code or by the probate judge for a probate court investigator. 2,119
(3)(a) The probate judge may provide for one or more 2,121
persons to perform the duties of an assessor under sections 2,122
3107.031, 3107.082, 3107.09, and 3107.12 of the Revised Code or 2,125
may enter into agreements with public children services agencies, 2,126
private child placing agencies, or private noncustodial agencies 2,127
under which the agency provides for one or more persons to 2,128
perform the duties of an assessor. A probate judge who provides 2,129
for an assessor shall do so in either of the following manners, 2,131
as the judge considers appropriate:
(i) By appointing a person as a full-time or part-time 2,134
employee of the probate court to serve as assessor, or by 2,135
designating a current full-time or part-time employee of the
probate court to serve as assessor; 2,136
(ii) By contracting with a person to serve and be 2,138
compensated as assessor only when needed by the probate court, as 2,140
determined by the court, and by designating that person as an
assessor during the times when the person is performing the 2,141
51
duties of an assessor for the court. 2,142
(b) Each person appointed or designated as a probate court 2,145
assessor shall take an oath of office before entering on the 2,146
duties of the person's appointment.
(c) A probate court assessor must meet the qualifications 2,149
for an assessor established by section 3107.012 3107.014 of the 2,150
Revised Code.
(d) A probate court assessor shall perform additional 2,153
duties, including duties of an investigator under division (A)(2) 2,154
of this section, when the probate judge assigns additional duties 2,155
to the assessor. 2,156
(e) For purposes of divisions (A)(4), (B), and (C) of this 2,161
section, a person designated as a probate court assessor shall be 2,162
considered an appointee of the probate court at any time that the 2,163
person is performing assessor duties. 2,164
(4) Each appointee of the probate judge may administer 2,166
oaths in all cases when necessary, in the discharge of official 2,168
duties.
(B)(1)(a) Subject to the appropriation made by the board 2,170
of county commissioners pursuant to this division, each appointee 2,171
of a probate judge under division (A) of this section shall 2,172
receive such compensation and expenses as the judge determines 2,173
and shall serve during the pleasure of the judge. The 2,174
compensation of each appointee shall be paid in semimonthly 2,175
installments by the county treasurer from the county treasury, 2,176
upon the warrants of the county auditor, certified to by the 2,177
judge. 2,178
(b) Except as otherwise provided in the Revised Code, the 2,180
total compensation paid to all appointees of the probate judge in 2,181
any calendar year shall not exceed the total fees earned by the 2,182
probate court during the preceding calendar year, unless the 2,183
board of county commissioners approves otherwise. 2,184
(2) The probate judge annually shall submit a written 2,186
request for an appropriation to the board of county commissioners 2,187
52
that shall set forth estimated administrative expenses of the 2,188
court, including the salaries of appointees as determined by the 2,189
judge and any other costs, fees, and expenses, including, but not 2,190
limited to, those enumerated in section 5123.96 of the Revised 2,191
Code, that the judge considers reasonably necessary for the 2,192
operation of the court. The board shall conduct a public hearing 2,193
with respect to the written request submitted by the judge and 2,194
shall appropriate such sum of money each year as it determines, 2,195
after conducting the public hearing and considering the written 2,196
request of the judge, is reasonably necessary to meet all the 2,197
administrative expenses of the court, including the salaries of 2,198
appointees as determined by the judge and any other costs, fees, 2,199
and expenses, including, but not limited to, the costs, fees, and 2,200
expenses enumerated in section 5123.96 of the Revised Code. 2,201
If the judge considers the appropriation made by the board 2,203
pursuant to this division insufficient to meet all the 2,204
administrative expenses of the court, the judge shall commence an 2,206
action under Chapter 2731. of the Revised Code in the court of 2,207
appeals for the judicial district for a determination of the duty 2,208
of the board of county commissioners to appropriate the amount of 2,209
money in dispute. The court of appeals shall give priority to 2,210
the action filed by the probate judge over all cases pending on 2,211
its docket. The burden shall be on the probate judge to prove 2,212
that the appropriation requested is reasonably necessary to meet 2,213
all administrative expenses of the court. If, prior to the 2,214
filing of an action under Chapter 2731. of the Revised Code or 2,215
during the pendency of the action, the judge exercises the 2,216
judge's contempt power in order to obtain the sum of money in 2,218
dispute, the judge shall not order the imprisonment of any member 2,220
of the board of county commissioners notwithstanding sections 2,221
2705.02 to 2705.06 of the Revised Code. 2,222
(C) The probate judge may require any of the judge's 2,224
appointees to give bond in the sum of not less than one thousand 2,226
dollars, conditioned for the honest and faithful performance of 2,227
53
the appointee's duties. The sureties on the bonds shall be 2,229
approved in the manner provided in section 2101.03 of the Revised 2,230
Code.
The judge is personally liable for the default, 2,232
malfeasance, or nonfeasance of any such appointee, but, if a bond 2,233
is required of the appointee, the liability of the judge is 2,234
limited to the amount by which the loss resulting from the 2,235
default, malfeasance, or nonfeasance exceeds the amount of the 2,236
bond. 2,237
All bonds required to be given in the probate court, on 2,239
being accepted and approved by the probate judge, shall be filed 2,240
in the judge's office. 2,241
Sec. 2151.011. (A) As used in the Revised Code: 2,250
(1) "Juvenile court" means the division of the court of 2,252
common pleas or a juvenile court separately and independently 2,253
created having jurisdiction under this chapter. 2,254
(2) "Juvenile judge" means a judge of a court having 2,256
jurisdiction under this chapter. 2,257
(3) "Private child placing agency" means any association, 2,259
as defined in section 5103.02 of the Revised Code, that is 2,260
certified pursuant to section 5103.03 of the Revised Code to 2,263
accept temporary, permanent, or legal custody of children and 2,264
place the children for either foster care or adoption.
(4) "Private noncustodial agency" means any person, 2,266
organization, association, or society certified by the department 2,267
of job and family services that does not accept temporary or 2,269
permanent legal custody of children, that is privately operated 2,270
in this state, and that does one or more of the following: 2,271
(a) Receives and cares for children for two or more 2,273
consecutive weeks; 2,274
(b) Participates in the placement of children in family 2,276
CERTIFIED foster homes; 2,278
(c) Provides adoption services in conjunction with a 2,280
public children services agency or private child placing agency. 2,281
54
(B) As used in this chapter: 2,283
(1) "Adequate parental care" means the provision by a 2,285
child's parent or parents, guardian, or custodian of adequate 2,286
food, clothing, and shelter to ensure the child's health and 2,287
physical safety and the provision by a child's parent or parents 2,288
of specialized services warranted by the child's physical or 2,289
mental needs. 2,290
(2) "Adult" means an individual who is eighteen years of 2,292
age or older. 2,293
(3) "Agreement for temporary custody" means a voluntary 2,295
agreement authorized by section 5103.15 of the Revised Code that 2,297
transfers the temporary custody of a child to a public children 2,298
services agency or a private child placing agency. 2,299
(4) "Babysitting care" means care provided for a child 2,301
while the parents, guardian, or legal custodian of the child are 2,302
temporarily away. 2,303
(5) "Certified family foster home" means a family foster 2,305
home operated by persons holding a certificate in force, issued, 2,307
AS DEFINED IN SECTION 5103.02 OF THE REVISED CODE, CERTIFIED 2,309
under section 5103.03 of the Revised Code. 2,310
(6)(5)(a) "Child" means a person who is under eighteen 2,313
years of age, except as otherwise provided in divisions 2,314
(B)(6)(5)(b) to (f) of this section. 2,315
(b) Subject to division (B)(6)(5)(c) of this section, any 2,318
person who violates a federal or state law or municipal ordinance 2,319
prior to attaining eighteen years of age shall be deemed a
"child" irrespective of that person's age at the time the 2,320
complaint is filed or the hearing on the complaint is held. 2,321
(c) Any person who, while under eighteen years of age, 2,324
commits an act that would be a felony if committed by an adult 2,325
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 2,326
child in relation to that act. 2,327
(d) Any person whose case is transferred for criminal 2,329
55
prosecution pursuant to division (B) or (C) of section 2151.26 of 2,330
the Revised Code shall after the transfer be deemed not to be a 2,331
child in the transferred case. 2,332
(e) Subject to division (B)(6)(5)(f) of this section, any 2,335
person whose case is transferred for criminal prosecution 2,336
pursuant to division (B) or (C) of section 2151.26 of the Revised 2,337
Code and who subsequently is convicted of or pleads guilty to a 2,338
felony in that case shall after the transfer be deemed not to be 2,340
a child in any case in which the person is alleged to have 2,342
committed prior to or subsequent to the transfer an act that 2,344
would be an offense if committed by an adult. Division 2,345
(B)(6)(5)(e) of this section applies to a case regardless of 2,346
whether the prior or subsequent act that is alleged in the case 2,348
and that would be an offense if committed by an adult allegedly 2,349
was committed in the same county in which the case was 2,351
transferred or in another county and regardless of whether the
complaint in the case involved was filed in the same county in 2,352
which the case was transferred or in another county. Division 2,353
(B)(6)(5)(e) of this section applies to a case that involves an 2,355
act committed prior to the transfer only when the prior act 2,356
alleged in the case has not been disposed of by a juvenile court
or trial court. 2,357
(f) Notwithstanding division (B)(6)(5)(e) of this section, 2,360
if a person's case is transferred for criminal prosecution
pursuant to division (B) or (C) of section 2151.26 of the Revised 2,362
Code and if the person subsequently is convicted of or pleads 2,363
guilty to a felony in that case, thereafter, the person shall be
considered a child solely for the following purposes in relation 2,364
to any act the person subsequently commits that would be an 2,365
offense if committed by an adult: 2,366
(i) For purposes of the filing of a complaint alleging 2,368
that the child is a delinquent child for committing the act that 2,369
would be an offense if committed by an adult; 2,370
(ii) For purposes of the juvenile court conducting a 2,372
56
hearing under division (B) of section 2151.26 of the Revised Code 2,374
relative to the complaint described in division (B)(6)(5)(f)(i) 2,375
of this section to determine whether division (B)(1) of section 2,376
2151.26 of the Revised Code applies and requires that the case be 2,378
transferred for criminal prosecution to the appropriate court 2,379
having jurisdiction of the offense.
(7)(6) "Child day camp," "child day-care," "child day-care 2,381
center," "part-time child day-care center," "type A family 2,384
day-care home," "certified type B family day-care home," "type B 2,385
home," "administrator of a child day-care center," "administrator 2,387
of a type A family day-care home," "in-home aide," and 2,388
"authorized provider" have the same meanings as in section 2,389
5104.01 of the Revised Code.
(8)(7) "Child day-care provider" means an individual who 2,391
is a child-care staff member or administrator of a child day-care 2,392
center, a type A family day-care home, or a type B family 2,393
day-care home, or an in-home aide or an individual who is 2,394
licensed, is regulated, is approved, operates under the direction 2,395
of, or otherwise is certified by the department of job and family 2,397
services, department of mental retardation and developmental 2,398
disabilities, or the early childhood programs of the department 2,399
of education. 2,400
(9)(8) "Commit" means to vest custody as ordered by the 2,402
court. 2,403
(10)(9) "Counseling" includes both of the following: 2,405
(a) General counseling services performed by a public 2,408
children services agency or shelter for victims of domestic 2,409
violence to assist a child, a child's parents, and a child's 2,410
siblings in alleviating identified problems that may cause or 2,412
have caused the child to be an abused, neglected, or dependent 2,413
child.
(b) Psychiatric or psychological therapeutic counseling 2,416
services provided to correct or alleviate any mental or emotional 2,418
illness or disorder and performed by a licensed psychiatrist,
57
licensed psychologist, or a person licensed under Chapter 4757. 2,420
of the Revised Code to engage in social work or professional 2,421
counseling.
(11)(10) "Custodian" means a person who has legal custody 2,423
of a child or a public children services agency or private child 2,425
placing agency that has permanent, temporary, or legal custody of 2,426
a child. 2,427
(12)(11) "Detention" means the temporary care of children 2,429
pending court adjudication or disposition, or execution of a 2,430
court order, in a public or private facility designed to 2,431
physically restrict the movement and activities of children. 2,432
(13)(12) "Developmental disability" has the same meaning 2,434
as in section 5123.01 of the Revised Code. 2,436
(14) "Family foster home" means a private residence in 2,438
which children are received apart from their parents, guardian, 2,439
or legal custodian by an individual for hire, gain, or reward for 2,440
nonsecure care, supervision, or training twenty-four hours a day. 2,441
"Family foster home" does not include babysitting care provided 2,442
for a child in the home of a person other than the home of the 2,443
parents, guardian, or legal custodian of the child. 2,444
(15)(13) "Foster home CAREGIVER" means a family home in 2,447
which any child is received apart from the child's parents for 2,448
care, supervision, or training HAS THE SAME MEANING AS IN SECTION 2,450
5103.02 OF THE REVISED CODE. 2,451
(16)(14) "Guardian" means a person, association, or 2,453
corporation that is granted authority by a probate court pursuant 2,454
to Chapter 2111. of the Revised Code to exercise parental rights 2,455
over a child to the extent provided in the court's order and 2,456
subject to the residual parental rights of the child's parents. 2,457
(17)(15) "Legal custody" means a legal status that vests 2,459
in the custodian the right to have physical care and control of 2,460
the child and to determine where and with whom the child shall 2,461
live, and the right and duty to protect, train, and discipline 2,463
the child and to provide the child with food, shelter, education, 2,464
58
and medical care, all subject to any residual parental rights, 2,466
privileges, and responsibilities. An individual granted legal 2,467
custody shall exercise the rights and responsibilities personally 2,468
unless otherwise authorized by any section of the Revised Code or 2,469
by the court. 2,470
(18)(16) "Mental illness" and "mentally ill person subject 2,472
to hospitalization by court order" have the same meanings as in 2,474
section 5122.01 of the Revised Code. 2,475
(19)(17) "Mental injury" means any behavioral, cognitive, 2,477
emotional, or mental disorder in a child caused by an act or 2,478
omission that is described in section 2919.22 of the Revised Code 2,479
and is committed by the parent or other person responsible for 2,481
the child's care.
(20)(18) "Mentally retarded person" has the same meaning 2,483
as in section 5123.01 of the Revised Code. 2,485
(21)(19) "Nonsecure care, supervision, or training" means 2,487
care, supervision, or training of a child in a facility that does 2,488
not confine or prevent movement of the child within the facility 2,489
or from the facility. 2,490
(22)(20) "Organization" means any institution, public, 2,492
semipublic, or private, and any private association, society, or 2,493
agency located or operating in the state, incorporated or 2,494
unincorporated, having among its functions the furnishing of 2,495
protective services or care for children, or the placement of 2,496
children in CERTIFIED foster homes or elsewhere. 2,497
(23)(21) "Out-of-home care" means detention facilities, 2,499
shelter facilities, foster homes, certified foster homes, 2,500
placement in a prospective adoptive home prior to the issuance of 2,501
a final decree of adoption, organizations, certified 2,502
organizations, child day-care centers, type A family day-care 2,503
homes, child day-care provided by type B family day-care home 2,504
providers and by in-home aides, group home providers, group 2,505
homes, institutions, state institutions, residential facilities, 2,506
residential care facilities, residential camps, day camps, 2,507
59
hospitals, and medical clinics that are responsible for the care, 2,508
physical custody, or control of children. 2,509
(24)(22) "Out-of-home care child abuse" means any of the 2,511
following when committed by a person responsible for the care of 2,512
a child in out-of-home care: 2,513
(a) Engaging in sexual activity with a child in the 2,515
person's care; 2,516
(b) Denial to a child, as a means of punishment, of proper 2,518
or necessary subsistence, education, medical care, or other care 2,519
necessary for a child's health; 2,520
(c) Use of restraint procedures on a child that cause 2,522
injury or pain; 2,523
(d) Administration of prescription drugs or psychotropic 2,525
medication to the child without the written approval and ongoing 2,526
supervision of a licensed physician; 2,527
(e) Commission of any act, other than by accidental means, 2,529
that results in any injury to or death of the child in 2,530
out-of-home care or commission of any act by accidental means 2,531
that results in an injury to or death of a child in out-of-home 2,532
care and that is at variance with the history given of the injury 2,533
or death.
(25)(23) "Out-of-home care child neglect" means any of the 2,535
following when committed by a person responsible for the care of 2,536
a child in out-of-home care: 2,537
(a) Failure to provide reasonable supervision according to 2,539
the standards of care appropriate to the age, mental and physical 2,540
condition, or other special needs of the child; 2,541
(b) Failure to provide reasonable supervision according to 2,543
the standards of care appropriate to the age, mental and physical 2,544
condition, or other special needs of the child, that results in 2,545
sexual or physical abuse of the child by any person; 2,546
(c) Failure to develop a process for all of the following: 2,548
(i) Administration of prescription drugs or psychotropic 2,550
drugs for the child; 2,551
60
(ii) Assuring that the instructions of the licensed 2,553
physician who prescribed a drug for the child are followed; 2,554
(iii) Reporting to the licensed physician who prescribed 2,556
the drug all unfavorable or dangerous side effects from the use 2,557
of the drug. 2,558
(d) Failure to provide proper or necessary subsistence, 2,560
education, medical care, or other individualized care necessary 2,561
for the health or well-being of the child; 2,562
(e) Confinement of the child to a locked room without 2,564
monitoring by staff; 2,565
(f) Failure to provide ongoing security for all 2,567
prescription and nonprescription medication; 2,568
(g) Isolation of a child for a period of time when there 2,570
is substantial risk that the isolation, if continued, will impair 2,571
or retard the mental health or physical well-being of the child. 2,572
(26)(24) "Permanent custody" means a legal status that 2,574
vests in a public children services agency or a private child 2,575
placing agency, all parental rights, duties, and obligations, 2,576
including the right to consent to adoption, and divests the 2,577
natural parents or adoptive parents of all parental rights, 2,578
privileges, and obligations, including all residual rights and 2,579
obligations.
(27) "Planned permanent living arrangement" means an order 2,582
of a juvenile court pursuant to which both of the following 2,583
apply:
(a) The court gives legal custody of a child to a public 2,585
children services agency or a private child placing agency 2,586
without the termination of parental rights. 2,587
(b) The order permits the agency to make an appropriate 2,589
placement of the child and to enter into a written agreement with 2,592
a foster care provider or with another person or agency with whom 2,593
the child is placed.
(28)(25) "Permanent surrender" means the act of the 2,595
parents or, if a child has only one parent, of the parent of a 2,596
61
child, by a voluntary agreement authorized by section 5103.15 of 2,598
the Revised Code, to transfer the permanent custody of the child
to a public children services agency or a private child placing 2,599
agency. 2,600
(29)(26) "Person responsible for a child's care in 2,602
out-of-home care" means any of the following: 2,604
(a) Any foster parent CAREGIVER, in-home aide, or 2,606
provider;
(b) Any administrator, employee, or agent of any of the 2,608
following: a public or private detention facility; shelter 2,609
facility; organization; certified organization; child day-care 2,610
center; type A family day-care home; certified type B family 2,611
day-care home; group home; institution; state institution; 2,612
residential facility; residential care facility; residential 2,613
camp; day camp; hospital; or medical clinic; 2,614
(c) Any other person who performs a similar function with 2,616
respect to, or has a similar relationship to, children. 2,617
(30)(27) "Physically impaired" means having one or more of 2,619
the following conditions that substantially limit one or more of 2,620
an individual's major life activities, including self-care, 2,621
receptive and expressive language, learning, mobility, and 2,622
self-direction:
(a) A substantial impairment of vision, speech, or 2,624
hearing;
(b) A congenital orthopedic impairment; 2,626
(c) An orthopedic impairment caused by disease, rheumatic 2,629
fever or any other similar chronic or acute health problem, or 2,630
amputation or another similar cause.
(31)(28) "Placement for adoption" means the arrangement by 2,632
a public children services agency or a private child placing 2,633
agency with a person for the care and adoption by that person of 2,634
a child of whom the agency has permanent custody. 2,635
(32)(29) "Placement in foster care" means the arrangement 2,638
by a public children services agency or a private child placing
62
agency for the out-of-home care of a child of whom the agency has 2,639
temporary custody or permanent custody. 2,640
(33)(30) "PLANNED PERMANENT LIVING ARRANGEMENT" MEANS AN 2,643
ORDER OF A JUVENILE COURT PURSUANT TO WHICH BOTH OF THE FOLLOWING 2,644
APPLY:
(a) THE COURT GIVES LEGAL CUSTODY OF A CHILD TO A PUBLIC 2,646
CHILDREN SERVICES AGENCY OR A PRIVATE CHILD PLACING AGENCY 2,647
WITHOUT THE TERMINATION OF PARENTAL RIGHTS. 2,648
(b) THE ORDER PERMITS THE AGENCY TO MAKE AN APPROPRIATE 2,650
PLACEMENT OF THE CHILD AND TO ENTER INTO A WRITTEN AGREEMENT WITH 2,653
A FOSTER CARE PROVIDER OR WITH ANOTHER PERSON OR AGENCY WITH WHOM 2,654
THE CHILD IS PLACED.
(31) "Practice of social work" and "practice of 2,656
professional counseling" have the same meanings as in section 2,657
4757.01 of the Revised Code. 2,658
(34)(32) "Probation" means a legal status created by court 2,660
order following an adjudication that a child is a delinquent 2,661
child, a juvenile traffic offender, or an unruly child, whereby 2,662
the child is permitted to remain in the parent's, guardian's, or 2,663
custodian's home subject to supervision, or under the supervision 2,664
of any agency designated by the court and returned to the court 2,665
for violation of probation at any time during the period of 2,666
probation. 2,667
(35)(33) "Protective supervision" means an order of 2,669
disposition pursuant to which the court permits an abused, 2,670
neglected, dependent, unruly, or delinquent child or a juvenile 2,671
traffic offender to remain in the custody of the child's parents, 2,672
guardian, or custodian and stay in the child's home, subject to 2,673
any conditions and limitations upon the child, the child's 2,675
parents, guardian, or custodian, or any other person that the 2,677
court prescribes, including supervision as directed by the court 2,678
for the protection of the child. 2,679
(36)(34) "Psychiatrist" has the same meaning as in section 2,681
5122.01 of the Revised Code. 2,682
63
(37)(35) "Psychologist" has the same meaning as in section 2,684
4732.01 of the Revised Code. 2,685
(38)(36) "Residential camp" means a program in which the 2,687
care, physical custody, or control of children is accepted 2,690
overnight for recreational or recreational and educational 2,691
purposes.
(39)(37) "Residential care facility" means an institution, 2,693
residence, or facility that is licensed by the department of 2,694
mental health under section 5119.22 of the Revised Code and that 2,695
provides care for a child. 2,696
(40)(38) "Residential facility" means a home or facility 2,698
that is licensed by the department of mental retardation and 2,699
developmental disabilities under section 5123.19 of the Revised 2,700
Code and in which a child with a developmental disability 2,701
resides. 2,702
(41)(39) "Residual parental rights, privileges, and 2,704
responsibilities" means those rights, privileges, and 2,705
responsibilities remaining with the natural parent after the 2,706
transfer of legal custody of the child, including, but not 2,707
necessarily limited to, the privilege of reasonable visitation, 2,708
consent to adoption, the privilege to determine the child's 2,709
religious affiliation, and the responsibility for support. 2,710
(42)(40) "Secure correctional facility" means a facility 2,712
under the direction of the department of youth services that is 2,713
designed to physically restrict the movement and activities of 2,714
children and used for the placement of children after 2,715
adjudication and disposition.
(43)(41) "Sexual activity" has the same meaning as in 2,717
section 2907.01 of the Revised Code. 2,718
(44)(42) "Shelter" means the temporary care of children in 2,720
physically unrestricted facilities pending court adjudication or 2,721
disposition. 2,722
(45)(43) "Shelter for victims of domestic violence" has 2,724
the same meaning as in section 3113.33 of the Revised Code. 2,725
64
(46)(44) "Temporary custody" means legal custody of a 2,727
child who is removed from the child's home, which custody may be 2,728
terminated at any time at the discretion of the court or, if the 2,730
legal custody is granted in an agreement for temporary custody, 2,731
by the person who executed the agreement. 2,732
(C) For the purposes of this chapter, a child shall be 2,734
presumed abandoned when the parents of the child have failed to 2,735
visit or maintain contact with the child for more than ninety 2,736
days, regardless of whether the parents resume contact with the 2,737
child after that period of ninety days. 2,738
Sec. 2151.312. (A) Except as provided in divisions (B) 2,747
and (F) of this section, a child alleged to be or adjudicated a 2,748
delinquent child, an unruly child, or a juvenile traffic offender 2,749
may be held only in the following places: 2,750
(1) A certified family foster home or a home approved by 2,752
the court; 2,753
(2) A facility operated by a certified child welfare 2,755
agency; 2,756
(3) Any other suitable place designated by the court. 2,758
(B) In addition to the places listed in division (A) of 2,760
this section, a child alleged to be or adjudicated a delinquent 2,761
child may be held in a detention home or center for delinquent 2,762
children that is under the direction or supervision of the court 2,763
or other public authority or of a private agency and approved by 2,764
the court.
(C)(1) Except as provided under division (C)(1) of section 2,766
2151.311 of the Revised Code or division (A)(6) of section 2,767
2151.356 of the Revised Code, a child alleged to be or 2,769
adjudicated a neglected child, an abused child, a dependent
child, an unruly child, or a juvenile traffic offender may not be 2,770
held in any of the following facilities: 2,771
(a) A state correctional institution, county, multicounty, 2,774
or municipal jail or workhouse, or other place in which an adult 2,775
convicted of crime, under arrest, or charged with a crime is 2,776
65
held.
(b) A secure correctional facility. 2,778
(2) Except as provided under sections 2151.56 to 2151.61 2,780
and division (A)(6) of section 2151.356 of the Revised Code and 2,781
division (C)(3) of this section, a child alleged to be or 2,782
adjudicated an unruly child or a juvenile traffic offender may 2,783
not be held for more than twenty-four hours in a detention home. 2,784
A child alleged to be or adjudicated a neglected child, an abused 2,785
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 2,787
unruly child and who is taken into custody on a Saturday, Sunday, 2,789
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 2,790
that is not a Saturday, Sunday, or legal holiday. 2,791
(D) Except as provided in division (F) of this section or 2,793
in division (C) of section 2151.311, in division (C)(2) of 2,794
section 5139.06 and section 5120.162, or in division (B) of 2,796
section 5120.16 of the Revised Code, a child who is alleged to be 2,797
or is adjudicated a delinquent child may not be held in a state 2,798
correctional institution, county, multicounty, or municipal jail 2,799
or workhouse, or other place where an adult convicted of crime, 2,800
under arrest, or charged with crime is held. 2,801
(E) Unless the detention is pursuant to division (F) of 2,803
this section or division (C) of section 2151.311, division (C)(2) 2,805
of section 5139.06 and section 5120.162, or division (B) of 2,807
section 5120.16 of the Revised Code, the official in charge of 2,808
the institution, jail, workhouse, or other facility shall inform 2,809
the court immediately when a child, who is or appears to be under 2,810
the age of eighteen years, is received at the facility, and shall 2,811
deliver the child to the court upon request or transfer the child 2,812
to a detention facility designated by the court. 2,813
(F) If a case is transferred to another court for criminal 2,815
prosecution pursuant to section 2151.26 of the Revised Code, the 2,816
66
child may be transferred for detention pending the criminal 2,817
prosecution in a jail or other facility in accordance with the 2,818
law governing the detention of persons charged with crime. Any 2,819
child so held shall be confined in a manner that keeps the child 2,820
beyond the range of touch of all adult detainees. The child 2,821
shall be supervised at all times during the detention. 2,822
Sec. 2151.331. A child alleged to be or adjudicated an 2,831
abused, neglected, dependent, or unruly child or a juvenile 2,832
traffic offender may be detained after a complaint is filed in a 2,833
certified family foster home for a period not exceeding sixty 2,835
days or until the final disposition of the case, whichever comes 2,836
first. The court also may arrange with a public children 2,837
services agency or private child placing agency to receive, or 2,838
with a private noncustodial agency for temporary care of, the 2,839
child within the jurisdiction of the court. A child alleged to
be or adjudicated an unruly child also may be assigned to an 2,840
alternative diversion program established by the court for a 2,841
period not exceeding sixty days after a complaint is filed or 2,842
until final disposition of the case, whichever comes first. 2,843
If the court arranges for the board of a child temporarily 2,845
detained in a certified family foster home or arranges for the 2,846
board of a child through a private child placing agency, the 2,849
board of county commissioners shall pay a reasonable sum, which 2,850
the court shall fix, for the board of the child. In order to
have certified family foster homes available for service, an 2,851
agreed monthly subsidy may be paid in addition to a fixed rate 2,853
per day for care of a child actually residing in the certified 2,854
family foster home.
Sec. 2151.34. A child who is alleged to be or adjudicated 2,863
a delinquent child may be confined in a place of juvenile 2,865
detention for a period not to exceed ninety days, during which 2,866
time a social history may be prepared to include court record, 2,867
family history, personal history, school and attendance records, 2,868
and any other pertinent studies and material that will be of 2,869
67
assistance to the juvenile court in its disposition of the 2,870
charges against that juvenile offender.
Upon the advice and recommendation of the judge, the board 2,872
of county commissioners shall provide, by purchase, lease, 2,873
construction, or otherwise, a place to be known as a detention 2,874
home that shall be within a convenient distance of the juvenile 2,875
court and shall not be used for the confinement of adults charged 2,876
with criminal offenses and in which delinquent children may be 2,877
detained until final disposition. Upon the joint advice and 2,879
recommendation of the juvenile judges of two or more adjoining or 2,880
neighboring counties, the boards of county commissioners of the 2,881
counties shall form themselves into a joint board and proceed to 2,882
organize a district for the establishment and support of a 2,883
detention home for the use of the juvenile courts of those 2,884
counties, in which delinquent children may be detained until 2,885
final disposition, by using a site or buildings already 2,886
established in one of the counties or by providing for the 2,887
purchase of a site and the erection of the necessary buildings on 2,888
the site.
A child who is adjudicated to be a juvenile traffic 2,890
offender for having committed a violation of division (A) of 2,891
section 4511.19 of the Revised Code or of a municipal ordinance 2,892
that is substantially comparable to that division may be confined 2,893
in a detention home or district detention home pursuant to 2,894
division (A)(6) of section 2151.356 of the Revised Code, provided 2,895
the child is kept separate and apart from alleged delinquent 2,896
children.
The county or district detention home shall be maintained 2,898
as provided in sections 2151.01 to 2151.54 of the Revised Code. 2,899
In any county in which there is no detention home or that is not 2,900
served by a district detention home, the board of county 2,901
commissioners shall provide funds for the boarding of such 2,902
children temporarily in private homes. Children who are alleged 2,903
to be or have been adjudicated delinquent children may be 2,904
68
detained after a complaint is filed in the detention home until 2,905
final disposition of their cases or in certified family foster 2,906
homes or in any other home approved by the court, if any are 2,907
available, for a period not exceeding sixty days or until final 2,908
disposition of their cases, whichever comes first. The court 2,909
also may arrange with any public children services agency or 2,910
private child placing agency to receive, or private noncustodial 2,911
agency for temporary care of, the children within the 2,912
jurisdiction of the court. A district detention home approved 2,913
for such purpose by the department of youth services under 2,914
section 5139.281 of the Revised Code may receive children 2,915
committed to its temporary custody under section 2151.355 of the 2,916
Revised Code and provide the care, treatment, and training 2,917
required.
If a detention home is established as an agency of the 2,919
court or a district detention home is established by the courts 2,920
of several counties as provided in this section, it shall be 2,921
furnished and carried on, as far as possible, as a family home in 2,922
charge of a superintendent or matron in a nonpunitive neutral 2,923
atmosphere. The judge, or the directing board of a district 2,924
detention home, may appoint a superintendent, a matron, and other 2,925
necessary employees for the home and fix their salaries. During 2,926
the school year, when possible, a comparable educational program 2,927
with competent and trained staff shall be provided for those 2,928
children of school age. A sufficient number of trained 2,929
recreational personnel shall be included among the staff to 2,930
assure wholesome and profitable leisure-time activities. Medical 2,931
and mental health services shall be made available to ensure the 2,932
courts all possible treatment facilities shall be given to those 2,933
children placed under their care. In the case of a county 2,934
detention home, the salaries shall be paid in the same manner as 2,935
is provided by section 2151.13 of the Revised Code for other 2,936
employees of the court, and the necessary expenses incurred in 2,937
maintaining the detention home shall be paid by the county. In 2,938
69
the case of a district detention home, the salaries and the 2,939
necessary expenses incurred in maintaining the district detention 2,940
home shall be paid as provided in sections 2151.341 to 2151.3415 2,941
of the Revised Code. 2,942
If the court arranges for the board of children temporarily 2,944
detained in family CERTIFIED foster homes or arranges for the 2,945
board of those children through any private child placing agency, 2,947
a reasonable sum to be fixed by the court for the board of those 2,948
children shall be paid by the county. In order to have family 2,949
CERTIFIED foster homes available for service, an agreed monthly 2,951
subsidy may be paid and a fixed rate per day for care of children 2,952
actually residing in the family CERTIFIED foster home. 2,953
Sec. 2151.353. (A) If a child is adjudicated an abused, 2,962
neglected, or dependent child, the court may make any of the 2,963
following orders of disposition: 2,964
(1) Place the child in protective supervision; 2,966
(2) Commit the child to the temporary custody of a public 2,968
children services agency, a private child placing agency, either 2,969
parent, a relative residing within or outside the state, or a 2,970
probation officer for placement in a certified family foster home 2,972
or in any other home approved by the court;
(3) Award legal custody of the child to either parent or 2,974
to any other person who, prior to the dispositional hearing, 2,975
files a motion requesting legal custody of the child; 2,976
(4) Commit the child to the permanent custody of a public 2,978
children services agency or private child placing agency, if the 2,979
court determines in accordance with division (E) of section 2,980
2151.414 of the Revised Code that the child cannot be placed with 2,981
one of the child's parents within a reasonable time or should not 2,982
be placed with either parent and determines in accordance with 2,983
division (D) of section 2151.414 of the Revised Code that the 2,984
permanent commitment is in the best interest of the child. If 2,985
the court grants permanent custody under this division, the 2,986
court, upon the request of any party, shall file a written 2,987
70
opinion setting forth its findings of fact and conclusions of law 2,988
in relation to the proceeding. 2,989
(5) Place the child in a planned permanent living 2,992
arrangement with a public children services agency or private 2,993
child placing agency, if a public children services agency or 2,994
private child placing agency requests the court to place the 2,995
child in a planned permanent living arrangement and if the court 2,996
finds, by clear and convincing evidence, that a planned permanent 2,998
living arrangement is in the best interest of the child and that 3,000
one of the following exists:
(a) The child, because of physical, mental, or 3,002
psychological problems or needs, is unable to function in a 3,003
family-like setting and must remain in residential or 3,004
institutional care. 3,005
(b) The parents of the child have significant physical, 3,007
mental, or psychological problems and are unable to care for the 3,008
child because of those problems, adoption is not in the best 3,009
interest of the child, as determined in accordance with division 3,010
(D) of section 2151.414 of the Revised Code, and the child 3,011
retains a significant and positive relationship with a parent or 3,012
relative. 3,013
(c) The child is sixteen years of age or older, has been 3,015
counseled on the permanent placement options available to the 3,016
child, is unwilling to accept or unable to adapt to a permanent 3,017
placement, and is in an agency program preparing the child for 3,018
independent living.
(6) Order the removal from the child's home until further 3,021
order of the court of the person who committed abuse as described 3,022
in section 2151.031 of the Revised Code against the child, who 3,023
caused or allowed the child to suffer neglect as described in 3,024
section 2151.03 of the Revised Code, or who is the parent, 3,025
guardian, or custodian of a child who is adjudicated a dependent 3,026
child and order any person not to have contact with the child or 3,027
the child's siblings. 3,028
71
(B) No order for permanent custody or temporary custody of 3,030
a child or the placement of a child in a planned permanent living 3,032
arrangement shall be made pursuant to this section unless the 3,033
complaint alleging the abuse, neglect, or dependency contains a 3,034
prayer requesting permanent custody, temporary custody, or the 3,035
placement of the child in a planned permanent living arrangement 3,037
as desired, the summons served on the parents of the child 3,038
contains as is appropriate a full explanation that the granting 3,039
of an order for permanent custody permanently divests them of 3,040
their parental rights, a full explanation that an adjudication 3,041
that the child is an abused, neglected, or dependent child may 3,042
result in an order of temporary custody that will cause the 3,043
removal of the child from their legal custody until the court 3,044
terminates the order of temporary custody or permanently divests 3,045
the parents of their parental rights, or a full explanation that 3,046
the granting of an order for a planned permanent living
arrangement will result in the removal of the child from their 3,048
legal custody if any of the conditions listed in divisions 3,049
(A)(5)(a) to (c) of this section are found to exist, and the 3,050
summons served on the parents contains a full explanation of 3,051
their right to be represented by counsel and to have counsel 3,052
appointed pursuant to Chapter 120. of the Revised Code if they 3,053
are indigent. 3,054
If after making disposition as authorized by division 3,056
(A)(2) of this section, a motion is filed that requests permanent 3,057
custody of the child, the court may grant permanent custody of 3,058
the child to the movant in accordance with section 2151.414 of 3,059
the Revised Code. 3,060
(C) If the court issues an order for protective 3,062
supervision pursuant to division (A)(1) of this section, the 3,063
court may place any reasonable restrictions upon the child, the 3,064
child's parents, guardian, or custodian, or any other person, 3,065
including, but not limited to, any of the following: 3,066
(1) Order a party, within forty-eight hours after the 3,068
72
issuance of the order, to vacate the child's home indefinitely or 3,069
for a specified period of time; 3,070
(2) Order a party, a parent of the child, or a physical 3,072
custodian of the child to prevent any particular person from 3,073
having contact with the child; 3,074
(3) Issue an order restraining or otherwise controlling 3,076
the conduct of any person which conduct would not be in the best 3,077
interest of the child. 3,078
(D) As part of its dispositional order, the court shall 3,080
journalize a case plan for the child. The journalized case plan 3,081
shall not be changed except as provided in section 2151.412 of 3,082
the Revised Code. 3,083
(E)(1) The court shall retain jurisdiction over any child 3,085
for whom the court issues an order of disposition pursuant to 3,086
division (A) of this section or pursuant to section 2151.414 or 3,087
2151.415 of the Revised Code until the child attains the age of 3,088
eighteen YEARS if the child is not mentally retarded, 3,090
developmentally disabled, or physically impaired, the child 3,091
attains the age of twenty-one YEARS if the child is mentally
retarded, developmentally disabled, or physically impaired, or 3,093
the child is adopted and a final decree of adoption is issued, 3,094
except that the court may retain jurisdiction over the child and 3,095
continue any order of disposition under division (A) of this 3,096
section or under section 2151.414 or 2151.415 of the Revised Code 3,097
for a specified period of time to enable the child to graduate 3,098
from high school or vocational school. The court shall make an 3,099
entry continuing its jurisdiction under this division in the 3,100
journal.
(2) Any public children services agency, any private child 3,102
placing agency, the department of job and family services, or any 3,104
party, other than any parent whose parental rights with respect 3,105
to the child have been terminated pursuant to an order issued 3,106
under division (A)(4) of this section, by filing a motion with 3,107
the court, may at any time request the court to modify or 3,108
73
terminate any order of disposition issued pursuant to division 3,109
(A) of this section or section 2151.414 or 2151.415 of the 3,110
Revised Code. The court shall hold a hearing upon the motion as 3,111
if the hearing were the original dispositional hearing and shall 3,112
give all parties to the action and the guardian ad litem notice 3,113
of the hearing pursuant to the Juvenile Rules. If applicable, 3,114
the court shall comply with section 2151.42 of the Revised Code. 3,115
(F) Any temporary custody order issued pursuant to 3,117
division (A) of this section shall terminate one year after the 3,118
earlier of the date on which the complaint in the case was filed 3,119
or the child was first placed into shelter care, except that, 3,120
upon the filing of a motion pursuant to section 2151.415 of the 3,121
Revised Code, the temporary custody order shall continue and not 3,122
terminate until the court issues a dispositional order under that 3,123
section. 3,124
(G)(1) No later than one year after the earlier of the 3,126
date the complaint in the case was filed or the child was first 3,127
placed in shelter care, a party may ask the court to extend an 3,128
order for protective supervision for six months or to terminate 3,129
the order. A party requesting extension or termination of the 3,130
order shall file a written request for the extension or
termination with the court and give notice of the proposed 3,131
extension or termination in writing before the end of the day 3,132
after the day of filing it to all parties and the child's 3,133
guardian ad litem. If a public children services agency or 3,134
private child placing agency requests termination of the order,
the agency shall file a written status report setting out the 3,135
facts supporting termination of the order at the time it files 3,136
the request with the court. If no party requests extension or 3,137
termination of the order, the court shall notify the parties that 3,138
the court will extend the order for six months or terminate it 3,139
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 3,140
have seven days from the date a notice is sent pursuant to this 3,141
74
division to object to and request a hearing on the proposed 3,142
extension or termination.
(a) If it receives a timely request for a hearing, the 3,144
court shall schedule a hearing to be held no later than thirty 3,145
days after the request is received by the court. The court shall 3,146
give notice of the date, time, and location of the hearing to all 3,147
parties and the guardian ad litem. At the hearing, the court 3,148
shall determine whether extension or termination of the order is 3,149
in the child's best interest. If termination is in the child's
best interest, the court shall terminate the order. If extension 3,150
is in the child's best interest, the court shall extend the order 3,151
for six months.
(b) If it does not receive a timely request for a hearing, 3,153
the court may extend the order for six months or terminate it 3,154
without a hearing and shall journalize the order of extension or 3,155
termination not later than fourteen days after receiving the 3,156
request for extension or termination or after the date the court 3,157
notifies the parties that it will extend or terminate the order. 3,158
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 3,159
expiration of the applicable fourteen-day time period and give 3,160
notice of the date, time, and location of the hearing to all 3,161
parties and the child's guardian ad litem. At the hearing, the 3,162
court shall determine whether extension or termination of the 3,163
order is in the child's best interest. If termination is in the
child's best interest, the court shall terminate the order. If 3,164
extension is in the child's best interest, the court shall issue 3,165
an order extending the order for protective supervision six 3,166
months.
(2) If the court grants an extension of the order for 3,168
protective supervision pursuant to division (G)(1) of this 3,169
section, a party may, prior to termination of the extension, file 3,170
with the court a request for an additional extension of six 3,171
months or for termination of the order. The court and the 3,172
75
parties shall comply with division (G)(1) of this section with 3,173
respect to extending or terminating the order.
(3) If a court grants an extension pursuant to division 3,175
(G)(2) of this section, the court shall terminate the order for 3,176
protective supervision at the end of the extension. 3,177
(H) The court shall not issue a dispositional order 3,179
pursuant to division (A) of this section that removes a child 3,180
from the child's home unless the court complies with section 3,181
2151.419 of the Revised Code and includes in the dispositional 3,184
order the findings of fact required by that section. 3,185
(I) If a motion or application for an order described in 3,188
division (A)(6) of this section is made, the court shall not 3,189
issue the order unless, prior to the issuance of the order, it 3,190
provides to the person all of the following:
(1) Notice and a copy of the motion or application; 3,192
(2) The grounds for the motion or application; 3,194
(3) An opportunity to present evidence and witnesses at a 3,196
hearing regarding the motion or application; 3,197
(4) An opportunity to be represented by counsel at the 3,199
hearing. 3,200
(J) The jurisdiction of the court shall terminate one year 3,203
after the date of the award or, if the court takes any further 3,204
action in the matter subsequent to the award, the date of the 3,205
latest further action subsequent to the award, if the court 3,206
awards legal custody of a child to either of the following: 3,207
(1) A legal custodian who, at the time of the award of 3,209
legal custody, resides in a county of this state other than the 3,210
county in which the court is located;
(2) A legal custodian who resides in the county in which 3,212
the court is located at the time of the award of legal custody, 3,213
but moves to a different county of this state prior to one year 3,214
after the date of the award or, if the court takes any further 3,215
action in the matter subsequent to the award, one year after the 3,216
date of the latest further action subsequent to the award.
76
The court in the county in which the legal custodian 3,218
resides then shall have jurisdiction in the matter. 3,219
Sec. 2151.411. (A) A parent of a child whose marriage to 3,228
the other parent of the child has not been terminated by divorce, 3,229
dissolution of marriage, or annulment, a parent who has parental 3,230
rights and responsibilities for the care of a child and is the 3,231
residential parent and legal custodian of the child, a guardian 3,232
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 3,234
exercise parental control and authority over the child. 3,235
(B) If a child is adjudicated a delinquent child and 3,237
placed on probation, if a parent of the child whose marriage to 3,238
the other parent of the child has not been terminated by divorce, 3,239
dissolution of marriage, or annulment or the parent who has 3,240
parental rights and responsibilities for the care of the child 3,241
and is the residential parent and legal custodian of the child 3,242
was notified prior to the adjudication hearing of the provisions 3,243
of this division and of the possibility that the provisions may 3,244
be applied to the parent, and if the court finds at the hearing 3,245
that the parent has failed or neglected to subject the child to 3,246
reasonable parental control and authority and that that parent's 3,247
failure or neglect is the proximate cause of the act or acts of 3,248
the child upon which the delinquent child adjudication is based, 3,249
the court may require that parent to enter into a recognizance 3,250
with sufficient surety, in an amount of not more than five 3,251
hundred dollars, conditioned upon the faithful discharge of the 3,252
conditions of probation of the child. If the child then commits 3,253
a second act and is adjudicated a delinquent child for the 3,254
commission of the second act or violates the conditions of 3,255
probation and if the court finds at the hearing that the failure 3,256
or neglect of a parent of the child whose marriage to the other 3,257
parent of the child has not been terminated by divorce,
dissolution of marriage, or annulment or the parent who has 3,258
parental rights and responsibilities for the care of the child 3,259
77
and is the residential parent and legal custodian of the child to 3,260
subject the child to reasonable parental control and authority or 3,261
faithfully to discharge the conditions of probation of the child 3,262
on the part of that parent is the proximate cause of the act or 3,263
acts of the child upon which the second delinquent child 3,264
adjudication is based or upon which the child is found to have 3,265
violated the conditions of the child's probation, the court may 3,267
declare all or a part of the recognizance forfeited. The 3,268
proceeds of the forfeited recognizance shall be used to pay any 3,269
damages caused by the child, and the proceeds of the forfeited 3,270
recognizance remaining after the payment of any damages shall be 3,271
paid into the county treasury. 3,272
(C)(1) If a child is adjudicated a delinquent child, the 3,274
court may issue an order requiring either parent or both parents 3,275
of the child whose marriage to the other parent of the child has 3,276
not been terminated by divorce, dissolution of marriage, or 3,277
annulment, the parent who has parental rights and
responsibilities for the care of the child and is the residential 3,278
parent and legal custodian of the child, or the guardian or other 3,279
custodian of the child to exercise appropriate and necessary 3,280
control and authority over the child to ensure that the child 3,281
complies with the terms and conditions of probation imposed upon 3,282
the child, treatment or testing that the child is required to 3,283
take part in, and the terms of any other order of disposition 3,284
that the court imposed upon the child pursuant to section 3,285
2151.355 of the Revised Code. The court shall give a copy of the 3,286
order to the child and to the parent, guardian, or custodian who 3,287
is the subject of the order and shall notify that parent, 3,288
guardian, or custodian that a willful failure to comply with the 3,289
order is contempt of court. If the court determines that any 3,290
parent, guardian, or custodian willfully has failed to comply 3,291
with an order issued pursuant to division (C)(1) of this section, 3,292
it may punish the parent, guardian, or custodian for contempt of 3,293
court or take other action that it determines is necessary to 3,294
78
ensure that the child will comply with the terms and conditions 3,295
of the order of disposition made pursuant to section 2151.355 of 3,296
the Revised Code. 3,297
(2)(a) If a child is adjudicated a delinquent child and is 3,299
granted probation under division (A)(2) of section 2151.355 of 3,300
the Revised Code, the court that places the child on probation 3,301
shall provide the written notice described in division (C)(2)(b) 3,302
of this section to the following individuals:
(i) To each parent of the child whose marriage to the 3,304
other parent of the child has not been terminated by divorce, 3,305
dissolution of marriage, or annulment; 3,306
(ii) To the parent of the child who has parental rights 3,308
and responsibilities for the care of the child and who is the 3,309
residential parent and legal custodian of the child and, if the 3,311
court knows or is able to determine through the exercise of
reasonable diligence the identity and residence address of the 3,312
parent of the child who does not have parental rights and 3,313
responsibilities for the care of the child and who is not the 3,314
residential parent and legal custodian of the child, to that 3,315
parent;
(iii) To the guardian who has custody of the child; 3,317
(iv) To the other custodian of the child. 3,319
(b) The court that places the child on probation shall 3,321
provide the appropriate individuals described in division 3,322
(C)(2)(a) of this section with a written notice that informs them 3,323
that authorized probation officers who are engaged within the 3,324
scope of their supervisory duties or responsibilities may conduct 3,325
searches as described in division (L) of section 2151.355 of the 3,326
Revised Code during the period of probation if they have 3,327
reasonable grounds to believe that the child is not abiding by 3,328
the law or otherwise is not complying with the conditions of the 3,329
child's probation. The notice shall specifically state that a 3,330
permissible search might extend to a motor vehicle, another item
of tangible or intangible personal property, or a place of 3,331
79
residence or other real property in which a notified parent, 3,332
guardian, or custodian has a right, title, or interest and that 3,333
the parent, guardian, or custodian expressly or impliedly permits 3,334
the child to use, occupy, or possess.
(D) The provisions of this section dealing with the 3,336
failure or neglect of parents to subject a child to reasonable 3,337
parental control and authority are in addition to and not in 3,338
substitution for any other provision of this chapter dealing with 3,339
the failure or neglect of a person to exercise parental control 3,340
or authority over a child. The provisions of division (B) of 3,341
this section do not apply to foster parents CAREGIVERS. 3,342
Sec. 2151.414. (A)(1) Upon the filing of a motion 3,351
pursuant to section 2151.413 of the Revised Code for permanent 3,352
custody of a child, the court shall schedule a hearing and give 3,354
notice of the filing of the motion and of the hearing, in 3,355
accordance with section 2151.29 of the Revised Code, to all 3,356
parties to the action and to the child's guardian ad litem. The 3,357
notice also shall contain a full explanation that the granting of 3,358
permanent custody permanently divests the parents of their 3,359
parental rights, a full explanation of their right to be 3,360
represented by counsel and to have counsel appointed pursuant to 3,361
Chapter 120. of the Revised Code if they are indigent, and the 3,362
name and telephone number of the court employee designated by the 3,363
court pursuant to section 2151.314 of the Revised Code to arrange 3,364
for the prompt appointment of counsel for indigent persons. 3,365
The court shall conduct a hearing in accordance with 3,368
section 2151.35 of the Revised Code to determine if it is in the 3,369
best interest of the child to permanently terminate parental 3,370
rights and grant permanent custody to the agency that filed the 3,371
motion. The adjudication that the child is an abused, neglected, 3,372
or dependent child and any dispositional order that has been 3,373
issued in the case under section 2151.353 of the Revised Code 3,374
pursuant to the adjudication shall not be readjudicated at the 3,376
hearing and shall not be affected by a denial of the motion for 3,378
80
permanent custody.
(2) The court shall hold the hearing scheduled pursuant to 3,381
division (A)(1) of this section not later than one hundred twenty 3,382
days after the agency files the motion for permanent custody, 3,383
except that, for good cause shown, the court may continue the 3,384
hearing for a reasonable period of time beyond the
one-hundred-twenty-day deadline. The court shall issue an order 3,386
that grants, denies, or otherwise disposes of the motion for 3,387
permanent custody, and journalize the order, not later than two
hundred days after the agency files the motion. 3,388
If a motion is made under division (D)(2) of section 3,391
2151.413 of the Revised Code and no dispositional hearing has 3,394
been held in the case, the court may hear the motion in the 3,395
dispositional hearing required by division (B) of section 2151.35 3,397
of the Revised Code. If the court issues an order pursuant to 3,399
section 2151.353 of the Revised Code granting permanent custody 3,401
of the child to the agency, the court shall immediately dismiss 3,402
the motion made under division (D)(2) of section 2151.413 of the 3,405
Revised Code. 3,406
The failure of the court to comply with the time periods 3,408
set forth in division (A)(2) of this section does not affect the 3,410
authority of the court to issue any order under this chapter and 3,411
does not provide any basis for attacking the jurisdiction of the 3,412
court or the validity of any order of the court.
(B)(1) Except as provided in division (B)(2) of this 3,415
section, the court may grant permanent custody of a child to a 3,416
movant if the court determines at the hearing held pursuant to 3,417
division (A) of this section, by clear and convincing evidence, 3,418
that it is in the best interest of the child to grant permanent 3,419
custody of the child to the agency that filed the motion for 3,420
permanent custody and that any of the following apply: 3,421
(a) The child is not abandoned or orphaned or has not been 3,424
in the temporary custody of one or more public children services 3,425
agencies or private child placing agencies for twelve or more 3,428
81
months of a consecutive twenty-two month period ending on or 3,432
after March 18, 1999, and the child cannot be placed with either 3,435
of the child's parents within a reasonable time or should not be 3,436
placed with the child's parents. 3,437
(b) The child is abandoned. 3,439
(c) The child is orphaned, and there are no relatives of 3,442
the child who are able to take permanent custody. 3,443
(d) The child has been in the temporary custody of one or 3,445
more public children services agencies or private child placing 3,447
agencies for twelve or more months of a consecutive twenty-two 3,450
month period ending on or after March 18, 1999. 3,451
For the purposes of division (B)(1) of this section, a 3,453
child shall be considered to have entered the temporary custody 3,454
of an agency on the earlier of the date the child is adjudicated 3,455
pursuant to section 2151.28 of the Revised Code or the date that 3,456
is sixty days after the removal of the child from home. 3,457
(2) With respect to a motion made pursuant to division 3,459
(D)(2) of section 2151.413 of the Revised Code, the court shall 3,462
grant permanent custody of the child to the movant if the court 3,463
determines in accordance with division (E) of this section that 3,465
the child cannot be placed with one of the child's parents within 3,466
a reasonable time or should not be placed with either parent and 3,467
determines in accordance with division (D) of this section that 3,469
permanent custody is in the child's best interest. 3,470
(C) In making the determinations required by this section 3,472
or division (A)(4) of section 2151.353 of the Revised Code, a 3,473
court shall not consider the effect the granting of permanent 3,474
custody to the agency would have upon any parent of the child. A 3,475
written report of the guardian ad litem of the child shall be 3,476
submitted to the court prior to or at the time of the hearing 3,477
held pursuant to division (A) of this section or section 2151.35 3,478
of the Revised Code but shall not be submitted under oath. 3,479
If the court grants permanent custody of a child to a 3,481
movant under this division, the court, upon the request of any 3,482
82
party, shall file a written opinion setting forth its findings of 3,483
fact and conclusions of law in relation to the proceeding. The 3,484
court shall not deny an agency's motion for permanent custody 3,485
solely because the agency failed to implement any particular 3,486
aspect of the child's case plan. 3,487
(D) In determining the best interest of a child at a 3,489
hearing held pursuant to division (A) of this section or for the 3,490
purposes of division (A)(4) or (5) of section 2151.353 or 3,491
division (C) of section 2151.415 of the Revised Code, the court 3,494
shall consider all relevant factors, including, but not limited 3,495
to, the following:
(1) The interaction and interrelationship of the child 3,497
with the child's parents, siblings, relatives, foster parents 3,498
CAREGIVERS and out-of-home providers, and any other person who 3,500
may significantly affect the child; 3,501
(2) The wishes of the child, as expressed directly by the 3,503
child or through the child's guardian ad litem, with due regard 3,505
for the maturity of the child;
(3) The custodial history of the child, including whether 3,507
the child has been in the temporary custody of one or more public 3,508
children services agencies or private child placing agencies for 3,511
twelve or more months of a consecutive twenty-two month period 3,515
ending on or after March 18, 1999; 3,516
(4) The child's need for a legally secure permanent 3,518
placement and whether that type of placement can be achieved 3,519
without a grant of permanent custody to the agency; 3,520
(5) Whether any of the factors in divisions (E)(7) to (11) 3,523
of this section apply in relation to the parents and child. 3,525
For the purposes of this division, a child shall be 3,527
considered to have entered the temporary custody of an agency on 3,528
the earlier of the date the child is adjudicated pursuant to 3,529
section 2151.28 of the Revised Code or the date that is sixty 3,531
days after the removal of the child from home. 3,532
(E) In determining at a hearing held pursuant to division 3,534
83
(A) of this section or for the purposes of division (A)(4) of 3,535
section 2151.353 of the Revised Code whether a child cannot be 3,536
placed with either parent within a reasonable period of time or 3,538
should not be placed with the parents, the court shall consider 3,539
all relevant evidence. If the court determines, by clear and 3,541
convincing evidence, at a hearing held pursuant to division (A) 3,542
of this section or for the purposes of division (A)(4) of section 3,543
2151.353 of the Revised Code that one or more of the following 3,544
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 3,545
a reasonable time or should not be placed with either parent: 3,547
(1) Following the placement of the child outside the 3,549
child's home and notwithstanding reasonable case planning and 3,550
diligent efforts by the agency to assist the parents to remedy 3,551
the problems that initially caused the child to be placed outside 3,552
the home, the parent has failed continuously and repeatedly to 3,553
substantially remedy the conditions causing the child to be 3,554
placed outside the child's home. In determining whether the 3,555
parents have substantially remedied those conditions, the court 3,556
shall consider parental utilization of medical, psychiatric, 3,557
psychological, and other social and rehabilitative services and 3,558
material resources that were made available to the parents for 3,559
the purpose of changing parental conduct to allow them to resume 3,560
and maintain parental duties. 3,561
(2) Chronic mental illness, chronic emotional illness, 3,563
mental retardation, physical disability, or chemical dependency 3,564
of the parent that is so severe that it makes the parent unable 3,565
to provide an adequate permanent home for the child at the 3,566
present time and, as anticipated, within one year after the court 3,567
holds the hearing pursuant to division (A) of this section or for 3,568
the purposes of division (A)(4) of section 2151.353 of the 3,569
Revised Code;
(3) The parent committed any abuse as described in section 3,571
2151.031 of the Revised Code against the child, caused the child 3,572
84
to suffer any neglect as described in section 2151.03 of the 3,573
Revised Code, or allowed the child to suffer any neglect as 3,574
described in section 2151.03 of the Revised Code between the date 3,575
that the original complaint alleging abuse or neglect was filed 3,576
and the date of the filing of the motion for permanent custody; 3,577
(4) The parent has demonstrated a lack of commitment 3,579
toward the child by failing to regularly support, visit, or 3,580
communicate with the child when able to do so, or by other 3,581
actions showing an unwillingness to provide an adequate permanent 3,582
home for the child; 3,583
(5) The parent is incarcerated for an offense committed 3,585
against the child or a sibling of the child; 3,586
(6) The parent has been convicted of or pleaded guilty to 3,588
an offense under division (A) or (C) of section 2919.22 or under 3,590
section 2903.16, 2903.21, 2903.34, 2905.01, 2905.02, 2905.03, 3,591
2905.04, 2905.05, 2907.07, 2907.08, 2907.09, 2907.12, 2907.21, 3,593
2907.22, 2907.23, 2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 3,594
2907.323, 2911.01, 2911.02, 2911.11, 2911.12, 2919.12, 2919.24, 3,595
2919.25, 2923.12, 2923.13, 2923.161, 2925.02, or 3716.11 of the 3,596
Revised Code and the child or a sibling of the child was a victim 3,598
of the offense or the parent has been convicted of or pleaded 3,599
guilty to an offense under section 2903.04 of the Revised Code, a 3,600
sibling of the child was the victim of the offense, and the 3,601
parent who committed the offense poses an ongoing danger to the 3,603
child or a sibling of the child. 3,604
(7) The parent has been convicted of or pleaded guilty to 3,607
one of the following: 3,608
(a) An offense under section 2903.01, 2903.02, or 2903.03 3,611
of the Revised Code or under an existing or former law of this 3,613
state, any other state, or the United States that is 3,615
substantially equivalent to an offense described in those 3,616
sections and the victim of the offense was a sibling of the child 3,617
or the victim was another child who lived in the parent's 3,618
household at the time of the offense;
85
(b) An offense under section 2903.11, 2903.12, or 2903.13 3,621
of the Revised Code or under an existing or former law of this 3,623
state, any other state, or the United States that is 3,624
substantially equivalent to an offense described in those 3,625
sections and the victim of the offense is the child, a sibling of 3,626
the child, or another child who lived in the parent's household 3,627
at the time of the offense; 3,628
(c) An offense under division (B)(2) of section 2919.22 of 3,631
the Revised Code or under an existing or former law of this 3,633
state, any other state, or the United States that is 3,634
substantially equivalent to the offense described in that section 3,635
and the child, a sibling of the child, or another child who lived 3,636
in the parent's household at the time of the offense is the 3,638
victim of the offense;
(d) An offense under section 2907.02, 2907.03, 2907.04, 3,641
2907.05, or 2907.06 of the Revised Code or under an existing or 3,642
former law of this state, any other state, or the United States 3,644
that is substantially equivalent to an offense described in those 3,645
sections and the victim of the offense is the child, a sibling of 3,646
the child, or another child who lived in the parent's household 3,647
at the time of the offense; 3,648
(e) A conspiracy or attempt to commit, or complicity in 3,651
committing, an offense described in division (E)(7)(a) or (d) of 3,653
this section. 3,654
(8) The parent has repeatedly withheld medical treatment 3,657
or food from the child when the parent has the means to provide 3,658
the treatment or food, and, in the case of withheld medical 3,659
treatment, the parent withheld it for a purpose other than to 3,661
treat the physical or mental illness or defect of the child by 3,662
spiritual means through prayer alone in accordance with the 3,663
tenets of a recognized religious body. 3,664
(9) The parent has placed the child at substantial risk of 3,667
harm two or more times due to alcohol or drug abuse and has 3,668
rejected treatment two or more times or refused to participate in 3,669
86
further treatment two or more times after a case plan issued 3,670
pursuant to section 2151.412 of the Revised Code requiring
treatment of the parent was journalized as part of a 3,671
dispositional order issued with respect to the child or an order 3,672
was issued by any other court requiring treatment of the parent. 3,673
(10) The parent has abandoned the child. 3,676
(11) The parent has had parental rights involuntarily 3,679
terminated pursuant to THIS SECTION OR section 2151.353, 3,680
2151.414, or 2151.415 of the Revised Code with respect to a 3,682
sibling of the child.
(12) The parent is incarcerated at the time of the filing 3,684
of the motion for permanent custody or the dispositional hearing 3,685
of the child and will not be available to care for the child for 3,686
at least eighteen months after the filing of the motion for 3,687
permanent custody or the dispositional hearing. 3,688
(13) The parent is repeatedly incarcerated, and the 3,691
repeated incarceration prevents the parent from providing care 3,693
for the child. 3,694
(14) The parent for any reason is unwilling to provide 3,696
food, clothing, shelter, and other basic necessities for the 3,697
child or to prevent the child from suffering physical, emotional, 3,698
or sexual abuse or physical, emotional, or mental neglect. 3,699
(15) The parent has committed abuse as described in 3,701
section 2151.031 of the Revised Code against the child or caused 3,703
or allowed the child to suffer neglect as described in section
2151.03 of the Revised Code, and the court determines that the 3,704
seriousness, nature, or likelihood of recurrence of the abuse or 3,705
neglect makes the child's placement with the child's parent a 3,706
threat to the child's safety. 3,707
(16) Any other factor the court considers relevant. 3,709
(F) The parents of a child for whom the court has issued 3,711
an order granting permanent custody pursuant to this section, 3,712
upon the issuance of the order, cease to be parties to the 3,713
action. This division is not intended to eliminate or restrict 3,714
87
any right of the parents to appeal the granting of permanent 3,715
custody of their child to a movant pursuant to this section. 3,716
Sec. 2151.418. Any CERTIFIED foster home or family foster 3,725
home shall be considered to be a residential use of property for 3,727
purposes of municipal, county, and township zoning and shall be a 3,728
permitted use in all zoning districts in which residential uses 3,729
are permitted. No municipal, county, or township zoning
regulation shall require a conditional permit or any other 3,730
special exception certification for any CERTIFIED foster home or 3,731
family foster home. 3,732
Sec. 2151.421. (A)(1)(a) No person described in division 3,741
(A)(1)(b) of this section who is acting in an official or 3,743
professional capacity and knows or suspects that a child under 3,744
eighteen years of age or a mentally retarded, developmentally 3,746
disabled, or physically impaired child under twenty-one years of 3,747
age has suffered or faces a threat of suffering any physical or 3,748
mental wound, injury, disability, or condition of a nature that 3,749
reasonably indicates abuse or neglect of the child, shall fail to 3,750
immediately report that knowledge or suspicion to the public 3,751
children services agency or a municipal or county peace officer 3,753
in the county in which the child resides or in which the abuse or 3,754
neglect is occurring or has occurred.
(b) Division (A)(1)(a) of this section applies to any 3,757
person who is an attorney; physician, including a hospital intern 3,758
or resident; dentist; podiatrist; practitioner of a limited 3,759
branch of medicine as specified in section 4731.15 of the Revised 3,760
Code; registered nurse; licensed practical nurse; visiting nurse; 3,762
other health care professional; licensed psychologist; licensed 3,763
school psychologist; speech pathologist or audiologist; coroner; 3,764
administrator or employee of a child day-care center; 3,765
administrator or employee of a residential camp or child day 3,766
camp; administrator or employee of a certified child care agency 3,767
or other public or private children services agency; school 3,768
teacher; school employee; school authority; person engaged in 3,769
88
social work or the practice of professional counseling; or a 3,770
person rendering spiritual treatment through prayer in accordance 3,772
with the tenets of a well-recognized religion.
(2) An attorney or a physician is not required to make a 3,774
report pursuant to division (A)(1) of this section concerning any 3,776
communication the attorney or physician receives from a client or 3,779
patient in an attorney-client or physician-patient relationship, 3,780
if, in accordance with division (A) or (B) of section 2317.02 of 3,782
the Revised Code, the attorney or physician could not testify 3,783
with respect to that communication in a civil or criminal 3,784
proceeding, except that the client or patient is deemed to have 3,785
waived any testimonial privilege under division (A) or (B) of 3,787
section 2317.02 of the Revised Code with respect to that 3,789
communication and the attorney or physician shall make a report 3,791
pursuant to division (A)(1) of this section with respect to that 3,792
communication, if all of the following apply:
(a) The client or patient, at the time of the 3,794
communication, is either a child under eighteen years of age or a 3,795
mentally retarded, developmentally disabled, or physically 3,797
impaired person under twenty-one years of age. 3,798
(b) The attorney or physician knows or suspects, as a 3,800
result of the communication or any observations made during that 3,802
communication, that the client or patient has suffered or faces a 3,803
threat of suffering any physical or mental wound, injury, 3,805
disability, or condition of a nature that reasonably indicates 3,806
abuse or neglect of the client or patient. 3,807
(c) The attorney-client or physician-patient relationship 3,809
does not arise out of the client's or patient's attempt to have 3,811
an abortion without the notification of her parents, guardian, or 3,813
custodian in accordance with section 2151.85 of the Revised Code. 3,814
(B) Anyone, who knows or suspects that a child under 3,816
eighteen years of age or a mentally retarded, developmentally 3,818
disabled, or physically impaired person under twenty-one years of 3,819
age has suffered or faces a threat of suffering any physical or 3,820
89
mental wound, injury, disability, or other condition of a nature 3,821
that reasonably indicates abuse or neglect of the child, may 3,822
report or cause reports to be made of that knowledge or suspicion 3,823
to the public children services agency or to a municipal or 3,825
county peace officer. 3,826
(C) Any report made pursuant to division (A) or (B) of 3,828
this section shall be made forthwith either by telephone or in 3,829
person and shall be followed by a written report, if requested by 3,831
the receiving agency or officer. The written report shall
contain: 3,832
(1) The names and addresses of the child and the child's 3,834
parents or the person or persons having custody of the child, if 3,835
known;
(2) The child's age and the nature and extent of the 3,837
child's known or suspected injuries, abuse, or neglect or of the 3,838
known or suspected threat of injury, abuse, or neglect, including 3,839
any evidence of previous injuries, abuse, or neglect; 3,840
(3) Any other information that might be helpful in 3,842
establishing the cause of the known or suspected injury, abuse, 3,843
or neglect or of the known or suspected threat of injury, abuse, 3,844
or neglect. 3,845
Any person, who is required by division (A) of this section 3,847
to report known or suspected child abuse or child neglect, may 3,848
take or cause to be taken color photographs of areas of trauma 3,849
visible on a child and, if medically indicated, cause to be 3,850
performed radiological examinations of the child. 3,851
(D)(1) Upon the receipt of a report concerning the 3,853
possible abuse or neglect of a child or the possible threat of 3,854
abuse or neglect of a child, the municipal or county peace 3,855
officer who receives the report shall refer the report to the 3,856
appropriate public children services agency. 3,858
(2) On receipt of a report pursuant to this division or 3,861
division (A) or (B) of this section, the public children services 3,863
agency shall comply with section 2151.422 of the Revised Code. 3,865
90
(E) No township, municipal, or county peace officer shall 3,867
remove a child about whom a report is made pursuant to this 3,868
section from the child's parents, stepparents, or guardian or any 3,869
other persons having custody of the child without consultation 3,870
with the public children services agency, unless, in the judgment 3,873
of the officer, and, if the report was made by physician, the 3,874
physician, immediate removal is considered essential to protect 3,875
the child from further abuse or neglect. The agency that must be 3,878
consulted shall be the agency conducting the investigation of the 3,879
report as determined pursuant to section 2151.422 of the Revised 3,880
Code. 3,881
(F)(1) Except as provided in section 2151.422 of the 3,884
Revised Code, the public children services agency shall 3,886
investigate, within twenty-four hours, each report of known or 3,888
suspected child abuse or child neglect and of a known or 3,889
suspected threat of child abuse or child neglect that is referred 3,890
to it under this section to determine the circumstances 3,891
surrounding the injuries, abuse, or neglect or the threat of 3,892
injury, abuse, or neglect, the cause of the injuries, abuse, 3,893
neglect, or threat, and the person or persons responsible. The 3,894
investigation shall be made in cooperation with the law
enforcement agency and in accordance with the memorandum of 3,895
understanding prepared under division (J) of this section. A 3,897
failure to make the investigation in accordance with the 3,898
memorandum is not grounds for, and shall not result in, the 3,900
dismissal of any charges or complaint arising from the report or 3,901
the suppression of any evidence obtained as a result of the 3,902
report and does not give, and shall not be construed as giving, 3,903
any rights or any grounds for appeal or post-conviction relief to 3,904
any person. The public children services agency shall report 3,907
each case to a central registry which the department of job and 3,909
family services shall maintain in order to determine whether 3,911
prior reports have been made in other counties concerning the 3,912
child or other principals in the case. The public children 3,913
91
services agency shall submit a report of its investigation, in 3,915
writing, to the law enforcement agency.
(2) The public children services agency shall make any 3,918
recommendations to the county prosecuting attorney or city 3,920
director of law that it considers necessary to protect any 3,921
children that are brought to its attention. 3,922
(G)(1)(a) Except as provided in division (H)(3) of this 3,924
section, anyone or any hospital, institution, school, health 3,925
department, or agency participating in the making of reports 3,926
under division (A) of this section, anyone or any hospital, 3,927
institution, school, health department, or agency participating 3,928
in good faith in the making of reports under division (B) of this 3,929
section, and anyone participating in good faith in a judicial 3,930
proceeding resulting from the reports, shall be immune from any 3,931
civil or criminal liability for injury, death, or loss to person 3,932
or property that otherwise might be incurred or imposed as a 3,933
result of the making of the reports or the participation in the 3,934
judicial proceeding. 3,935
(b) Notwithstanding section 4731.22 of the Revised Code, 3,938
the physician-patient privilege shall not be a ground for 3,939
excluding evidence regarding a child's injuries, abuse, or 3,940
neglect, or the cause of the injuries, abuse, or neglect in any 3,941
judicial proceeding resulting from a report submitted pursuant to 3,942
this section.
(2) In any civil or criminal action or proceeding in which 3,944
it is alleged and proved that participation in the making of a 3,945
report under this section was not in good faith or participation 3,946
in a judicial proceeding resulting from a report made under this 3,947
section was not in good faith, the court shall award the 3,948
prevailing party reasonable attorney's fees and costs and, if a 3,949
civil action or proceeding is voluntarily dismissed, may award 3,950
reasonable attorney's fees and costs to the party against whom 3,951
the civil action or proceeding is brought. 3,952
(H)(1) Except as provided in divisions (H)(4), (M), and 3,955
92
(N) of this section, a report made under this section is 3,956
confidential. The information provided in a report made pursuant 3,957
to this section and the name of the person who made the report 3,958
shall not be released for use, and shall not be used, as evidence 3,959
in any civil action or proceeding brought against the person who 3,960
made the report. In a criminal proceeding, the report is 3,961
admissible in evidence in accordance with the Rules of Evidence 3,962
and is subject to discovery in accordance with the Rules of 3,963
Criminal Procedure. 3,964
(2) No person shall permit or encourage the unauthorized 3,966
dissemination of the contents of any report made under this 3,967
section. 3,968
(3) A person who knowingly makes or causes another person 3,970
to make a false report under division (B) of this section that 3,971
alleges that any person has committed an act or omission that 3,972
resulted in a child being an abused child or a neglected child is 3,973
guilty of a violation of section 2921.14 of the Revised Code. 3,974
(4) IF A REPORT IS MADE PURSUANT TO DIVISION (A) OR (B) OF 3,977
THIS SECTION AND THE CHILD WHO IS THE SUBJECT OF THE REPORT DIES 3,978
FOR ANY REASON AT ANY TIME AFTER THE REPORT IS MADE, BUT BEFORE
THE CHILD ATTAINS EIGHTEEN YEARS OF AGE, THE PUBLIC CHILDREN 3,980
SERVICES AGENCY OR MUNICIPAL OR COUNTY PEACE OFFICER TO WHICH THE
REPORT WAS MADE OR REFERRED, ON THE REQUEST OF THE CHILD FATALITY 3,981
REVIEW BOARD, SHALL SUBMIT A SUMMARY SHEET OF INFORMATION 3,983
PROVIDING A SUMMARY OF THE REPORT TO THE REVIEW BOARD OF THE 3,984
COUNTY IN WHICH THE DECEASED CHILD RESIDED AT THE TIME OF DEATH. 3,985
ON THE REQUEST OF THE REVIEW BOARD, THE AGENCY OR PEACE OFFICER 3,986
MAY, AT ITS DISCRETION, MAKE THE REPORT AVAILABLE TO THE REVIEW 3,987
BOARD.
(5) A public children services agency shall advise a 3,990
person alleged to have inflicted abuse or neglect on a child who 3,991
is the subject of a report made pursuant to this section IN
WRITING of the disposition of the investigation. The agency 3,993
shall not provide to the person any information that identifies 3,994
93
the person who made the report, statements of witnesses, or 3,995
police or other investigative reports. 3,996
(I) Any report that is required by this section shall 3,998
result in protective services and emergency supportive services 3,999
being made available by the public children services agency on 4,001
behalf of the children about whom the report is made, in an 4,003
effort to prevent further neglect or abuse, to enhance their 4,004
welfare, and, whenever possible, to preserve the family unit 4,005
intact. The agency required to provide the services shall be the 4,007
agency conducting the investigation of the report pursuant to 4,008
section 2151.422 of the Revised Code. 4,010
(J)(1) Each public children services agency shall prepare 4,012
a memorandum of understanding that is signed by all of the 4,014
following:
(a) If there is only one juvenile judge in the county, the 4,017
juvenile judge of the county or the juvenile judge's 4,018
representative;
(b) If there is more than one juvenile judge in the 4,022
county, a juvenile judge or the juvenile judges' representative 4,023
selected by the juvenile judges or, if they are unable to do so 4,024
for any reason, the juvenile judge who is senior in point of 4,025
service or the senior juvenile judge's representative; 4,026
(c) The county peace officer; 4,029
(d) All chief municipal peace officers within the county; 4,032
(e) Other law enforcement officers handling child abuse 4,034
and neglect cases in the county; 4,035
(f) The prosecuting attorney of the county; 4,038
(g) If the public children services agency is not the 4,040
county department of job and family services, the county 4,042
department of job and family services. 4,043
(2) A memorandum of understanding shall set forth the 4,045
normal operating procedure to be employed by all concerned 4,047
officials in the execution of their respective responsibilities 4,048
under this section and division (C) of section 2919.21, division 4,049
94
(B)(1) of section 2919.22, division (B) of section 2919.23, and 4,050
section 2919.24 of the Revised Code and shall have as two of its 4,051
primary goals the elimination of all unnecessary interviews of 4,052
children who are the subject of reports made pursuant to division 4,053
(A) or (B) of this section and, when feasible, providing for only 4,054
one interview of a child who is the subject of any report made 4,055
pursuant to division (A) or (B) of this section. A failure to 4,056
follow the procedure set forth in the memorandum by the concerned 4,058
officials is not grounds for, and shall not result in, the 4,059
dismissal of any charges or complaint arising from any reported 4,060
case of abuse or neglect or the suppression of any evidence 4,061
obtained as a result of any reported child abuse or child neglect 4,062
and does not give, and shall not be construed as giving, any 4,063
rights or any grounds for appeal or post-conviction relief to any 4,064
person. 4,065
(3) A memorandum of understanding shall include all of the 4,067
following: 4,068
(a) The roles and responsibilities for handling emergency 4,071
and nonemergency cases of abuse and neglect; 4,072
(b) Standards and procedures to be used in handling and 4,074
coordinating investigations of reported cases of child abuse and 4,075
reported cases of child neglect, methods to be used in 4,076
interviewing the child who is the subject of the report and who 4,077
allegedly was abused or neglected, and standards and procedures 4,078
addressing the categories of persons who may interview the child 4,079
who is the subject of the report and who allegedly was abused or 4,080
neglected. 4,081
(K)(1) Except as provided in division (K)(4) of this 4,084
section, a person who is required to make a report pursuant to 4,085
division (A) of this section may make a reasonable number of 4,086
requests of the public children services agency that receives or 4,087
is referred the report to be provided with the following 4,089
information:
(a) Whether the agency has initiated an investigation of 4,092
95
the report;
(b) Whether the agency is continuing to investigate the 4,095
report;
(c) Whether the agency is otherwise involved with the 4,099
child who is the subject of the report;
(d) The general status of the health and safety of the 4,101
child who is the subject of the report; 4,102
(e) Whether the report has resulted in the filing of a 4,104
complaint in juvenile court or of criminal charges in another 4,105
court. 4,106
(2) A person may request the information specified in 4,108
division (K)(1) of this section only if, at the time the report 4,109
is made, the person's name, address, and telephone number are 4,110
provided to the person who receives the report.
When a municipal or county peace officer or employee of a 4,112
public children services agency receives a report pursuant to 4,115
division (A) or (B) of this section the recipient of the report 4,116
shall inform the person of the right to request the information 4,118
described in division (K)(1) of this section. The recipient of
the report shall include in the initial child abuse or child 4,119
neglect report that the person making the report was so informed 4,120
and, if provided at the time of the making of the report, shall 4,121
include the person's name, address, and telephone number in the 4,122
report.
Each request is subject to verification of the identity of 4,124
the person making the report. If that person's identity is 4,127
verified, the agency shall provide the person with the 4,129
information described in division (K)(1) of this section a 4,130
reasonable number of times, except that the agency shall not
disclose any confidential information regarding the child who is 4,132
the subject of the report other than the information described in 4,133
those divisions.
(3) A request made pursuant to division (K)(1) of this 4,135
section is not a substitute for any report required to be made 4,136
96
pursuant to division (A) of this section. 4,137
(4) If an agency other than the agency that received or 4,140
was referred the report is conducting the investigation of the 4,141
report pursuant to section 2151.422 of the Revised Code, the 4,143
agency conducting the investigation shall comply with the 4,144
requirements of division (K) of this section. 4,145
(L) The director of job and family services shall adopt 4,149
rules in accordance with Chapter 119. of the Revised Code to 4,150
implement this section. The department of job and family 4,151
services may enter into a plan of cooperation with any other 4,154
governmental entity to aid in ensuring that children are 4,155
protected from abuse and neglect. The department shall make
recommendations to the attorney general that the department 4,156
determines are necessary to protect children from child abuse and 4,157
child neglect. 4,158
(M) No later than the end of the day following the day on 4,161
which a public children services agency receives a report of 4,162
alleged child abuse or child neglect, or a report of an alleged 4,163
threat of child abuse or child neglect, that allegedly occurred 4,164
in or involved an out-of-home care entity, the agency shall 4,165
provide written notice of the allegations contained in and the 4,167
person named as the alleged perpetrator in the report to the 4,168
administrator, director, or other chief administrative officer of 4,169
the out-of-home care entity that is the subject of the report 4,170
unless the administrator, director, or other chief administrative 4,171
officer is named as an alleged perpetrator in the report. If the 4,172
administrator, director, or other chief administrative officer of 4,173
an out-of-home care entity is named as an alleged perpetrator in 4,174
a report of alleged child abuse or child neglect, or a report of 4,175
an alleged threat of child abuse or child neglect, that allegedly 4,176
occurred in or involved the out-of-home care entity, the agency 4,177
shall provide the written notice to the owner or governing board 4,179
of the out-of-home care entity that is the subject of the report. 4,180
The agency shall not provide witness statements or police or 4,182
97
other investigative reports.
(N) No later than three days after the day on which a 4,185
public children services agency that conducted the investigation 4,186
as determined pursuant to section 2151.422 of the Revised Code 4,187
makes a disposition of an investigation involving a report of 4,188
alleged child abuse or child neglect, or a report of an alleged 4,189
threat of child abuse or child neglect, that allegedly occurred 4,190
in or involved an out-of-home care entity, the agency shall send 4,193
written notice of the disposition of the investigation to the 4,194
administrator, director, or other chief administrative officer 4,195
and the owner or governing board of the out-of-home care entity. 4,196
The agency shall not provide witness statements or police or 4,198
other investigative reports.
Sec. 2151.424. (A) If a child has been placed in a 4,208
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 4,210
conducting any hearing pursuant to division (E)(2) or (3) of 4,212
section 2151.412 or section 2151.28, 2151.33, 2151.35, 2151.414, 4,213
2151.415, 2151.416, or 2151.417 of the Revised Code with respect 4,216
to the child, shall notify the foster caregiver or relative of 4,217
the date, time, and place of the hearing. At the hearing, the 4,218
foster caregiver or relative may present evidence. 4,219
(B) If a public children services agency or private child 4,222
placing agency has permanent custody of a child and a petition to 4,223
adopt the child has been filed under Chapter 3107. of the Revised 4,225
Code, the agency, prior to conducting a review under section 4,227
2151.416 of the Revised Code, or a court, prior to conducting a 4,230
hearing under division (E)(2) or (3) of section 2151.412 or 4,232
section 2151.416 or 2151.417 of the Revised Code, shall notify 4,234
the prospective adoptive parent of the date, time, and place of 4,235
the review or hearing. At the review or hearing, the prospective 4,236
adoptive parent may present evidence. 4,238
(C) The notice and the opportunity to present evidence do 4,241
not make the foster caregiver, relative, or prospective adoptive 4,242
98
parent a party in the action or proceeding pursuant to which the 4,243
review or hearing is conducted. 4,244
Sec. 2151.55. When a private or governmental entity 4,253
intends to place a child in a CERTIFIED foster home in a county 4,254
other than the county in which the child resided at the time of 4,256
being removed from home, a representative of the placing entity 4,257
shall orally communicate the intended placement to the foster 4,258
caregiver with whom the child is to be placed and, if the child 4,259
will attend the schools of the district in which the CERTIFIED 4,260
foster home is located, a representative of the school district's 4,262
board of education.
Sec. 2151.554. When a private or governmental entity 4,271
places a child who has been adjudicated to be an unruly or 4,272
delinquent child in a CERTIFIED foster home in a county other 4,273
than the county in which the child resided at the time of being 4,275
removed from home, the placing entity shall provide the following 4,276
information in writing to the juvenile court of the county in 4,278
which the CERTIFIED foster home is located: 4,279
(A) The information listed in divisions (B)(2) to (4) of 4,281
section 2151.551 of the Revised Code; 4,283
(B) A brief description of the facts supporting the 4,285
adjudication that the child is unruly or delinquent; 4,286
(C) The name and address of the foster caregiver; 4,288
(D) Safety and well-being concerns with respect to the 4,290
child and community. 4,291
Sec. 2151.62. (A) This section applies only to a child 4,300
who is or previously has been adjudicated a delinquent child for 4,301
an act to which any of the following applies: 4,302
(1) It is a violation of section 2903.01, 2903.02, 4,304
2903.03, 2903.04, 2903.11, 2903.12, 2903.13, 2907.02, 2907.03, or 4,305
2907.05 of the Revised Code;
(2) It is a violation of section 2923.01 of the Revised 4,308
Code and involved an attempt to commit aggravated murder or 4,309
murder;
99
(3) It would be a felony if committed by an adult and the 4,311
court determined that the child, if an adult, would be guilty of 4,312
a specification found in section 2941.141, 2941.144, or 2941.145 4,313
of the Revised Code or in another section of the Revised Code 4,315
that relates to the possession or use of a firearm, as defined in 4,316
section 2923.11 of the Revised Code, during the commission of the 4,317
act for which the child was adjudicated a delinquent child. 4,318
(B)(1) Except as provided in division (E) of this section, 4,321
a public children services agency, private child placing agency, 4,323
private noncustodial agency, or court, the department of youth
services, or another private or government entity shall not place 4,324
a child in a CERTIFIED foster home until it provides the foster 4,325
caregivers with all of the following: 4,327
(a) A written report describing the child's social 4,329
history;
(b) A written report describing all the acts committed by 4,331
the child the entity knows of that resulted in the child being 4,334
adjudicated a delinquent child and the disposition made by the 4,335
court, unless the records pertaining to the acts have been sealed 4,336
pursuant to section 2151.358 of the Revised Code; 4,337
(c) A written report describing any other violent act 4,339
committed by the child of which the entity is aware; 4,341
(d) The substantial and material conclusions and 4,343
recommendations of any psychiatric or psychological examination 4,345
conducted on the child or, if no psychological or psychiatric 4,346
examination of the child is available, the substantial and 4,347
material conclusions and recommendations of an examination to 4,348
detect mental and emotional disorders conducted in compliance 4,349
with the requirements of Chapter 4757. of the Revised Code by an
independent social worker, social worker, professional clinical 4,350
counselor, or professional counselor licensed under that chapter. 4,351
The entity shall not provide any part of a psychological, 4,352
psychiatric, or mental and emotional disorder examination to the 4,353
foster caregivers other than the substantial and material 4,354
100
conclusions.
(2) Notwithstanding section 2151.358 of the Revised Code, 4,357
if records of an adjudication that a child is a delinquent child 4,358
have been sealed pursuant to that section and an entity knows the
records have been sealed, the entity shall provide the foster 4,359
caregivers a written statement that the records of a prior 4,360
adjudication have been sealed.
(C) The entity that places the child in a CERTIFIED foster 4,363
home shall conduct a psychological examination of the child, 4,365
except that the entity is not required to conduct the examination
if such an examination was conducted no more than one year prior 4,366
to the child's placement. No later than sixty days after placing 4,367
the child, the entity shall provide the foster caregiver a 4,369
written report detailing the substantial and material conclusions
and recommendations of the examination conducted pursuant to this 4,371
division.
(D)(1) Except as provided in divisions (D)(2) and (3) of 4,373
this section, the expenses of conducting the examinations and 4,375
preparing the reports and assessment required by division (B) or 4,376
(C) of this section shall be paid by the entity that places the 4,377
child in the CERTIFIED foster home. 4,378
(2) When a juvenile court grants temporary or permanent 4,380
custody of a child pursuant to any section of the Revised Code, 4,381
including section 2151.33, 2151.353, 2151.354, or 2151.355 of the 4,383
Revised Code, to a public children services agency or private 4,384
child placing agency, the court shall provide the agency the 4,386
information described in division (B) of this section, pay the 4,388
expenses of preparing that information, and, if a new examination 4,389
is required to be conducted, pay the expenses of conducting the 4,390
examination described in division (C) of this section. On 4,391
receipt of the information described in division (B) of this
section, the agency shall provide to the court written 4,392
acknowledgment that the agency received the information. The 4,393
court shall keep the acknowledgment and provide a copy to the 4,394
101
agency. On the motion of the agency, the court may terminate the 4,395
order granting temporary or permanent custody of the child to 4,396
that agency, if the court does not provide the information 4,397
described in division (B) of this section. 4,398
(3) If one of the following entities is placing a child in 4,400
a CERTIFIED foster home with the assistance of or by contracting 4,402
with a public children services agency, private child placing 4,403
agency, or a private noncustodial agency, the entity shall 4,404
provide the agency with the information described in division (B) 4,405
of this section, pay the expenses of preparing that information,
and, if a new examination is required to be conducted, pay the 4,406
expenses of conducting the examination described in division (C) 4,407
of this section: 4,408
(a) The department of youth services if the placement is 4,410
pursuant to any section of the Revised Code including section 4,411
2151.38, 5139.06, 5139.07, 5139.38, or 5139.39 of the Revised 4,413
Code;
(b) A juvenile court with temporary or permanent custody 4,415
of a child pursuant to section 2151.354 or 2151.355 of the 4,416
Revised Code;
(c) A public children services agency or private child 4,418
placing agency with temporary or permanent custody of the child. 4,419
The agency receiving the information described in division 4,421
(B) of this section shall provide the entity described in 4,423
division (D)(3)(a) to (c) of this section that sent the 4,424
information written acknowledgment that the agency received the 4,426
information and provided it to the foster caregivers. The entity
shall keep the acknowledgment and provide a copy to the agency. 4,428
An entity that places a child in a CERTIFIED foster home with the 4,429
assistance of or by contracting with an agency remains 4,430
responsible to provide the information described in division (B) 4,432
of this section to the foster caregivers unless the entity 4,433
receives written acknowledgment that the agency provided the 4,434
information.
102
(E) If a child is placed in a CERTIFIED foster home as a 4,437
result of an emergency removal of the child from home pursuant to 4,438
division (D) of section 2151.31 of the Revised Code, an emergency 4,440
change in the child's case plan pursuant to division (E)(3) of 4,442
section 2151.412 of the Revised Code, or an emergency placement 4,443
by the department of youth services pursuant to this chapter or 4,444
Chapter 5139. of the Revised Code, the entity that places the 4,445
child in the CERTIFIED foster home shall provide the information 4,447
described in division (B) of this section no later than 4,449
ninety-six hours after the child is placed in the CERTIFIED
foster home. 4,450
(F) On receipt of the information described in divisions 4,452
(B) and (C) of this section, the foster caregiver shall provide 4,454
to the entity that places the child in the foster caregiver's
home a written acknowledgment that the foster caregiver received 4,455
the information. The entity shall keep the acknowledgment and 4,457
provide a copy to the foster caregiver. 4,458
(G) No person employed by an entity subject to this 4,460
section and made responsible by that entity for the child's 4,461
placement in a CERTIFIED foster home shall fail to provide the 4,464
foster caregivers with the information required by divisions (B) 4,465
and (C) of this section. 4,466
(H) It is not a violation of any duty of confidentiality 4,469
provided for in the Revised Code or a code of professional 4,471
responsibility for a person or government entity to provide the 4,472
substantial and material conclusions and recommendations of a 4,473
psychiatric or psychological examination, or an examination to 4,474
detect mental and emotional disorders, in accordance with 4,475
division (B)(1)(d) or (C) of this section. 4,477
Sec. 2151.86. (A)(1) The appointing or hiring officer of 4,486
any entity that APPOINTS OR employs any person responsible for a 4,487
child's care in out-of-home care shall request the superintendent 4,489
of the bureau of criminal identification and investigation BCII 4,490
to conduct a criminal records check with respect to any applicant 4,492
103
PERSON who has applied to the entity IS UNDER FINAL CONSIDERATION 4,494
for APPOINTMENT OR employment as a person responsible for a 4,496
child's care in out-of-home care. The
(2) THE administrative director of any entity that 4,499
designates a person as AN AGENCY, OR ATTORNEY, WHO ARRANGES AN 4,500
ADOPTION FOR a prospective adoptive parent or as a prospective 4,501
foster parent shall request the superintendent OF BCII to conduct 4,502
a criminal records check with respect to that person. If the 4,504
applicant, prospective adoptive parent, or prospective foster 4,505
parent.
(3) BEFORE A RECOMMENDING AGENCY SUBMITS A RECOMMENDATION 4,507
TO THE DEPARTMENT OF JOB AND FAMILY SERVICES ON WHETHER THE 4,509
DEPARTMENT SHOULD ISSUE A CERTIFICATE TO A FOSTER HOME UNDER 4,511
SECTION 5103.03 OF THE REVISED CODE, THE ADMINISTRATIVE DIRECTOR
OF THE AGENCY SHALL REQUEST THAT THE SUPERINTENDENT OF BCII 4,513
CONDUCT A CRIMINAL RECORDS CHECK WITH RESPECT TO THE PROSPECTIVE 4,514
FOSTER CAREGIVER AND ALL OTHER PERSONS EIGHTEEN YEARS OF AGE OR 4,516
OLDER WHO RESIDE WITH THE FOSTER CAREGIVER.
(B) IF A PERSON SUBJECT TO A CRIMINAL RECORDS CHECK does 4,519
not present proof that the applicant or prospective adoptive or 4,520
foster parent PERSON has been a resident of this state for the 4,522
five-year period immediately prior to the date upon which the 4,523
criminal records check is requested or does not provide evidence 4,524
that within that five-year period the superintendent OF BCII has 4,525
requested information about the applicant or prospective adoptive 4,527
or foster parent PERSON from the federal bureau of investigation 4,529
in a criminal records check, the appointing or hiring officer or, 4,530
administrative director, OR ATTORNEY shall request that the 4,532
superintendent OF BCII obtain information from the federal bureau 4,534
of investigation as a part of the criminal records check. If the 4,535
applicant, prospective adoptive parent, or prospective foster 4,536
parent PERSON SUBJECT TO THE CRIMINAL RECORDS CHECK presents 4,537
proof that the applicant or prospective adoptive or foster parent 4,538
PERSON has been a resident of this state for that five-year 4,540
104
period, the appointing or hiring officer, DIRECTOR, or 4,541
administrator ATTORNEY may request that the superintendent OF 4,543
BCII include information from the federal bureau of investigation 4,545
in the criminal records check.
(2) Any person AN APPOINTING OR HIRING OFFICER, 4,547
ADMINISTRATIVE DIRECTOR, OR ATTORNEY required by division (A)(1) 4,548
of this section to request a criminal records check shall provide 4,549
to each applicant, prospective adoptive parent, or prospective 4,550
foster parent PERSON SUBJECT TO A CRIMINAL RECORDS CHECK a copy 4,551
of the form prescribed pursuant to division (C)(1) of section 4,553
109.572 of the Revised Code and a standard impression sheet to 4,554
obtain fingerprint impressions prescribed pursuant to division 4,555
(C)(2) of section 109.572 of the Revised Code, obtain the 4,556
completed form and impression sheet from each applicant,
prospective adoptive parent, or prospective foster parent THE 4,557
PERSON, and forward the completed form and impression sheet to 4,559
the superintendent of the bureau of criminal identification and 4,560
investigation BCII at the time the person requests a criminal 4,562
records check pursuant to division (A)(1) of this section IS 4,563
REQUESTED.
(3) Any applicant, prospective adoptive parent, or 4,565
prospective foster parent PERSON SUBJECT TO A CRIMINAL RECORDS 4,566
CHECK who receives pursuant to THIS division (A)(2) of this 4,568
section a copy of the form prescribed pursuant to division (C)(1) 4,569
of section 109.572 of the Revised Code and a copy of an 4,570
impression sheet prescribed pursuant to division (C)(2) of that 4,571
section and who is requested to complete the form and provide a 4,572
set of fingerprint impressions shall complete the form or provide 4,573
all the information necessary to complete the form and shall 4,574
provide the impression sheet with the impressions of the
applicant's or prospective adoptive or foster parent's PERSON'S 4,576
fingerprints. If an applicant, prospective adoptive parent, or 4,578
prospective foster parent A PERSON SUBJECT TO A CRIMINAL RECORDS 4,579
CHECK, upon request, fails to provide the information necessary 4,581
105
to complete the form or fails to provide impressions of the 4,582
applicant's or prospective adoptive or foster parent's PERSON'S 4,583
fingerprints, the entity APPOINTING OR HIRING OFFICER shall not 4,584
APPOINT OR employ that applicant for any position for which a 4,586
criminal records check is required by division (A)(1) of this 4,587
section THE PERSON AS A PERSON RESPONSIBLE FOR A CHILD'S CARE IN 4,589
OUT-OF-HOME CARE, A PROBATE COURT MAY NOT ISSUE A FINAL DECREE OF 4,590
ADOPTION OR AN INTERLOCUTORY ORDER OF ADOPTION MAKING THE PERSON 4,591
AN ADOPTIVE PARENT, and THE DEPARTMENT OF JOB AND FAMILY SERVICES 4,592
shall not consider the prospective adoptive parent or ISSUE A 4,593
CERTIFICATE AUTHORIZING THE prospective foster parent as an 4,595
adoptive parent or CAREGIVER TO OPERATE A foster parent HOME. 4,597
(B)(C)(1) No entity APPOINTING OR HIRING OFFICER shall 4,600
APPOINT OR employ a person as a person responsible for a child's 4,601
care in out-of-home care or permit a person to become an adoptive 4,602
parent or foster AND NO PROBATE COURT SHALL ISSUE A FINAL DECREE 4,605
OF ADOPTION OR AN INTERLOCUTORY ORDER OF ADOPTION MAKING A PERSON 4,606
AN ADOPTIVE parent if the person previously has been convicted of 4,608
or pleaded guilty to any of the following, unless the person 4,609
meets rehabilitation standards established in rules adopted under 4,610
division (E)(F) of this section: 4,611
(a) A violation of section 2903.01, 2903.02, 2903.03, 4,613
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34, 4,614
2905.01, 2905.02, 2905.05, 2907.02, 2907.03, 2907.04, 2907.05, 4,616
2907.06, 2907.07, 2907.08, 2907.09, 2907.21, 2907.22, 2907.23, 4,617
2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323, 2911.01, 4,618
2911.02, 2911.11, 2911.12, 2919.12, 2919.22, 2919.24, 2919.25, 4,619
2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.04, 2925.05, 4,620
2925.06, or 3716.11 of the Revised Code, a violation of section 4,621
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 4,622
have been a violation of section 2905.04 of the Revised Code as 4,623
it existed prior to July 1, 1996, had the violation been 4,624
committed prior to that date, a violation of section 2925.11 of 4,625
106
the Revised Code that is not a minor drug possession offense, or 4,626
felonious sexual penetration in violation of former section 4,627
2907.12 of the Revised Code;
(b) A violation of an existing or former law of this 4,629
state, any other state, or the United States that is 4,630
substantially equivalent to any of the offenses described in 4,631
division (B)(C)(1)(a) of this section. 4,632
(2) An THE DEPARTMENT OF JOB AND FAMILY SERVICES SHALL NOT 4,635
ISSUE A CERTIFICATE UNDER SECTION 5103.03 OF THE REVISED CODE 4,636
AUTHORIZING A PROSPECTIVE FOSTER CAREGIVER TO OPERATE A FOSTER 4,637
HOME IF THE DEPARTMENT HAS BEEN NOTIFIED THAT THE FOSTER 4,638
CAREGIVER OR ANY PERSON EIGHTEEN YEARS OF AGE OR OLDER WHO 4,640
RESIDES WITH THE FOSTER CAREGIVER HAS BEEN CONVICTED OF OR 4,641
PLEADED GUILTY TO A VIOLATION OF ONE OF THE FOLLOWING OFFENSES, 4,642
UNLESS THE FOSTER CAREGIVER OR OTHER PERSON MEETS REHABILITATION 4,644
STANDARDS ESTABLISHED IN RULES ADOPTED UNDER DIVISION (F) OF THIS 4,645
SECTION:
(a) ANY OFFENSE LISTED IN DIVISION (C)(1)(a) OF THIS 4,648
SECTION OR SECTION 2909.02 OR 2909.03 OF THE REVISED CODE; 4,649
(b) AN EXISTING OR FORMER LAW OF THIS STATE, ANY OTHER 4,651
STATE, OR THE UNITED STATES THAT IS SUBSTANTIALLY EQUIVALENT TO 4,652
ANY OFFENSE LISTED IN DIVISION (C)(1)(a) OF THIS SECTION OR 4,654
SECTION 2909.02 OR 2909.03 OF THE REVISED CODE.
(3) THE APPOINTING OR HIRING OFFICER MAY APPOINT OR EMPLOY 4,656
A PERSON AS A PERSON RESPONSIBLE FOR A CHILD'S CARE IN 4,657
out-of-home care entity may employ an applicant conditionally 4,659
until the criminal records check required by this section is 4,660
completed and the entity OFFICER receives the results of the 4,661
criminal records check. If the results of the criminal records 4,662
check indicate that, pursuant to division (B)(C)(1) of this 4,663
section, the applicant PERSON SUBJECT TO THE CRIMINAL RECORDS 4,665
CHECK does not qualify for APPOINTMENT OR employment, the entity 4,666
OFFICER shall release the applicant PERSON from APPOINTMENT OR 4,668
employment. 4,669
107
(C)(1)(D) The out-of-home care entity APPOINTING OR HIRING 4,672
OFFICER, ADMINISTRATIVE DIRECTOR, OR ATTORNEY shall pay to the
bureau of criminal identification and investigation the fee 4,674
prescribed pursuant to division (C)(3) of section 109.572 of the 4,675
Revised Code for each criminal records check conducted in 4,676
accordance with that section upon a request pursuant to division 4,677
(A)(1) of this section. THE OFFICER, DIRECTOR, OR ATTORNEY 4,678
(2) An out-of-home care entity may charge an applicant, 4,680
prospective adoptive parent, or prospective foster parent THE 4,681
PERSON SUBJECT TO THE CRIMINAL RECORDS CHECK a fee for the costs 4,683
it THE OFFICER, DIRECTOR, OR ATTORNEY incurs in obtaining a THE 4,684
criminal records check under this section. A fee charged under 4,686
this division shall not exceed the amount of fees the entity 4,687
OFFICER, DIRECTOR, OR ATTORNEY pays under division (C)(1) of this 4,689
section FOR THE CRIMINAL RECORDS CHECK. If a fee is charged 4,690
under this division, the entity OFFICER, DIRECTOR, OR ATTORNEY 4,691
shall notify the PERSON WHO IS THE applicant, prospective 4,692
adoptive parent, or prospective foster parent at the time of the 4,693
person's initial application for APPOINTMENT OR employment or for 4,694
becoming an adoptive parent, AN ADOPTION TO BE ARRANGED, or A 4,695
CERTIFICATE TO OPERATE A foster parent HOME of the amount of the 4,697
fee and that, unless the fee is paid, the entity PERSON WHO IS 4,699
THE APPLICANT will not consider the person BE CONSIDERED for 4,700
APPOINTMENT OR employment or as an adoptive parent or foster 4,702
parent CAREGIVER.
(D)(E) The report of any criminal records check conducted 4,704
by the bureau of criminal identification and investigation in 4,705
accordance with section 109.572 of the Revised Code and pursuant 4,706
to a request made under division (A)(1) of this section is not a 4,707
public record for the purposes of section 149.43 of the Revised 4,708
Code and shall not be made available to any person other than the 4,709
applicant, prospective adoptive parent, or prospective foster 4,710
parent PERSON who is the subject of the criminal records check or 4,711
the applicant's or prospective adoptive or foster parent's 4,713
108
PERSON'S representative; the entity APPOINTING OR HIRING OFFICER, 4,714
ADMINISTRATIVE DIRECTOR, OR ATTORNEY requesting the criminal 4,716
records check or its THE OFFICER'S, DIRECTOR'S, OR ATTORNEY'S 4,717
representative; the department of job and family services or a 4,720
county department of job and family services; and any court, 4,721
hearing officer, or other necessary individual involved in a case 4,722
dealing with the denial of employment to the applicant or the 4,723
denial of consideration as an adoptive parent, A FINAL DECREE OF 4,724
ADOPTION OR INTERLOCUTORY ORDER OF ADOPTION, or A foster parent 4,726
HOME CERTIFICATE. 4,727
(E)(F) The director of job and family services shall adopt 4,731
rules pursuant to IN ACCORDANCE WITH Chapter 119. of the Revised 4,732
Code to implement this section. The rules shall include 4,734
rehabilitation standards a person who has been convicted of or 4,736
pleaded guilty to an offense listed in division (B)(C)(1) OR (2) 4,738
of this section must meet for an entity APPOINTING OR HIRING 4,739
OFFICER to APPOINT OR employ the person as a person responsible 4,741
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 4,742
ISSUE A FINAL DECREE OF ADOPTION OR INTERLOCUTORY ORDER OF 4,744
ADOPTION MAKING THE PERSON AN ADOPTIVE PARENT, OR THE DEPARTMENT 4,745
TO ISSUE A CERTIFICATE AUTHORIZING THE PROSPECTIVE FOSTER 4,746
CAREGIVER TO OPERATE A FOSTER HOME.
(F) Any person (G) AN APPOINTING OR HIRING OFFICER, 4,748
ADMINISTRATIVE DIRECTOR, OR ATTORNEY required by division (A)(1) 4,749
of this section to request a criminal records check shall inform 4,751
each person WHO IS THE APPLICANT, at the time of the person's 4,753
initial application for APPOINTMENT OR employment with an entity 4,754
as a person responsible for a child's care in out-of-home care or 4,755
the person's initial application for becoming an adoptive parent, 4,756
AN ADOPTION TO BE ARRANGED, or A foster parent HOME CERTIFICATE, 4,758
that the person SUBJECT TO THE CRIMINAL RECORDS CHECK is required 4,759
to provide a set of impressions of the person's fingerprints and 4,760
that a criminal records check is required to be conducted and 4,761
109
satisfactorily completed in accordance with section 109.572 of 4,762
the Revised Code if the person comes under final consideration 4,763
for appointment or employment as a precondition to employment for 4,764
that position or if the person is to be given final consideration 4,765
as an adoptive parent or foster parent.
(G)(H) As used in this section: 4,767
(1) "Applicant" means a person who is under final 4,769
consideration for appointment or employment as a person 4,770
responsible for a child's care in out-of-home care. 4,771
(2) "Person responsible for a child's care in out-of-home 4,773
care" has the same meaning as in section 2151.011 of the Revised 4,774
Code, except that it does not include a prospective employee of 4,775
the department of youth services or a person responsible for a 4,776
child's care in a hospital or medical clinic other than a 4,777
children's hospital. 4,778
(3) "Children's hospital" means any of the following: 4,780
(a) A hospital registered under section 3701.07 of the 4,782
Revised Code that provides general pediatric medical and surgical 4,783
care, and in which at least seventy-five per cent of annual 4,784
inpatient discharges for the preceding two calendar years were 4,785
individuals less than eighteen years of age; 4,786
(b) A distinct portion of a hospital registered under 4,788
section 3701.07 of the Revised Code that provides general 4,789
pediatric medical and surgical care, has a total of at least one 4,790
hundred fifty registered pediatric special care and pediatric 4,791
acute care beds, and in which at least seventy-five per cent of 4,792
annual inpatient discharges for the preceding two calendar years 4,793
were individuals less than eighteen years of age; 4,794
(c) A distinct portion of a hospital, if the hospital is 4,796
registered under section 3701.07 of the Revised Code as a 4,797
children's hospital and the children's hospital meets all the 4,798
requirements of division (G)(H)(3)(a) of this section. 4,799
(4)(2) "Criminal records check" has the same meaning as in 4,801
section 109.572 of the Revised Code. 4,802
110
(5)(3) "Minor drug possession offense" has the same 4,804
meaning as in section 2925.01 of the Revised Code. 4,806
(4) "PERSON RESPONSIBLE FOR A CHILD'S CARE IN OUT-OF-HOME 4,808
CARE" HAS THE SAME MEANING AS IN SECTION 2151.011 OF THE REVISED 4,809
CODE, EXCEPT THAT IT DOES NOT INCLUDE A PROSPECTIVE EMPLOYEE OF 4,810
THE DEPARTMENT OF YOUTH SERVICES OR A PERSON RESPONSIBLE FOR A 4,811
CHILD'S CARE IN A HOSPITAL OR MEDICAL CLINIC OTHER THAN A
CHILDREN'S HOSPITAL. 4,812
(5) "PERSON SUBJECT TO A CRIMINAL RECORDS CHECK" MEANS THE 4,814
FOLLOWING:
(a) A PERSON WHO IS UNDER FINAL CONSIDERATION FOR 4,816
APPOINTMENT OR EMPLOYMENT AS A PERSON RESPONSIBLE FOR A CHILD'S 4,817
CARE IN OUT-OF-HOME CARE;
(b) A PROSPECTIVE ADOPTIVE PARENT; 4,819
(c) A PROSPECTIVE FOSTER CAREGIVER; 4,821
(d) A PERSON EIGHTEEN YEARS OLD OR OLDER WHO RESIDES WITH 4,823
A PROSPECTIVE FOSTER CAREGIVER. 4,825
(6) "RECOMMENDING AGENCY" MEANS A PUBLIC CHILDREN SERVICES 4,827
AGENCY, PRIVATE CHILD PLACING AGENCY, OR PRIVATE NONCUSTODIAL 4,828
AGENCY TO WHICH THE DEPARTMENT OF JOB AND FAMILY SERVICES HAS 4,829
DELEGATED A DUTY TO INSPECT AND APPROVE FOSTER HOMES. 4,830
(7) "SUPERINTENDENT OF BCII" MEANS THE SUPERINTENDENT OF 4,832
THE BUREAU OF CRIMINAL IDENTIFICATION AND INVESTIGATION. 4,833
Sec. 2317.02. The following persons shall not testify in 4,842
certain respects: 4,843
(A) An attorney, concerning a communication made to the 4,845
attorney by a client in that relation or the attorney's advice to 4,847
a client, except that the attorney may testify by express consent 4,848
of the client or, if the client is deceased, by the express 4,849
consent of the surviving spouse or the executor or administrator 4,850
of the estate of the deceased client and except that, if the 4,851
client voluntarily testifies or is deemed by section 2151.421 of 4,852
the Revised Code to have waived any testimonial privilege under 4,853
this division, the attorney may be compelled to testify on the 4,854
111
same subject;
(B)(1) A physician or a dentist concerning a communication 4,856
made to the physician or dentist by a patient in that relation or 4,857
the physician's or dentist's advice to a patient, except as 4,859
otherwise provided in this division, division (B)(2), and
division (B)(3) of this section, and except that, if the patient 4,860
is deemed by section 2151.421 of the Revised Code to have waived 4,861
any testimonial privilege under this division, the physician may 4,862
be compelled to testify on the same subject. 4,863
The testimonial privilege established under this division 4,865
does not apply, and a physician or dentist may testify or may be 4,866
compelled to testify, in any of the following circumstances: 4,867
(a) In any civil action, in accordance with the discovery 4,869
provisions of the Rules of Civil Procedure in connection with a 4,870
civil action, or in connection with a claim under Chapter 4123. 4,871
of the Revised Code, under any of the following circumstances: 4,872
(i) If the patient or the guardian or other legal 4,874
representative of the patient gives express consent; 4,875
(ii) If the patient is deceased, the spouse of the patient 4,877
or the executor or administrator of the patient's estate gives 4,879
express consent;
(iii) If a medical claim, dental claim, chiropractic 4,881
claim, or optometric claim, as defined in section 2305.11 of the 4,882
Revised Code, an action for wrongful death, any other type of 4,883
civil action, or a claim under Chapter 4123. of the Revised Code 4,884
is filed by the patient, the personal representative of the 4,885
estate of the patient if deceased, or the patient's guardian or 4,887
other legal representative.
(b) In any criminal action concerning any test or the 4,889
results of any test that determines the presence or concentration 4,890
of alcohol, a drug of abuse, or alcohol and a drug of abuse in 4,891
the patient's blood, breath, urine, or other bodily substance at 4,892
any time relevant to the criminal offense in question. 4,893
(c) In any criminal action against a physician or dentist. 4,896
112
In such an action, the testimonial privilege established under 4,897
this division does not prohibit the admission into evidence, in 4,898
accordance with the Rules of Evidence, of a patient's medical or 4,901
dental records or other communications between a patient and the 4,902
physician or dentist that are related to the action and obtained 4,903
by subpoena, search warrant, or other lawful means. A court that 4,904
permits or compels a physician or dentist to testify in such an 4,905
action or permits the introduction into evidence of patient 4,906
records or other communications in such an action shall require 4,907
that appropriate measures be taken to ensure that the 4,908
confidentiality of any patient named or otherwise identified in 4,909
the records is maintained. Measures to ensure confidentiality 4,910
that may be taken by the court include sealing its records or 4,911
deleting specific information from its records. 4,912
(2)(a) If any law enforcement officer submits a written 4,914
statement to a health care provider that states that an official 4,915
criminal investigation has begun regarding a specified person or 4,916
that a criminal action or proceeding has been commenced against a 4,917
specified person, that requests the provider to supply to the 4,918
officer copies of any records the provider possesses that pertain
to any test or the results of any test administered to the 4,919
specified person to determine the presence or concentration of 4,920
alcohol, a drug of abuse, or alcohol and a drug of abuse in the 4,921
person's blood, breath, or urine at any time relevant to the 4,922
criminal offense in question, and that conforms to section
2317.022 of the Revised Code, the provider, except to the extent 4,923
specifically prohibited by any law of this state or of the United 4,924
States, shall supply to the officer a copy of any of the 4,925
requested records the provider possesses. If the health care 4,926
provider does not possess any of the requested records, the
provider shall give the officer a written statement that 4,927
indicates that the provider does not possess any of the requested 4,928
records.
(b) If a health care provider possesses any records of the 4,930
113
type described in division (B)(2)(a) of this section regarding 4,931
the person in question at any time relevant to the criminal 4,932
offense in question, in lieu of personally testifying as to the 4,933
results of the test in question, the custodian of the records may 4,934
submit a certified copy of the records, and, upon its submission,
the certified copy is qualified as authentic evidence and may be 4,935
admitted as evidence in accordance with the Rules of Evidence. 4,936
Division (A) of section 2317.422 of the Revised Code does not 4,937
apply to any certified copy of records submitted in accordance 4,938
with this division. Nothing in this division shall be construed 4,939
to limit the right of any party to call as a witness the person
who administered the test to which the records pertain, the 4,940
person under whose supervision the test was administered, the 4,941
custodian of the records, the person who made the records, or the 4,942
person under whose supervision the records were made. 4,943
(3)(a) If the testimonial privilege described in division 4,945
(B)(1) of this section does not apply as provided in division 4,946
(B)(1)(a)(iii) of this section, a physician or dentist may be 4,947
compelled to testify or to submit to discovery under the Rules of 4,948
Civil Procedure only as to a communication made to the physician 4,949
or dentist by the patient in question in that relation, or the 4,950
physician's or dentist's advice to the patient in question, that 4,952
related causally or historically to physical or mental injuries 4,953
that are relevant to issues in the medical claim, dental claim, 4,954
chiropractic claim, or optometric claim, action for wrongful 4,955
death, other civil action, or claim under Chapter 4123. of the 4,956
Revised Code.
(b) If the testimonial privilege described in division 4,958
(B)(1) of this section does not apply to a physician or dentist 4,959
as provided in division (B)(1)(b) of this section, the physician 4,960
or dentist, in lieu of personally testifying as to the results of 4,961
the test in question, may submit a certified copy of those
results, and, upon its submission, the certified copy is 4,962
qualified as authentic evidence and may be admitted as evidence 4,963
114
in accordance with the Rules of Evidence. Division (A) of 4,964
section 2317.422 of the Revised Code does not apply to any 4,965
certified copy of results submitted in accordance with this
division. Nothing in this division shall be construed to limit 4,966
the right of any party to call as a witness the person who 4,967
administered the test in question, the person under whose 4,968
supervision the test was administered, the custodian of the
results of the test, the person who compiled the results, or the 4,969
person under whose supervision the results were compiled. 4,970
(4)(a) As used in divisions (B)(1) to (3) of this section, 4,972
"communication" means acquiring, recording, or transmitting any 4,973
information, in any manner, concerning any facts, opinions, or 4,974
statements necessary to enable a physician or dentist to 4,975
diagnose, treat, prescribe, or act for a patient. A 4,976
"communication" may include, but is not limited to, any medical 4,977
or dental, office, or hospital communication such as a record, 4,978
chart, letter, memorandum, laboratory test and results, x-ray, 4,979
photograph, financial statement, diagnosis, or prognosis. 4,980
(b) As used in division (B)(2) of this section, "health 4,982
care provider" has the same meaning as in section 3729.01 of the 4,983
Revised Code.
(5) Divisions (B)(1), (2), (3), and (4) of this section 4,985
apply to doctors of medicine, doctors of osteopathic medicine, 4,986
doctors of podiatry, and dentists. 4,987
(6) Nothing in divisions (B)(1) to (5) of this section 4,989
affects, or shall be construed as affecting, the immunity from 4,990
civil liability conferred by section 307.628 OR 2305.33 of the 4,991
Revised Code upon physicians who report an employee's use of a 4,993
drug of abuse, or a condition of an employee other than one 4,994
involving the use of a drug of abuse, to the employer of the 4,995
employee in accordance with division (B) of that section. As 4,996
used in division (B)(6) of this section, "employee," "employer," 4,998
and "physician" have the same meanings as in section 2305.33 of 4,999
the Revised Code.
115
(C) A member of the clergy, rabbi, priest, or regularly 5,001
ordained, accredited, or licensed minister of an established and 5,003
legally cognizable church, denomination, or sect, when the member 5,004
of the clergy, rabbi, priest, or minister remains accountable to 5,006
the authority of that church, denomination, or sect, concerning a 5,007
confession made, or any information confidentially communicated, 5,008
to the member of the clergy, rabbi, priest, or minister for a 5,010
religious counseling purpose in the member of the clergy's, 5,011
rabbi's, priest's, or minister's professional character; however, 5,013
the member of the clergy, rabbi, priest, or minister may testify 5,015
by express consent of the person making the communication, except 5,016
when the disclosure of the information is in violation of a 5,017
sacred trust.
(D) Husband or wife, concerning any communication made by 5,019
one to the other, or an act done by either in the presence of the 5,020
other, during coverture, unless the communication was made, or 5,021
act done, in the known presence or hearing of a third person 5,022
competent to be a witness; and such rule is the same if the 5,023
marital relation has ceased to exist. 5,024
(E) A person who assigns a claim or interest, concerning 5,026
any matter in respect to which the person would not, if a party, 5,028
be permitted to testify;
(F) A person who, if a party, would be restricted under 5,031
section 2317.03 of the Revised Code, when the property or thing 5,032
is sold or transferred by an executor, administrator, guardian, 5,033
trustee, heir, devisee, or legatee, shall be restricted in the 5,034
same manner in any action or proceeding concerning the property 5,035
or thing.
(G)(1) A school guidance counselor who holds a valid 5,037
educator license from the state board of education as provided 5,039
for in section 3319.22 of the Revised Code, a person licensed 5,040
under Chapter 4757. of the Revised Code as a professional 5,041
clinical counselor, professional counselor, social worker, or 5,042
independent social worker, or registered under Chapter 4757. of 5,043
116
the Revised Code as a social work assistant concerning a 5,044
confidential communication received from a client in that 5,045
relation or the person's advice to a client unless any of the 5,047
following applies:
(a) The communication or advice indicates clear and 5,049
present danger to the client or other persons. For the purposes 5,050
of this division, cases in which there are indications of present 5,051
or past child abuse or neglect of the client constitute a clear 5,052
and present danger. 5,053
(b) The client gives express consent to the testimony. 5,055
(c) If the client is deceased, the surviving spouse or the 5,057
executor or administrator of the estate of the deceased client 5,058
gives express consent. 5,059
(d) The client voluntarily testifies, in which case the 5,061
school guidance counselor or person licensed or registered under 5,062
Chapter 4757. of the Revised Code may be compelled to testify on 5,064
the same subject.
(e) The court in camera determines that the information 5,066
communicated by the client is not germane to the counselor-client 5,067
or social worker-client relationship. 5,068
(f) A court, in an action brought against a school, its 5,070
administration, or any of its personnel by the client, rules 5,071
after an in-camera inspection that the testimony of the school 5,072
guidance counselor is relevant to that action. 5,073
(2) Nothing in division (G)(1) of this section shall 5,075
relieve a school guidance counselor or a person licensed or 5,077
registered under Chapter 4757. of the Revised Code from the 5,079
requirement to report information concerning child abuse or 5,080
neglect under section 2151.421 of the Revised Code.
(H) A mediator acting under a mediation order issued under 5,082
division (A) of section 3109.052 of the Revised Code or otherwise 5,083
issued in any proceeding for divorce, dissolution, legal 5,084
separation, annulment, or the allocation of parental rights and 5,085
responsibilities for the care of children, in any action or 5,086
117
proceeding, other than a criminal, delinquency, child abuse, 5,087
child neglect, or dependent child action or proceeding, that is 5,088
brought by or against either parent who takes part in mediation 5,089
in accordance with the order and that pertains to the mediation 5,090
process, to any information discussed or presented in the 5,091
mediation process, to the allocation of parental rights and 5,092
responsibilities for the care of the parents' children, or to the 5,093
awarding of visitation rights in relation to their children. 5,094
(I) A communications assistant, acting within the scope of 5,096
the communication assistant's authority, when providing 5,097
telecommunications relay service pursuant to section 4931.35 of 5,099
the Revised Code or Title II of the "Communications Act of 1934," 5,100
104 Stat. 366 (1990), 47 U.S.C. 225, concerning a communication 5,101
made through a telecommunications relay service. 5,102
Nothing in this section shall limit any immunity or 5,104
privilege granted under federal law or regulation. Nothing in 5,105
this section shall limit the obligation of a communications 5,106
assistant to divulge information or testify when mandated by 5,107
federal law or regulation or pursuant to subpoena in a criminal 5,108
proceeding. 5,109
Sec. 2907.08. (A) No person, for the purpose of sexually 5,118
arousing or gratifying the person's self, shall commit trespass 5,120
or otherwise surreptitiously invade the privacy of another, to 5,121
spy or eavesdrop upon another. 5,122
(B) No person, for the purpose of sexually arousing or 5,124
gratifying the person's self, shall commit trespass or otherwise 5,125
surreptitiously invade the privacy of another to photograph the 5,126
other person in a state of nudity.
(C) No person, for the purpose of sexually arousing or 5,128
gratifying the person's self, shall commit trespass or otherwise 5,130
surreptitiously invade the privacy of another to photograph the 5,131
other person in a state of nudity if the other person is a minor. 5,132
(D) No person, for the purpose of sexually arousing or 5,135
gratifying the person's self, shall commit trespass or otherwise 5,136
118
surreptitiously invade the privacy of another to photograph the
other person in a state of nudity if the other person is a minor 5,138
and any of the following applies: 5,139
(1) The offender is the minor's natural or adoptive 5,141
parent, stepparent, guardian, or custodian, or person in loco 5,142
parentis of the minor.
(2) The minor is in custody of law or is a patient in a 5,144
hospital or other institution, and the offender has supervisory 5,145
or disciplinary authority over the minor. 5,146
(3) The offender is a teacher, administrator, coach, or 5,148
other person in authority employed by or serving in a school for 5,149
which the state board of education prescribes minimum standards 5,150
pursuant to division (D) of section 3301.07 of the Revised Code, 5,152
the minor is enrolled in or attends that school, and the offender 5,153
is not enrolled in and does not attend that school. 5,154
(4) The offender is a teacher, administrator, coach, or 5,156
other person in authority employed by or serving in an 5,157
institution of higher education, and the minor is enrolled in or 5,159
attends that institution.
(5) The offender is a caregiver, administrator, or other 5,161
person in authority employed by or serving in a child day-care 5,162
center, type A family day-care home, or type B family day-care 5,164
home, and the minor is enrolled in or attends that center or 5,165
home.
(6) The offender is the minor's athletic or other type of 5,167
coach, is the minor's instructor, is the leader of a scouting 5,168
troop of which the minor is a member, provides babysitting care 5,169
for the minor, or is a person with temporary or occasional 5,170
disciplinary control over the minor.
(E)(1) Whoever violates this section is guilty of 5,172
voyeurism. 5,173
(2) A violation of division (A) of this section is a 5,176
misdemeanor of the third degree.
(3) A violation of division (B) of this section is a 5,179
119
misdemeanor of the second degree.
(4) A violation of division (C) of this section is a 5,182
misdemeanor of the first degree.
(5) A violation of division (D) of this section is a 5,185
felony of the fifth degree.
(F) As used in this section: 5,187
(1) "Institution of higher education" means a state 5,189
institution of higher education as defined in section 3345.031 of 5,190
the Revised Code, a private nonprofit college or university 5,192
located in this state that possesses a certificate of 5,193
authorization issued by the Ohio board of regents pursuant to 5,194
Chapter 1713. of the Revised Code, or a school certified under 5,197
Chapter 3332. of the Revised Code. 5,199
(2) "Child day-care center," "type A family day-care 5,202
home," and "type B family day-care home" have the same meanings 5,203
as in section 5104.01 of the Revised Code. 5,205
(3) "Babysitting care" has the same meaning as in section 5,207
2151.011 of the Revised Code MEANS CARE PROVIDED FOR A CHILD 5,209
WHILE THE PARENTS, GUARDIAN, OR LEGAL CUSTODIAN OF THE CHILD IS 5,210
TEMPORARILY AWAY.
Sec. 3107.01. As used in sections 3107.01 to 3107.19 of 5,219
the Revised Code:
(A) "Agency" means any public or private organization 5,221
certified, licensed, or otherwise specially empowered by law or 5,222
rule to place minors for adoption. 5,223
(B) "Attorney" means a person who has been admitted to the 5,225
bar by order of the Ohio supreme court. 5,226
(C) "Child" means a son or daughter, whether by birth or 5,228
by adoption. 5,229
(D) "Court" means the probate courts of this state, and 5,231
when the context requires, means the court of any other state 5,233
empowered to grant petitions for adoption. 5,234
(E) "FOSTER CAREGIVER" HAS THE SAME MEANING AS IN SECTION 5,236
5103.02 OF THE REVISED CODE. 5,237
120
(F) "Identifying information" means any of the following 5,240
with regard to a person: first name, last name, maiden name, 5,241
alias, social security number, address, telephone number, place 5,242
of employment, number used to identify the person for the purpose 5,243
of the statewide education management information system
established pursuant to section 3301.0714 of the Revised Code, 5,244
and any other number federal or state law requires or permits to 5,245
be used to identify the person.
(F)(G) "Minor" means a person under the age of eighteen 5,247
years. 5,248
(G)(H) "Putative father" means a man, including one under 5,251
age eighteen, who may be a child's father and to whom all of the 5,252
following apply:
(1) He is not married to the child's mother at the time of 5,254
the child's conception or birth; 5,255
(2) He has not adopted the child; 5,257
(3) He has not been determined, prior to the date a 5,259
petition to adopt the child is filed, to have a parent and child 5,260
relationship with the child by a court proceeding pursuant to 5,261
sections 3111.01 to 3111.19 of the Revised Code, a court 5,262
proceeding in another state, an administrative agency proceeding 5,263
pursuant to sections 3111.20 to 3111.29 of the Revised Code, or 5,265
an administrative agency proceeding in another state;
(4) He has not acknowledged paternity of the child 5,267
pursuant to section 5101.314 of the Revised Code. 5,268
Sec. 3107.012. (A) A FOSTER CAREGIVER MAY USE THE 5,270
APPLICATION PRESCRIBED UNDER DIVISION (B) OF THIS SECTION TO 5,271
OBTAIN THE SERVICES OF AN AGENCY TO ARRANGE AN ADOPTION FOR THE 5,272
FOSTER CAREGIVER IF THE FOSTER CAREGIVER SEEKS TO ADOPT THE 5,273
FOSTER CAREGIVER'S FOSTER CHILD WHO HAS RESIDED IN THE FOSTER 5,275
CAREGIVER'S HOME FOR AT LEAST TWELVE MONTHS PRIOR TO THE DATE THE 5,276
FOSTER CAREGIVER SUBMITS THE APPLICATION TO THE AGENCY.
(B) THE DEPARTMENT OF JOB AND FAMILY SERVICES SHALL 5,278
PRESCRIBE AN APPLICATION FOR A FOSTER CAREGIVER TO USE UNDER 5,279
121
DIVISION (A) OF THIS SECTION. THE APPLICATION SHALL NOT REQUIRE 5,280
THAT THE FOSTER CAREGIVER PROVIDE ANY INFORMATION THE FOSTER 5,281
CAREGIVER ALREADY PROVIDED THE DEPARTMENT, OR UNDERGO AN 5,282
INSPECTION THE FOSTER CAREGIVER ALREADY UNDERWENT, TO OBTAIN A 5,283
FOSTER HOME CERTIFICATE UNDER SECTION 5103.03 OF THE REVISED 5,284
CODE.
(C) AN AGENCY THAT RECEIVES AN APPLICATION PRESCRIBED 5,286
UNDER DIVISION (B) OF THIS SECTION FROM A FOSTER CAREGIVER 5,287
AUTHORIZED TO USE THE APPLICATION SHALL NOT REQUIRE, AS A 5,288
CONDITION OF THE AGENCY ACCEPTING OR APPROVING THE APPLICATION, 5,289
THAT THE FOSTER CAREGIVER UNDERGO A CRIMINAL RECORDS CHECK UNDER
SECTION 2151.86 OF THE REVISED CODE AS A PROSPECTIVE ADOPTIVE 5,290
PARENT. THE AGENCY SHALL INFORM THE FOSTER CAREGIVER, IN 5,291
ACCORDANCE WITH DIVISION (G) OF SECTION 2151.86 OF THE REVISED 5,292
CODE, THAT THE FOSTER CAREGIVER MUST UNDERGO THE CRIMINAL RECORDS 5,293
CHECK BEFORE A COURT MAY ISSUE A FINAL DECREE OF ADOPTION OR
INTERLOCUTORY ORDER OF ADOPTION UNDER SECTION 3107.14 OF THE 5,294
REVISED CODE.
Sec. 3107.013. AN AGENCY ARRANGING AN ADOPTION PURSUANT TO 5,296
AN APPLICATION SUBMITTED TO THE AGENCY UNDER SECTION 3107.012 OF 5,297
THE REVISED CODE FOR A FOSTER CAREGIVER SEEKING TO ADOPT THE 5,299
FOSTER CAREGIVER'S FOSTER CHILD SHALL OFFER TO PROVIDE THE FOSTER
CAREGIVER INFORMATION ABOUT ADOPTION, INCLUDING INFORMATION ABOUT 5,300
STATE ADOPTION LAW, ADOPTION ASSISTANCE AVAILABLE PURSUANT TO 5,301
SECTION 5153.163 OF THE REVISED CODE AND TITLE IV-E OF THE 5,306
"SOCIAL SECURITY ACT," 94 STAT. 501, 42 U.S.C.A. 670 (1980), AS 5,310
AMENDED, AND OTHER ADOPTION ISSUES THE DEPARTMENT OF JOB AND 5,311
FAMILY SERVICES IDENTIFIES. IF THE FOSTER CAREGIVER INFORMS THE 5,312
AGENCY THAT THE FOSTER CAREGIVER WANTS THE INFORMATION, THE 5,313
AGENCY SHALL PROVIDE THE INFORMATION TO THE FOSTER CAREGIVER IN 5,314
ACCORDANCE WITH RULES THE DEPARTMENT OF JOB AND FAMILY SERVICES 5,315
SHALL ADOPT IN ACCORDANCE WITH CHAPTER 119. OF THE REVISED CODE. 5,317
Sec. 3107.012 3107.014. (A) Except as provided in 5,327
division (B) of this section, only an individual who meets all of 5,328
122
the following requirements may perform the duties of an assessor 5,329
under sections 3107.031, 3107.082, 3107.09, 3107.12, 5103.0324, 5,330
and 5103.152 of the Revised Code: 5,331
(1) The individual must be in the employ of, appointed by, 5,334
or under contract with a court, public children services agency, 5,335
private child placing agency, or private noncustodial agency; 5,336
(2) The individual must be one of the following: 5,338
(a) A professional counselor or social worker licensed 5,340
under Chapter 4757. of the Revised Code; 5,341
(b) A psychologist licensed under Chapter 4732. of the 5,343
Revised Code;
(c) A student working to earn a post-secondary degree who 5,346
conducts assessor's duties under the supervision of a
professional counselor or social worker licensed under Chapter 5,348
4757. of the Revised Code or a psychologist licensed under
Chapter 4732. of the Revised Code; 5,349
(d) A civil service employee engaging in social work 5,351
without a license under Chapter 4757. of the Revised Code, as 5,352
permitted by division (A)(5) of section 4757.41 of the Revised 5,354
Code;
(e) A FORMER EMPLOYEE OF A PUBLIC CHILDREN SERVICES AGENCY 5,356
WHO, WHILE SO EMPLOYED, CONDUCTED THE DUTIES OF AN ASSESSOR. 5,357
(3) The individual must complete education programs in 5,359
accordance with rules adopted under section 3107.013 3107.015 of 5,361
the Revised Code.
(B) An individual in the employ of, appointed by, or under 5,364
contract with a court prior to September 18, 1996, to conduct 5,365
adoption investigations of prospective adoptive parents may 5,367
perform the duties of an assessor under sections 3107.031, 5,368
3107.082, 3107.09, 3107.12, 5103.0324, and 5103.152 of the 5,370
Revised Code if the individual complies with division (A)(3) of 5,371
this section regardless of whether the individual meets the 5,372
requirement of division (A)(2) of this section. 5,373
(C) A court, public children services agency, private 5,376
123
child placing agency, or private noncustodial agency may employ, 5,377
appoint, or contract with an assessor in the county in which a
petition for adoption is filed and in any other county or 5,378
location outside this state where information needed to complete 5,379
or supplement the assessor's duties may be obtained. More than 5,380
one assessor may be utilized for an adoption. 5,381
Sec. 3107.013 3107.015. Not later than ninety days after 5,390
the effective date of this section JUNE 20, 1996, the director of 5,392
job and family services shall adopt rules in accordance with 5,396
Chapter 119. of the Revised Code governing the education programs 5,397
an individual must complete for the purpose of division (A)(3) of 5,398
section 3107.012 3107.014 of the Revised Code. The education 5,399
programs shall include courses on adoption placement practice, 5,400
federal and state adoption assistance programs, and post adoption 5,401
support services.
Sec. 3107.016. THE DEPARTMENT OF JOB AND FAMILY SERVICES 5,403
SHALL DEVELOP A SCHEDULE OF EDUCATION PROGRAMS THAT MEET THE 5,404
REQUIREMENTS ESTABLISHED IN RULES ADOPTED PURSUANT TO SECTION 5,405
3107.015 OF THE REVISED CODE. THE SCHEDULE SHALL INCLUDE ENOUGH 5,407
PROGRAMS TO PROVIDE ALL AGENCIES EQUAL ACCESS TO THE PROGRAMS. 5,408
THE DEPARTMENT SHALL DISTRIBUTE THE SCHEDULE TO ALL AGENCIES. 5,410
Sec. 3107.02. (A) Any minor may be adopted. 5,419
(B) An adult may be adopted under any of the following 5,421
conditions: 5,422
(1) If he THE ADULT is totally and permanently disabled; 5,424
(2) If he THE ADULT is determined to be a mentally 5,426
retarded person as defined in section 5123.01 of the Revised 5,428
Code;
(3) If he THE ADULT had established a child-foster parent 5,431
CAREGIVER or child-stepparent relationship with the petitioners 5,432
as a minor, and he THE ADULT consents to the adoption. 5,433
(C) When proceedings to adopt a minor are initiated by the 5,435
filing of a petition, and the eighteenth birthday of the minor 5,436
occurs prior to the decision of the court, the court shall 5,437
124
require the person who is to be adopted to submit a written 5,438
statement of consent or objection to the adoption. If an 5,439
objection is submitted, the petition shall be dismissed, and if a 5,440
consent is submitted, the court shall proceed with the case, and 5,441
may issue an interlocutory order or final decree of adoption. 5,442
Sec. 3107.031. An EXCEPT AS OTHERWISE PROVIDED IN THIS 5,451
SECTION, AN assessor shall conduct a home study for the purpose 5,452
of ascertaining whether a person seeking to adopt a minor is 5,453
suitable to adopt. A written report of the home study shall be 5,454
filed with the court at least ten days before the petition for 5,455
adoption is heard.
The report shall contain the opinion of the assessor as to 5,457
whether the person who is the subject of the report is suitable 5,458
to adopt a minor and other information and documents specified in 5,460
rules adopted by the director of job and family services under 5,462
section 3107.032 of the Revised Code. The assessor shall not 5,463
consider the person's age when determining whether the person is 5,464
suitable to adopt if the person is old enough to adopt as 5,465
provided by section 3107.03 of the Revised Code. 5,466
An assessor may request departments or agencies within or 5,469
outside this state to assist in the home study as may be
appropriate and to make a written report to be included with and 5,470
attached to the report to the court. The assessor shall make 5,471
similar home studies and reports on behalf of other assessors 5,472
designated by the courts of this state or another place. 5,473
Upon order of the court, the costs of the home study and 5,475
other proceedings shall be paid by the person seeking to adopt, 5,476
and, if the home study is conducted by a public agency or public 5,477
employee, the part of the cost representing any services and 5,478
expenses shall be taxed as costs and paid into the state treasury 5,479
or county treasury, as the court may direct.
On request, the assessor shall provide the person seeking 5,481
to adopt a copy of the report of the home study. The assessor 5,482
shall delete from that copy any provisions concerning the opinion 5,483
125
of other persons, excluding the assessor, of the person's 5,484
suitability to adopt a minor.
THIS SECTION DOES NOT APPLY TO A FOSTER CAREGIVER SEEKING 5,486
TO ADOPT THE FOSTER CAREGIVER'S FOSTER CHILD IF THE FOSTER CHILD 5,487
HAS RESIDED IN THE FOSTER CAREGIVER'S HOME FOR AT LEAST TWELVE 5,488
MONTHS PRIOR TO THE DATE THE FOSTER CAREGIVER SUBMITS AN 5,489
APPLICATION PRESCRIBED UNDER DIVISION (B) OF SECTION 3107.012 OF 5,490
THE REVISED CODE TO THE AGENCY ARRANGING THE ADOPTION.
Sec. 3107.12. (A) Except as provided in division (B) of 5,500
this section, an assessor shall conduct a prefinalization
assessment of a minor and petitioner before a court issues a 5,503
final decree of adoption or finalizes an interlocutory order of
adoption for the minor. On completion of the assessment, the 5,504
assessor shall prepare a written report of the assessment and 5,505
provide a copy of the report to the court before which the 5,506
adoption petition is pending.
The report of a prefinalization assessment shall include 5,508
all of the following: 5,509
(1) The adjustment of the minor and the petitioner to the 5,512
adoptive placement;
(2) The present and anticipated needs of the minor and the 5,514
petitioner, as determined by a review of the minor's medical and 5,515
social history, for adoption-related services, including 5,516
assistance under Title IV-E of the "Social Security Act," 94 5,517
Stat. 501 (1980), 42 U.S.C.A. 670, as amended, or section 5,518
5153.163 of the Revised Code and counseling, case management 5,519
services, crisis services, diagnostic services, and therapeutic 5,520
counseling.
(3) The physical, mental, and developmental condition of 5,523
the minor;
(4) If known, the minor's biological family background, 5,526
including identifying information about the biological or other 5,527
legal parents;
(5) The reasons for the minor's placement with the 5,530
126
petitioner, the petitioner's attitude toward the proposed
adoption, and the circumstances under which the minor was placed 5,531
in the home of the petitioner; 5,532
(6) The attitude of the minor toward the proposed 5,535
adoption, if the minor's age makes this feasible;
(7) If the minor is an Indian child, as defined in 25 5,537
U.S.C.A. 1903(4), how the placement complies with the "Indian 5,538
Child Welfare Act of 1978," 92 Stat. 3069, 25 U.S.C.A. 1901, as 5,539
amended.
The assessor shall file the prefinalization report with the 5,541
court not later than twenty days prior to the date scheduled for 5,542
the final hearing on the adoption unless the court determines 5,543
there is good cause for filing the report at a later date. 5,544
(B) This section does not apply if the petitioner is the 5,547
minor's stepparent, unless a court, after determining a
prefinalization assessment is in the best interest of the minor, 5,548
orders that an assessor conduct a prefinalization assessment. 5,549
THIS SECTION ALSO DOES NOT APPLY IF THE PETITIONER IS THE MINOR'S 5,550
FOSTER CAREGIVER AND THE MINOR HAS RESIDED IN THE PETITIONER'S 5,551
HOME AS THE FOSTER CAREGIVER'S FOSTER CHILD FOR AT LEAST TWELVE 5,552
MONTHS PRIOR TO THE DATE THE PETITIONER SUBMITS AN APPLICATION 5,553
PRESCRIBED UNDER DIVISION (B) OF SECTION 3107.012 OF THE REVISED
CODE TO THE AGENCY ARRANGING THE ADOPTION. 5,554
(C) The director of job and family services shall adopt 5,557
rules in accordance with Chapter 119. of the Revised Code 5,559
defining "counseling," "case management services," "crisis 5,560
services," "diagnostic services," and "therapeutic counseling" 5,561
for the purpose of this section.
Sec. 3107.13. (A) A final decree of adoption shall not be 5,570
issued and an interlocutory order of adoption does not become 5,571
final, until the person to be adopted has lived in the adoptive 5,572
home for at least six months after placement by an agency, or for 5,573
at least six months after the department of job and family 5,574
services or the court has been informed of the placement of the
127
person with the petitioner, and the department or court has had 5,576
an opportunity to observe or investigate the adoptive home, or in 5,577
the case of adoption by a stepparent, until at least six months 5,578
after the filing of the petition, or until the child has lived in 5,579
the home for at least six months.
(B) In the case of a foster parent CAREGIVER adopting a 5,581
foster child or person adopting a child to whom the person is 5,583
related, the court shall apply the amount of time the child lived 5,584
in the foster parent's CAREGIVER'S or relative's home prior to 5,585
the date the foster parent CAREGIVER or relative files the 5,586
petition to adopt the child toward the six-month waiting period 5,588
established by division (A) of this section. 5,589
Sec. 3107.14. (A) The petitioner and the person sought to 5,598
be adopted shall appear at the hearing on the petition, unless 5,599
the presence of either is excused by the court for good cause 5,600
shown. 5,601
(B) The court may continue the hearing from time to time 5,603
to permit further observation, investigation, or consideration of 5,604
any facts or circumstances affecting the granting of the 5,605
petition, and may examine the petitioners separate and apart from 5,606
each other. 5,607
(C) If, at the conclusion of the hearing, the court finds 5,609
that the required consents have been obtained or excused and that 5,610
the adoption is in the best interest of the person sought to be 5,611
adopted as supported by the evidence, it may issue, subject to 5,612
division (B)(C)(1) of section 2151.86, section 3107.064, and 5,614
division (E) of section 3107.09 of the Revised Code, and any 5,615
other limitations specified in this chapter, a final decree of 5,616
adoption or an interlocutory order of adoption, which by its own 5,618
terms automatically becomes a final decree of adoption on a date 5,619
specified in the order, which, except as provided in division (B) 5,620
of section 3107.13 of the Revised Code, shall not be less than 5,622
six months or more than one year from the date of issuance of the 5,623
order, unless sooner vacated by the court for good cause shown. 5,624
128
In determining whether the adoption is in the best interest of 5,625
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 5,626
provided by section 3107.03 of the Revised Code. 5,627
In an interlocutory order of adoption, the court shall 5,629
provide for observation, investigation, and a further report on 5,630
the adoptive home during the interlocutory period. 5,631
(D) If the requirements for a decree under division (C) of 5,633
this section have not been satisfied or the court vacates an 5,634
interlocutory order of adoption, or if the court finds that a 5,635
person sought to be adopted was placed in the home of the 5,636
petitioner in violation of law, the court shall dismiss the 5,637
petition and may determine the agency or person to have temporary 5,638
or permanent custody of the person, which may include the agency 5,639
or person that had custody prior to the filing of the petition or 5,640
the petitioner, if the court finds it is in the best interest of 5,641
the person as supported by the evidence, or if the person is a 5,642
minor, the court may certify the case to the juvenile court of 5,643
the county where the minor is then residing for appropriate 5,644
action and disposition.
Sec. 3313.472. The board of education of each city, 5,653
exempted village, local, and joint vocational school district 5,654
shall adopt a policy on parental involvement in the schools of 5,655
the district. The policy shall be designed to build consistent 5,656
and effective communication between the parents AND FOSTER 5,657
CAREGIVERS of students enrolled in the district and the teachers 5,659
and administrators assigned to the schools their children OR 5,660
FOSTER CHILDREN attend. The policy shall provide the opportunity 5,662
for parents AND FOSTER CAREGIVERS to be actively involved in 5,663
their children's OR FOSTER CHILDREN'S education and to be 5,664
informed of the following: 5,665
(A) The importance of the involvement of parents AND 5,667
FOSTER CAREGIVERS in directly affecting the success of their 5,669
children's OR FOSTER CHILDREN'S educational efforts; 5,671
129
(B) How and when to assist their children OR FOSTER 5,673
CHILDREN in and support their children's OR FOSTER CHILDREN'S 5,675
classroom learning activities;
(C) Techniques, strategies, and skills to use at home to 5,677
improve their children's OR FOSTER CHILDREN'S academic success 5,678
and to support their children's OR FOSTER CHILDREN'S academic 5,680
efforts at school and their children's OR FOSTER CHILDREN'S 5,681
development as future responsible adult members of society. 5,682
Sec. 3313.64. (A) As used in this section and in section 5,691
3313.65 of the Revised Code: 5,692
(1) "Parent" means either parent, unless the parents are 5,694
separated or divorced or their marriage has been dissolved or 5,695
annulled, in which case "parent" means the parent who is the 5,696
residential parent and legal custodian of the child. When a 5,697
child is in the legal custody of a government agency or a person 5,698
other than the child's natural or adoptive parent, "parent" means 5,699
the parent with residual parental rights, privileges, and 5,700
responsibilities. When a child is in the permanent custody of a 5,701
government agency or a person other than the child's natural or 5,702
adoptive parent, "parent" means the parent who was divested of 5,703
parental rights and responsibilities for the care of the child 5,704
and the right to have the child live with the parent and be the 5,705
legal custodian of the child and all residual parental rights, 5,707
privileges, and responsibilities. 5,708
(2) "Legal custody," "permanent custody," and "residual 5,710
parental rights, privileges, and responsibilities" have the same 5,711
meanings as in section 2151.011 of the Revised Code. 5,712
(3) "School district" or "district" means a city, local, 5,714
or exempted village school district and excludes any school 5,715
operated in an institution maintained by the department of youth 5,716
services. 5,717
(4) Except as used in division (C)(2) of this section, 5,719
"home" means a home, institution, family foster home, group home, 5,720
or other residential facility in this state that receives and 5,721
130
cares for children, to which any of the following applies: 5,722
(a) The home is licensed, certified, or approved for such 5,724
purpose by the state or is maintained by the department of youth 5,725
services. 5,726
(b) The home is operated by a person who is licensed, 5,728
certified, or approved by the state to operate the home for such 5,729
purpose. 5,730
(c) The home accepted the child through a placement by a 5,732
person licensed, certified, or approved to place a child in such 5,733
a home by the state. 5,734
(d) The home is a children's home created under section 5,736
5153.21 or 5153.36 of the Revised Code. 5,737
(5) "Agency" means all of the following: 5,739
(a) A public children services agency; 5,741
(b) An organization that holds a certificate issued by the 5,743
Ohio department of job and family services in accordance with the 5,745
requirements of section 5103.03 of the Revised Code and assumes 5,746
temporary or permanent custody of children through commitment, 5,747
agreement, or surrender, and places children in family homes for 5,748
the purpose of adoption; 5,749
(c) Comparable agencies of other states or countries that 5,751
have complied with applicable requirements of section 2151.39, or 5,752
sections 5103.20 to 5103.28 of the Revised Code. 5,753
(6) A child is placed for adoption if either of the 5,755
following occurs: 5,756
(a) An agency to which the child has been permanently 5,758
committed or surrendered enters into an agreement with a person 5,759
pursuant to section 5103.16 of the Revised Code for the care and 5,761
adoption of the child. 5,762
(b) The child's natural parent places the child pursuant 5,764
to section 5103.16 of the Revised Code with a person who will 5,765
care for and adopt the child. 5,766
(7) "Handicapped preschool child" means a handicapped 5,768
child, as defined by division (A) of section 3323.01 of the 5,769
131
Revised Code, who is at least three years of age but is not of 5,770
compulsory school age, as defined in section 3321.01 of the 5,771
Revised Code, and who is not currently enrolled in kindergarten. 5,772
(8) "Child," unless otherwise indicated, includes 5,774
handicapped preschool children. 5,775
(B) Except as otherwise provided in section 3321.01 of the 5,777
Revised Code for admittance to kindergarten and first grade, a 5,778
child who is at least five but under twenty-two years of age and 5,779
any handicapped preschool child shall be admitted to school as 5,780
provided in this division. 5,781
(1) A child shall be admitted to the schools of the school 5,783
district in which the child's parent resides. 5,784
(2) A child who does not reside in the district where the 5,787
child's parent resides shall be admitted to the schools of the
district in which the child resides if any of the following 5,789
applies:
(a) The child is in the legal or permanent custody of a 5,791
government agency or a person other than the child's natural or 5,793
adoptive parent. 5,794
(b) The child resides in a home. 5,796
(c) The child requires special education. 5,798
(3) A child who is not entitled under division (B)(2) of 5,800
this section to be admitted to the schools of the district where 5,801
the child resides and who is residing with a resident of this 5,802
state with whom the child has been placed for adoption shall be 5,804
admitted to the schools of the district where the child resides 5,806
unless either of the following applies: 5,807
(a) The placement for adoption has been terminated. 5,809
(b) Another school district is required to admit the child 5,811
under division (B)(1) of this section. 5,812
Division (B) of this section does not prohibit the board of 5,814
education of a school district from placing a handicapped child 5,815
who resides in the district in a special education program 5,816
outside of the district or its schools in compliance with Chapter 5,817
132
3323. of the Revised Code. 5,818
(C) A district shall not charge tuition for children 5,820
admitted under division (B)(1) or (3) of this section. If the 5,821
district admits a child under division (B)(2) of this section, 5,822
tuition shall be paid to the district that admits the child as 5,823
follows: 5,824
(1) If the child receives special education in accordance 5,826
with Chapter 3323. of the Revised Code, tuition shall be paid in 5,827
accordance with section 3323.091, 3323.13, 3323.14, or 3323.141 5,828
of the Revised Code regardless of who has custody of the child or 5,829
whether the child resides in a home. 5,830
(2) Except as otherwise provided in division (C)(2)(d) of 5,832
this section, if the child is in the permanent or legal custody 5,833
of a government agency or person other than the child's parent, 5,834
tuition shall be paid by: 5,835
(a) The district in which the child's parent resided at 5,837
the time the court removed the child from home or at the time the 5,839
court vested legal or permanent custody of the child in the
person or government agency, whichever occurred first; or 5,840
(b) If the parent's residence at the time the court 5,842
removed the child from home or placed the child in the legal or 5,844
permanent custody of the person or government agency is unknown,
tuition shall be paid by the district in which the child resided 5,845
at the time the child was removed from home or placed in legal or 5,847
permanent custody, whichever occurred first; or
(c) If a school district cannot be established under 5,849
division (C)(2)(a) or (b) of this section, tuition shall be paid 5,850
by the district determined as required by section 2151.357 of the 5,851
Revised Code by the court at the time it vests custody of the 5,852
child in the person or government agency.; 5,853
(d) If at the time the court removed the child from home 5,856
or vested legal or permanent custody of the child in the person 5,857
or government agency, whichever occurred first, one parent was in 5,858
a residential or correctional facility or a juvenile residential 5,859
133
placement and the other parent, if living and not in such a 5,860
facility or placement, was not known to reside in this state, 5,861
tuition shall be paid by the district determined under division 5,862
(D) of section 3313.65 of the Revised Code as the district 5,863
required to pay any tuition while the parent was in such facility 5,864
or placement.
(3) If the child is not in the permanent or legal custody 5,866
of a government agency or person other than the child's parent 5,868
and the child resides in a home, tuition shall be paid by one of 5,869
the following:
(a) The school district in which the child's parent 5,871
resides; 5,872
(b) If the child's parent is not a resident of this state, 5,874
the home in which the child resides. 5,875
(D) Tuition required to be paid under divisions (C)(2) and 5,877
(3)(a) of this section shall be computed in accordance with 5,878
section 3317.08 of the Revised Code. Tuition required to be paid 5,879
under division (C)(3)(b) of this section shall be computed in 5,880
accordance with section 3317.081 of the Revised Code. If a home 5,881
fails to pay the tuition required by division (C)(3)(b) of this 5,882
section, the board of education providing the education may 5,883
recover in a civil action the tuition and the expenses incurred 5,884
in prosecuting the action, including court costs and reasonable 5,885
attorney's fees. If the prosecuting attorney or city director of 5,886
law represents the board in such action, costs and reasonable 5,887
attorney's fees awarded by the court, based upon the prosecuting 5,888
attorney's, director's, or one of their designee's time spent 5,890
preparing and presenting the case, shall be deposited in the 5,891
county or city general fund. 5,892
(E) A board of education may enroll a child free of any 5,894
tuition obligation for a period not to exceed sixty days, on the 5,895
sworn statement of an adult resident of the district that the 5,896
resident has initiated legal proceedings for custody of the 5,898
child.
134
(F) In the case of any individual entitled to attend 5,900
school under this division, no tuition shall be charged by the 5,901
school district of attendance and no other school district shall 5,902
be required to pay tuition for the individual's attendance. 5,903
Notwithstanding division (B), (C), or (E) of this section: 5,904
(1) All persons at least eighteen but under twenty-two 5,906
years of age who live apart from their parents, support 5,907
themselves by their own labor, and have not successfully 5,908
completed the high school curriculum or the individualized 5,909
education program developed for the person by the high school 5,910
pursuant to section 3323.08 of the Revised Code, are entitled to 5,911
attend school in the district in which they reside. 5,912
(2) Any child under eighteen years of age who is married 5,914
is entitled to attend school in the child's district of 5,915
residence. 5,916
(3) A child is entitled to attend school in the district 5,918
in which either of the child's parents is employed if the child 5,920
has a medical condition that may require emergency medical 5,921
attention. The parent of a child entitled to attend school under 5,922
division (F)(3) of this section shall submit to the board of 5,923
education of the district in which the parent is employed a 5,924
statement from the child's physician certifying that the child's 5,925
medical condition may require emergency medical attention. The 5,926
statement shall be supported by such other evidence as the board 5,927
may require.
(4) Any child residing with a person other than the 5,929
child's parent is entitled, for a period not to exceed twelve 5,931
months, to attend school in the district in which that person 5,932
resides if the child's parent files an affidavit with the 5,933
superintendent of the district in which the person with whom the 5,934
child is living resides stating all of the following: 5,935
(a) That the parent is serving outside of the state in the 5,937
armed services of the United States; 5,938
(b) That the parent intends to reside in the district upon 5,940
135
returning to this state; 5,941
(c) The name and address of the person with whom the child 5,943
is living while the parent is outside the state. 5,944
(5) Any child under the age of twenty-two years who, after 5,946
the death of a parent, resides in a school district other than 5,947
the district in which the child attended school at the time of 5,948
the parent's death is entitled to continue to attend school in 5,949
the district in which the child attended school at the time of 5,950
the parent's death for the remainder of the school year, subject 5,951
to approval of that district board. 5,952
(6) A child under the age of twenty-two years who resides 5,954
with a parent who is having a new house built in a school 5,955
district outside the district where the parent is residing is 5,956
entitled to attend school for a period of time in the district 5,957
where the new house is being built. In order to be entitled to 5,958
such attendance, the parent shall provide the district 5,959
superintendent with the following: 5,960
(a) A sworn statement explaining the situation, revealing 5,962
the location of the house being built, and stating the parent's 5,963
intention to reside there upon its completion; 5,964
(b) A statement from the builder confirming that a new 5,966
house is being built for the parent and that the house is at the 5,967
location indicated in the parent's statement. 5,968
(7) A child under the age of twenty-two years residing 5,970
with a parent who has a contract to purchase a house in a school 5,971
district outside the district where the parent is residing and 5,972
who is waiting upon the date of closing of the mortgage loan for 5,973
the purchase of such house is entitled to attend school for a 5,974
period of time in the district where the house is being 5,975
purchased. In order to be entitled to such attendance, the 5,976
parent shall provide the district superintendent with the 5,977
following: 5,978
(a) A sworn statement explaining the situation, revealing 5,980
the location of the house being purchased, and stating the 5,981
136
parent's intent to reside there; 5,982
(b) A statement from a real estate broker or bank officer 5,984
confirming that the parent has a contract to purchase the house, 5,985
that the parent is waiting upon the date of closing of the 5,986
mortgage loan, and that the house is at the location indicated in 5,987
the parent's statement. 5,988
The district superintendent shall establish a period of 5,990
time not to exceed ninety days during which the child entitled to 5,991
attend school under division (F)(6) or (7) of this section may 5,992
attend without tuition obligation. A student attending a school 5,993
under division (F)(6) or (7) of this section shall be eligible to 5,994
participate in interscholastic athletics under the auspices of 5,995
that school, provided the board of education of the school 5,996
district where the student's parent resides, by a formal action, 5,997
releases the student to participate in interscholastic athletics 5,998
at the school where the student is attending, and provided the 5,999
student receives any authorization required by a public agency or 6,000
private organization of which the school district is a member 6,001
exercising authority over interscholastic sports. 6,002
(8) A child whose parent is a full-time employee of a 6,004
city, local, or exempted village school district, or of an 6,005
educational service center, may be admitted to the schools of the 6,007
district where the child's parent is employed, or in the case of 6,008
a child whose parent is employed by an educational service 6,009
center, in the district that serves the location where the 6,010
parent's job is primarily located, provided the district board of 6,011
education establishes such an admission policy by resolution 6,012
adopted by a majority of its members. Any such policy shall take 6,013
effect on the first day of the school year and the effective date 6,014
of any amendment or repeal may not be prior to the first day of 6,015
the subsequent school year. The policy shall be uniformly 6,016
applied to all such children and shall provide for the admission 6,017
of any such child upon request of the parent. No child may be 6,018
admitted under this policy after the first day of classes of any 6,019
137
school year.
(9) A child who is with the child's parent under the care 6,021
of a shelter for victims of domestic violence, as defined in 6,023
section 3113.33 of the Revised Code, is entitled to attend school 6,024
free in the district in which the child is with the child's 6,025
parent, and no other school district shall be required to pay 6,028
tuition for the child's attendance in that school district. 6,030
The enrollment of a child in a school district under this 6,032
division shall not be denied due to a delay in the school 6,033
district's receipt of any records required under section 3313.672 6,034
of the Revised Code or any other records required for enrollment. 6,035
Any days of attendance and any credits earned by a child while 6,036
enrolled in a school district under this division shall be 6,037
transferred to and accepted by any school district in which the 6,038
child subsequently enrolls. The state board of education shall 6,039
adopt rules to ensure compliance with this division. 6,040
(10) Any child under the age of twenty-two years whose 6,042
parent has moved out of the school district after the 6,043
commencement of classes in the child's senior year of high school 6,044
is entitled, subject to the approval of that district board, to 6,045
attend school in the district in which the child attended school 6,046
at the time of the parental move for the remainder of the school 6,047
year and for one additional semester or equivalent term. A 6,049
district board may also adopt a policy specifying extenuating 6,050
circumstances under which a student may continue to attend school 6,051
under division (F)(10) of this section for an additional period 6,052
of time in order to successfully complete the high school 6,053
curriculum for the individualized education program developed for 6,054
the student by the high school pursuant to section 3323.08 of the 6,055
Revised Code.
(11) As used in this division, "grandparent" means a 6,057
parent of a parent of a child. A child under the age of 6,058
twenty-two years who is in the custody of the child's parent, 6,060
resides with a grandparent, and does not require special 6,061
138
education is entitled to attend the schools of the district in 6,062
which the child's grandparent resides, provided that, prior to 6,064
such attendance in any school year, the board of education of the 6,065
school district in which the child's grandparent resides and the 6,066
board of education of the school district in which the child's 6,068
parent resides enter into a written agreement specifying that 6,070
good cause exists for such attendance, describing the nature of 6,071
this good cause, and consenting to such attendance. 6,072
In lieu of a consent form signed by a parent, a board of 6,074
education may request the grandparent of a child attending school 6,075
in the district in which the grandparent resides pursuant to 6,076
division (F)(11) of this section to complete any consent form 6,077
required by the district, including any authorization required by 6,078
sections 3313.712, 3313.713, and 3313.716 of the Revised Code. 6,079
Upon request, the grandparent shall complete any consent form 6,080
required by the district. A school district shall not incur any 6,081
liability solely because of its receipt of a consent form from a 6,082
grandparent in lieu of a parent. 6,083
Division (F)(11) of this section does not create, and shall 6,086
not be construed as creating, a new cause of action or 6,087
substantive legal right against a school district, a member of a 6,088
board of education, or an employee of a school district. This 6,089
section does not affect, and shall not be construed as affecting, 6,090
any immunities from defenses to tort liability created or 6,091
recognized by Chapter 2744. of the Revised Code for a school 6,092
district, member, or employee.
(12) A child under the age of twenty-two years is entitled 6,095
to attend school in a school district other than the district in
which the child is entitled to attend school under division (B), 6,097
(C), or (E) of this section provided that, prior to such 6,099
attendance in any school year, both of the following occur: 6,100
(a) The superintendent of the district in which the child 6,102
is entitled to attend school under division (B), (C), or (E) of 6,105
this section contacts the superintendent of another district for
139
purposes of this division; 6,107
(b) The superintendents of both districts enter into a 6,110
written agreement that consents to the attendance and specifies
that the purpose of such attendance is to protect the student's 6,112
physical or mental well-being or to deal with other extenuating 6,113
circumstances deemed appropriate by the superintendents.
While an agreement is in effect under this division for a 6,115
student who is not receiving special education under Chapter 6,116
3323. of the Revised Code and notwithstanding Chapter 3327. of 6,117
the Revised Code, the board of education of neither school 6,118
district involved in the agreement is required to provide 6,119
transportation for the student to and from the school where the 6,120
student attends.
A student attending a school of a district pursuant to this 6,122
division shall be allowed to participate in all student 6,123
activities, including interscholastic athletics, at the school 6,124
where the student is attending on the same basis as any student 6,125
who has always attended the schools of that district while of 6,126
compulsory school age.
(G) A board of education, after approving admission, may 6,128
waive tuition for students who will temporarily reside in the 6,129
district and who are either of the following: 6,130
(1) Residents or domiciliaries of a foreign nation who 6,132
request admission as foreign exchange students; 6,133
(2) Residents or domiciliaries of the United States but 6,135
not of Ohio who request admission as participants in an exchange 6,136
program operated by a student exchange organization. 6,137
(H) Pursuant to sections 3311.211, 3313.90, 3319.01, 6,139
3323.04, 3327.04, and 3327.06 of the Revised Code, a child may 6,140
attend school or participate in a special education program in a 6,141
school district other than in the district where the child is 6,142
entitled to attend school under division (B) of this section. 6,143
(I) This division does not apply to a child receiving 6,145
special education. 6,146
140
A school district required to pay tuition pursuant to 6,148
division (C)(2) or (3) of this section or section 3313.65 of the 6,149
Revised Code shall have an amount deducted under division (F) of 6,151
section 3317.023 of the Revised Code equal to its own tuition 6,152
rate for the same period of attendance. A school district 6,153
entitled to receive tuition pursuant to division (C)(2) or (3) of 6,154
this section or section 3313.65 of the Revised Code shall have an 6,155
amount credited under division (F) of section 3317.023 of the 6,157
Revised Code equal to its own tuition rate for the same period of 6,158
attendance. If the tuition rate credited to the district of 6,159
attendance exceeds the rate deducted from the district required 6,160
to pay tuition, the department of education shall pay the 6,161
district of attendance the difference from amounts deducted from 6,162
all districts' payments under division (F) of section 3317.023 of 6,164
the Revised Code but not credited to other school districts under 6,165
such division and from appropriations made for such purpose. The 6,166
treasurer of each school district shall, by the fifteenth day of 6,167
January and July, furnish the superintendent of public 6,168
instruction a report of the names of each child who attended the 6,169
district's schools under divisions (C)(2) and (3) of this section 6,170
or section 3313.65 of the Revised Code during the preceding six 6,171
calendar months, the duration of the attendance of those 6,172
children, the school district responsible for tuition on behalf 6,173
of the child, and any other information that the superintendent 6,174
requires. 6,175
Upon receipt of the report the superintendent, pursuant to 6,177
division (F) of section 3317.023 of the Revised Code, shall 6,178
deduct each district's tuition obligations under divisions (C)(2) 6,179
and (3) of this section or section 3313.65 of the Revised Code 6,180
and pay to the district of attendance that amount plus any amount 6,181
required to be paid by the state. 6,182
(J) In the event of a disagreement, the superintendent of 6,184
public instruction shall determine the school district in which 6,185
the parent resides. 6,186
141
(K) Nothing in this section requires or authorizes, or 6,188
shall be construed to require or authorize, the admission to a 6,189
public school in this state of a pupil who has been permanently 6,190
excluded from public school attendance by the superintendent of 6,191
public instruction pursuant to sections 3301.121 and 3313.662 of 6,192
the Revised Code. 6,193
Sec. 3701.045. (A) THE DEPARTMENT OF HEALTH, IN 6,196
CONSULTATION WITH THE CHILDREN'S TRUST FUND BOARD ESTABLISHED
UNDER SECTION 3109.15 OF THE REVISED CODE AND ANY BODIES ACTING 6,197
AS CHILD FATALITY REVIEW BOARDS ON THE EFFECTIVE DATE OF THIS 6,198
SECTION, SHALL ADOPT RULES IN ACCORDANCE WITH CHAPTER 119. OF THE 6,199
REVISED CODE THAT ESTABLISH A PROCEDURE FOR CHILD FATALITY REVIEW 6,200
BOARDS TO FOLLOW IN CONDUCTING A REVIEW OF THE DEATH OF A CHILD. 6,201
THE RULES SHALL DO ALL OF THE FOLLOWING: 6,202
(1) ESTABLISH THE FORMAT FOR THE ANNUAL REPORTS REQUIRED 6,204
BY SECTION 307.626 OF THE REVISED CODE; 6,205
(2) ESTABLISH GUIDELINES FOR A CHILD FATALITY REVIEW BOARD 6,207
TO FOLLOW IN COMPILING STATISTICS FOR ANNUAL REPORTS SO THAT THE 6,208
REPORTS DO NOT CONTAIN ANY INFORMATION THAT WOULD PERMIT ANY 6,209
PERSON'S IDENTITY TO BE ASCERTAINED FROM A REPORT; 6,210
(3) ESTABLISH GUIDELINES FOR A CHILD FATALITY REVIEW BOARD 6,212
TO FOLLOW IN CREATING AND MAINTAINING THE COMPREHENSIVE DATABASE 6,214
OF CHILD DEATHS REQUIRED BY SECTION 307.623 OF THE REVISED CODE, 6,216
INCLUDING PROVISIONS ESTABLISHING UNIFORM RECORD-KEEPING
PROCEDURES; 6,217
(4) ESTABLISH GUIDELINES, MATERIALS, AND TRAINING TO HELP 6,219
EDUCATE MEMBERS OF CHILD FATALITY REVIEW BOARDS ABOUT THE PURPOSE 6,220
OF THE REVIEW PROCESS AND THE CONFIDENTIALITY OF THE INFORMATION 6,223
DESCRIBED IN SECTION 307.629 OF THE REVISED CODE AND TO MAKE THEM 6,225
AWARE THAT SUCH INFORMATION IS NOT A PUBLIC RECORD UNDER SECTION 6,226
149.43 OF THE REVISED CODE.
(B) ON OR BEFORE THE THIRTIETH DAY OF SEPTEMBER OF EACH 6,228
YEAR, THE DEPARTMENT OF HEALTH AND THE CHILDREN'S TRUST FUND 6,230
BOARD JOINTLY SHALL PREPARE AND PUBLISH A REPORT ORGANIZING AND 6,231
142
SETTING FORTH THE DATA IN ALL THE REPORTS PROVIDED BY CHILD 6,232
FATALITY REVIEW BOARDS IN THEIR ANNUAL REPORTS FOR THE PREVIOUS 6,233
CALENDAR YEAR AND RECOMMENDING ANY CHANGES TO LAW AND POLICY THAT
MIGHT PREVENT FUTURE DEATHS. THE DEPARTMENT AND THE CHILDREN'S 6,234
TRUST FUND BOARD JOINTLY SHALL PROVIDE A COPY OF THE REPORT TO 6,235
THE GOVERNOR, THE SPEAKER OF THE HOUSE OF REPRESENTATIVES, THE 6,237
PRESIDENT OF THE SENATE, THE MINORITY LEADERS OF THE HOUSE OF 6,238
REPRESENTATIVES AND THE SENATE, EACH COUNTY OR REGIONAL CHILD 6,239
FATALITY REVIEW BOARD, AND EACH COUNTY OR REGIONAL FAMILY AND
CHILDREN FIRST COUNCIL. 6,240
Sec. 3705.071. ON RECEIPT OF A DEATH CERTIFICATE OF A 6,242
PERSON WHO WAS UNDER EIGHTEEN YEARS OF AGE AT DEATH, THE LOCAL 6,243
REGISTRAR OF VITAL STATISTICS SHALL DETERMINE THE COUNTY IN WHICH 6,244
THE PERSON RESIDED AT THE TIME OF DEATH. IF THE COUNTY OF 6,245
RESIDENCE WAS OTHER THAN THE COUNTY IN WHICH THE PERSON DIED, THE
REGISTRAR, AFTER REGISTERING THE CERTIFICATE AND NO LATER THAN 6,246
FOUR WEEKS AFTER RECEIVING IT, SHALL MAKE A COPY OF THE 6,247
CERTIFICATE AND SEND IT TO THE LOCAL REGISTRAR OF VITAL 6,249
STATISTICS OF THE COUNTY IN WHICH THE PERSON RESIDED AT THE TIME 6,250
OF DEATH.
Sec. 4731.22. (A) The state medical board, by an 6,260
affirmative vote of not fewer than six of its members, may revoke 6,261
or may refuse to grant a certificate to a person found by the 6,262
board to have committed fraud during the administration of the 6,263
examination for a certificate to practice or to have committed 6,265
fraud, misrepresentation, or deception in applying for or 6,266
securing any certificate to practice or certificate of
registration issued by the board. 6,267
(B) The board, by an affirmative vote of not fewer than 6,270
six members, shall, to the extent permitted by law, limit, 6,271
revoke, or suspend an individual's certificate to practice, 6,273
refuse to register an individual, refuse to reinstate a 6,274
certificate, or reprimand or place on probation the holder of a 6,276
certificate for one or more of the following reasons:
143
(1) Permitting one's name or one's certificate to practice 6,278
or certificate of registration to be used by a person, group, or 6,280
corporation when the individual concerned is not actually 6,281
directing the treatment given; 6,282
(2) Failure to maintain minimal standards applicable to 6,285
the selection or administration of drugs, or failure to employ 6,286
acceptable scientific methods in the selection of drugs or other 6,287
modalities for treatment of disease; 6,288
(3) Selling, giving away, personally furnishing, 6,290
prescribing, or administering drugs for other than legal and 6,291
legitimate therapeutic purposes or a plea of guilty to, a 6,292
judicial finding of guilt of, or a judicial finding of 6,293
eligibility for intervention in lieu of conviction of, a 6,295
violation of any federal or state law regulating the possession,
distribution, or use of any drug; 6,296
(4) Willfully betraying a professional confidence. 6,298
For purposes of this division, "willfully betraying a 6,300
professional confidence" does not include PROVIDING ANY 6,301
INFORMATION, DOCUMENTS, OR REPORTS TO A CHILD FATALITY REVIEW 6,302
BOARD UNDER SECTIONS 307.621 TO 307.629 OF THE REVISED CODE AND 6,303
DOES NOT INCLUDE the making of a report of an employee's use of a 6,304
drug of abuse, or a report of a condition of an employee other 6,305
than one involving the use of a drug of abuse, to the employer of 6,306
the employee as described in division (B) of section 2305.33 of 6,307
the Revised Code. Nothing in this division affects the immunity 6,309
from civil liability conferred by that section upon a physician 6,310
who makes either type of report in accordance with division (B) 6,311
of that section. As used in this division, "employee," 6,312
"employer," and "physician" have the same meanings as in section 6,313
2305.33 of the Revised Code. 6,314
(5) Making a false, fraudulent, deceptive, or misleading 6,317
statement in the solicitation of or advertising for patients; in 6,319
relation to the practice of medicine and surgery, osteopathic 6,320
medicine and surgery, podiatry, or a limited branch of medicine; 6,321
144
or in securing or attempting to secure any certificate to 6,323
practice or certificate of registration issued by the board.
As used in this division, "false, fraudulent, deceptive, or 6,325
misleading statement" means a statement that includes a 6,326
misrepresentation of fact, is likely to mislead or deceive 6,327
because of a failure to disclose material facts, is intended or 6,328
is likely to create false or unjustified expectations of 6,329
favorable results, or includes representations or implications 6,330
that in reasonable probability will cause an ordinarily prudent 6,331
person to misunderstand or be deceived. 6,332
(6) A departure from, or the failure to conform to, 6,334
minimal standards of care of similar practitioners under the same 6,335
or similar circumstances, whether or not actual injury to a 6,336
patient is established; 6,337
(7) Representing, with the purpose of obtaining 6,339
compensation or other advantage as personal gain or for any other 6,341
person, that an incurable disease or injury, or other incurable 6,342
condition, can be permanently cured; 6,343
(8) The obtaining of, or attempting to obtain, money or 6,345
anything of value by fraudulent misrepresentations in the course 6,346
of practice; 6,347
(9) A plea of guilty to, a judicial finding of guilt of, 6,350
or a judicial finding of eligibility for intervention in lieu of 6,351
conviction for, a felony; 6,352
(10) Commission of an act that constitutes a felony in 6,354
this state, regardless of the jurisdiction in which the act was 6,355
committed; 6,356
(11) A plea of guilty to, a judicial finding of guilt of, 6,359
or a judicial finding of eligibility for intervention in lieu of 6,360
conviction for, a misdemeanor committed in the course of 6,361
practice;
(12) Commission of an act in the course of practice that 6,363
constitutes a misdemeanor in this state, regardless of the 6,365
jurisdiction in which the act was committed; 6,366
145
(13) A plea of guilty to, a judicial finding of guilt of, 6,369
or a judicial finding of eligibility for intervention in lieu of 6,370
conviction for, a misdemeanor involving moral turpitude; 6,371
(14) Commission of an act involving moral turpitude that 6,373
constitutes a misdemeanor in this state, regardless of the 6,375
jurisdiction in which the act was committed; 6,376
(15) Violation of the conditions of limitation placed by 6,378
the board upon a certificate to practice; 6,379
(16) Failure to pay license renewal fees specified in this 6,381
chapter; 6,382
(17) Except as authorized in section 4731.31 of the 6,384
Revised Code, engaging in the division of fees for referral of 6,386
patients, or the receiving of a thing of value in return for a 6,387
specific referral of a patient to utilize a particular service or 6,388
business;
(18) Subject to section 4731.226 of the Revised Code, 6,390
violation of any provision of a code of ethics of the American 6,392
medical association, the American osteopathic association, the 6,393
American podiatric medical association, or any other national 6,394
professional organizations that the board specifies by rule. The 6,396
state medical board shall obtain and keep on file current copies 6,397
of the codes of ethics of the various national professional 6,398
organizations. The individual whose certificate is being 6,399
suspended or revoked shall not be found to have violated any 6,401
provision of a code of ethics of an organization not appropriate 6,402
to the individual's profession. 6,403
For purposes of this division, a "provision of a code of 6,406
ethics of a national professional organization" does not include 6,407
any provision that would preclude the making of a report by a 6,408
physician of an employee's use of a drug of abuse, or of a 6,409
condition of an employee other than one involving the use of a 6,410
drug of abuse, to the employer of the employee as described in
division (B) of section 2305.33 of the Revised Code. Nothing in 6,412
this division affects the immunity from civil liability conferred 6,413
146
by that section upon a physician who makes either type of report 6,414
in accordance with division (B) of that section. As used in this 6,415
division, "employee," "employer," and "physician" have the same 6,416
meanings as in section 2305.33 of the Revised Code. 6,417
(19) Inability to practice according to acceptable and 6,419
prevailing standards of care by reason of mental illness or 6,420
physical illness, including, but not limited to, physical 6,421
deterioration that adversely affects cognitive, motor, or 6,422
perceptive skills. 6,423
In enforcing this division, the board, upon a showing of a 6,426
possible violation, may compel any individual authorized to 6,427
practice by this chapter or who has submitted an application 6,429
pursuant to this chapter to submit to a mental examination, 6,431
physical examination, including an HIV test, or both a mental and 6,433
a physical examination. The expense of the examination is the 6,435
responsibility of the individual compelled to be examined. 6,436
Failure to submit to a mental or physical examination or consent 6,437
to an HIV test ordered by the board constitutes an admission of 6,438
the allegations against the individual unless the failure is due 6,440
to circumstances beyond the individual's control, and a default 6,441
and final order may be entered without the taking of testimony or 6,442
presentation of evidence. If the board finds an individual 6,443
unable to practice because of the reasons set forth in this 6,445
division, the board shall require the individual to submit to 6,446
care, counseling, or treatment by physicians approved or 6,447
designated by the board, as a condition for initial, continued, 6,448
reinstated, or renewed authority to practice. An individual 6,450
affected under this division shall be afforded an opportunity to 6,452
demonstrate to the board the ability to resume practice in 6,453
compliance with acceptable and prevailing standards under the 6,454
provisions of the individual's certificate. For the purpose of 6,456
this division, any individual who applies for or receives a 6,457
certificate to practice under this chapter accepts the privilege 6,458
of practicing in this state and, by so doing, shall be deemed to 6,461
147
have given consent to submit to a mental or physical examination 6,462
when directed to do so in writing by the board, and to have 6,463
waived all objections to the admissibility of testimony or 6,464
examination reports that constitute a privileged communication. 6,465
(20) Except when civil penalties are imposed under section 6,467
4731.225 or 4731.281 of the Revised Code, and subject to section 6,468
4731.226 of the Revised Code, violating or attempting to violate, 6,470
directly or indirectly, or assisting in or abetting the violation 6,471
of, or conspiring to violate, any provisions of this chapter or 6,472
any rule promulgated by the board.
This division does not apply to a violation or attempted 6,474
violation of, assisting in or abetting the violation of, or a 6,475
conspiracy to violate, any provision of this chapter or any rule 6,476
adopted by the board that would preclude the making of a report 6,479
by a physician of an employee's use of a drug of abuse, or of a 6,480
condition of an employee other than one involving the use of a 6,481
drug of abuse, to the employer of the employee as described in
division (B) of section 2305.33 of the Revised Code. Nothing in 6,483
this division affects the immunity from civil liability conferred 6,484
by that section upon a physician who makes either type of report 6,485
in accordance with division (B) of that section. As used in this 6,486
division, "employee," "employer," and "physician" have the same 6,487
meanings as in section 2305.33 of the Revised Code. 6,488
(21) The violation of any abortion rule adopted by the 6,490
public health council pursuant to section 3701.341 of the Revised 6,491
Code; 6,492
(22) Any of the following actions taken by the agency 6,494
responsible for regulating the practice of medicine and surgery, 6,495
osteopathic medicine and surgery, podiatry, or the limited 6,496
branches of medicine in another jurisdiction, for any reason 6,497
other than the nonpayment of fees: the limitation, revocation, 6,499
or suspension of an individual's license to practice; acceptance 6,500
of an individual's license surrender; denial of a license; 6,501
refusal to renew or reinstate a license; imposition of probation; 6,503
148
or issuance of an order of censure or other reprimand; 6,504
(23) The violation of section 2919.12 of the Revised Code 6,506
or the performance or inducement of an abortion upon a pregnant 6,507
woman with actual knowledge that the conditions specified in 6,508
division (B) of section 2317.56 of the Revised Code have not been 6,509
satisfied or with a heedless indifference as to whether those 6,510
conditions have been satisfied, unless an affirmative defense as 6,511
specified in division (H)(2) of that section would apply in a 6,512
civil action authorized by division (H)(1) of that section; 6,513
(24) The revocation, suspension, restriction, reduction, 6,515
or termination of clinical privileges by the United States 6,517
department of defense or department of veterans affairs or the 6,519
termination or suspension of a certificate of registration to 6,520
prescribe drugs by the drug enforcement administration of the 6,521
United States department of justice; 6,522
(25) Termination or suspension from participation in the 6,524
medicare or medicaid programs by the department of health and 6,526
human services or other responsible agency for any act or acts 6,527
that also would constitute a violation of division (B)(2), (3), 6,528
(6), (8), or (19) of this section; 6,529
(26) Impairment of ability to practice according to 6,531
acceptable and prevailing standards of care because of habitual 6,532
or excessive use or abuse of drugs, alcohol, or other substances 6,533
that impair ability to practice. 6,534
For the purposes of this division, any individual 6,536
authorized to practice by this chapter accepts the privilege of 6,538
practicing in this state subject to supervision by the board. By 6,539
filing an application for or holding a certificate to practice 6,542
under this chapter, an individual shall be deemed to have given 6,544
consent to submit to a mental or physical examination when 6,545
ordered to do so by the board in writing, and to have waived all 6,546
objections to the admissibility of testimony or examination 6,547
reports that constitute privileged communications. 6,548
If it has reason to believe that any individual authorized 6,550
149
to practice by this chapter or any applicant for certification to 6,552
practice suffers such impairment, the board may compel the 6,553
individual to submit to a mental or physical examination, or 6,554
both. The expense of the examination is the responsibility of 6,556
the individual compelled to be examined. Any mental or physical 6,558
examination required under this division shall be undertaken by a 6,559
treatment provider or physician who is qualified to conduct the 6,560
examination and who is chosen by the board. 6,561
Failure to submit to a mental or physical examination 6,564
ordered by the board constitutes an admission of the allegations 6,565
against the individual unless the failure is due to circumstances 6,566
beyond the individual's control, and a default and final order 6,567
may be entered without the taking of testimony or presentation of 6,568
evidence. If the board determines that the individual's ability 6,569
to practice is impaired, the board shall suspend the individual's 6,570
certificate or deny the individual's application and shall 6,571
require the individual, as a condition for initial, continued, 6,572
reinstated, or renewed certification to practice, to submit to 6,574
treatment.
Before being eligible to apply for reinstatement of a 6,576
certificate suspended under this division, the impaired 6,578
practitioner shall demonstrate to the board the ability to resume 6,580
practice in compliance with acceptable and prevailing standards 6,581
of care under the provisions of the practitioner's certificate. 6,582
The demonstration shall include, but shall not be limited to, the 6,584
following:
(a) Certification from a treatment provider approved under 6,586
section 4731.25 of the Revised Code that the individual has 6,588
successfully completed any required inpatient treatment; 6,589
(b) Evidence of continuing full compliance with an 6,591
aftercare contract or consent agreement; 6,592
(c) Two written reports indicating that the individual's 6,594
ability to practice has been assessed and that the individual has 6,595
been found capable of practicing according to acceptable and 6,596
150
prevailing standards of care. The reports shall be made by 6,597
individuals or providers approved by the board for making the 6,598
assessments and shall describe the basis for their determination. 6,599
The board may reinstate a certificate suspended under this 6,602
division after that demonstration and after the individual has 6,603
entered into a written consent agreement. 6,604
When the impaired practitioner resumes practice, the board 6,606
shall require continued monitoring of the individual. The 6,608
monitoring shall include, but not be limited to, compliance with 6,610
the written consent agreement entered into before reinstatement 6,611
or with conditions imposed by board order after a hearing, and, 6,612
upon termination of the consent agreement, submission to the 6,613
board for at least two years of annual written progress reports 6,614
made under penalty of perjury stating whether the individual has 6,615
maintained sobriety. 6,616
(27) A second or subsequent violation of section 4731.66 6,618
or 4731.69 of the Revised Code; 6,619
(28) Except as provided in division (N) of this section: 6,621
(a) Waiving the payment of all or any part of a deductible 6,624
or copayment that a patient, pursuant to a health insurance or 6,625
health care policy, contract, or plan that covers the 6,626
individual's services, otherwise would be required to pay if the 6,628
waiver is used as an enticement to a patient or group of patients 6,629
to receive health care services from that individual; 6,630
(b) Advertising that the individual will waive the payment 6,633
of all or any part of a deductible or copayment that a patient, 6,634
pursuant to a health insurance or health care policy, contract, 6,635
or plan that covers the individual's services, otherwise would be 6,637
required to pay. 6,638
(29) Failure to use universal blood and body fluid 6,640
precautions established by rules adopted under section 4731.051 6,641
of the Revised Code; 6,642
(30) Failure of a collaborating physician to fulfill the 6,645
responsibilities agreed to by the physician and an advanced 6,647
151
practice nurse participating in a pilot program under section 6,648
4723.52 of the Revised Code;
(31) Failure to provide notice to, and receive 6,650
acknowledgment of the notice from, a patient when required by 6,652
section 4731.143 of the Revised Code prior to providing 6,653
nonemergency professional services, or failure to maintain that 6,654
notice in the patient's file;
(32) Failure of a physician supervising a physician 6,656
assistant to maintain supervision in accordance with the 6,657
requirements of Chapter 4730. of the Revised Code and the rules 6,658
adopted under that chapter;
(33) Failure of a physician or podiatrist to enter into a 6,660
standard care arrangement with a clinical nurse specialist, 6,661
certified nurse-midwife, or certified nurse practitioner with 6,662
whom the physician or podiatrist is in collaboration pursuant to 6,663
section 4731.27 of the Revised Code or failure to fulfill the 6,664
responsibilities of collaboration after entering into a standard 6,665
care arrangement;
(34) Failure to comply with the terms of a consult 6,667
agreement entered into with a pharmacist pursuant to section 6,668
4729.39 of the Revised Code; 6,669
(35) Failure to cooperate in an investigation conducted by 6,671
the board under division (F) of this section, including failure 6,673
to comply with a subpoena or order issued by the board or failure 6,674
to answer truthfully a question presented by the board at a 6,675
deposition or in written interrogatories, except that failure to 6,676
cooperate with an investigation shall not constitute grounds for 6,677
discipline under this section if a court of competent 6,678
jurisdiction has issued an order that either quashes a subpoena 6,679
or permits the individual to withhold the testimony or evidence 6,680
in issue;
(36) Failure to supervise an acupuncturist in accordance 6,682
with Chapter 4762. of the Revised Code and the board's rules for 6,683
supervision of an acupuncturist. 6,684
152
(C) Disciplinary actions taken by the board under 6,686
divisions (A) and (B) of this section shall be taken pursuant to 6,687
an adjudication under Chapter 119. of the Revised Code, except 6,688
that in lieu of an adjudication, the board may enter into a 6,689
consent agreement with an individual to resolve an allegation of 6,690
a violation of this chapter or any rule adopted under it. A 6,691
consent agreement, when ratified by an affirmative vote of not 6,692
fewer than six members of the board, shall constitute the 6,693
findings and order of the board with respect to the matter 6,694
addressed in the agreement. If the board refuses to ratify a 6,695
consent agreement, the admissions and findings contained in the 6,696
consent agreement shall be of no force or effect. 6,697
(D) For purposes of divisions (B)(10), (12), and (14) of 6,699
this section, the commission of the act may be established by a 6,700
finding by the board, pursuant to an adjudication under Chapter 6,702
119. of the Revised Code, that the individual committed the act.
The board does not have jurisdiction under those divisions if the 6,705
trial court renders a final judgment in the individual's favor
and that judgment is based upon an adjudication on the merits. 6,708
The board has jurisdiction under those divisions if the trial 6,709
court issues an order of dismissal upon technical or procedural 6,710
grounds.
(E) The sealing of conviction records by any court shall 6,712
have no effect upon a prior board order entered under this 6,713
section or upon the board's jurisdiction to take action under 6,714
this section if, based upon a plea of guilty, a judicial finding 6,716
of guilt, or a judicial finding of eligibility for intervention 6,717
in lieu of conviction, the board issued a notice of opportunity 6,718
for a hearing prior to the court's order to seal the records. 6,719
The board shall not be required to seal, destroy, redact, or 6,720
otherwise modify its records to reflect the court's sealing of 6,721
conviction records. 6,722
(F)(1) The board shall investigate evidence that appears 6,724
to show that a person has violated any provision of this chapter 6,726
153
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 6,728
appears to show a violation of any provision of this chapter or 6,729
any rule adopted under it. In the absence of bad faith, any 6,731
person who reports information of that nature or who testifies
before the board in any adjudication conducted under Chapter 119. 6,733
of the Revised Code shall not be liable in damages in a civil 6,734
action as a result of the report or testimony. Each complaint or 6,736
allegation of a violation received by the board shall be assigned 6,737
a case number and shall be recorded by the board. 6,738
(2) Investigations of alleged violations of this chapter 6,740
or any rule adopted under it shall be supervised by the 6,742
supervising member elected by the board in accordance with 6,743
section 4731.02 of the Revised Code and by the secretary as 6,744
provided in section 4731.39 of the Revised Code. The president
may designate another member of the board to supervise the 6,746
investigation in place of the supervising member. No member of
the board who supervises the investigation of a case shall 6,748
participate in further adjudication of the case.
(3) In investigating a possible violation of this chapter 6,751
or any rule adopted under this chapter, the board may administer 6,753
oaths, order the taking of depositions, issue subpoenas, and 6,754
compel the attendance of witnesses and production of books, 6,755
accounts, papers, records, documents, and testimony, except that 6,756
a subpoena for patient record information shall not be issued 6,757
without consultation with the attorney general's office and 6,758
approval of the secretary and supervising member of the board. 6,760
Before issuance of a subpoena for patient record information, the 6,761
secretary and supervising member shall determine whether there is 6,764
probable cause to believe that the complaint filed alleges a
violation of this chapter or any rule adopted under it and that 6,765
the records sought are relevant to the alleged violation and 6,767
material to the investigation. The subpoena may apply only to 6,768
records that cover a reasonable period of time surrounding the 6,769
154
alleged violation. 6,770
On failure to comply with any subpoena issued by the board 6,773
and after reasonable notice to the person being subpoenaed, the 6,774
board may move for an order compelling the production of persons 6,775
or records pursuant to the Rules of Civil Procedure. 6,776
A subpoena issued by the board may be served by a sheriff, 6,778
the sheriff's deputy, or a board employee designated by the 6,779
board. Service of a subpoena issued by the board may be made by 6,781
delivering a copy of the subpoena to the person named therein, 6,782
reading it to the person, or leaving it at the person's usual 6,783
place of residence. When the person being served is a person 6,784
whose practice is authorized by this chapter, service of the 6,785
subpoena may be made by certified mail, restricted delivery, 6,786
return receipt requested, and the subpoena shall be deemed served 6,787
on the date delivery is made or the date the person refuses to 6,788
accept delivery.
A sheriff's deputy who serves a subpoena shall receive the 6,790
same fees as a sheriff. Each witness who appears before the 6,792
board in obedience to a subpoena shall receive the fees and 6,794
mileage provided for witnesses in civil cases in the courts of 6,795
common pleas.
(4) All hearings and investigations of the board shall be 6,797
considered civil actions for the purposes of section 2305.251 of 6,798
the Revised Code. 6,799
(5) Information received by the board pursuant to an 6,801
investigation is confidential and not subject to discovery in any 6,802
civil action. 6,803
The board shall conduct all investigations and proceedings 6,805
in a manner that protects the confidentiality of patients and 6,807
persons who file complaints with the board. The board shall not 6,809
make public the names or any other identifying information about 6,810
patients or complainants unless proper consent is given or, in 6,811
the case of a patient, a waiver of the patient privilege exists 6,812
under division (B) of section 2317.02 of the Revised Code, except 6,813
155
that consent or a waiver of that nature is not required if the 6,814
board possesses reliable and substantial evidence that no bona 6,816
fide physician-patient relationship exists. 6,817
The board may share any information it receives pursuant to 6,820
an investigation, including patient records and patient record 6,821
information, with law enforcement agencies, other licensing 6,823
boards, and other governmental agencies that are prosecuting, 6,825
adjudicating, or investigating alleged violations of statutes or 6,826
administrative rules. An agency or board that receives the 6,827
information shall comply with the same requirements regarding 6,828
confidentiality as those with which the state medical board must 6,829
comply, notwithstanding any conflicting provision of the Revised 6,830
Code or procedure of the agency or board that applies when it is 6,831
dealing with other information in its possession. In a judicial 6,832
proceeding, the information may be admitted into evidence only in 6,835
accordance with the Rules of Evidence, but the court shall 6,836
require that appropriate measures are taken to ensure that 6,837
confidentiality is maintained with respect to any part of the 6,838
information that contains names or other identifying information 6,839
about patients or complainants whose confidentiality was 6,840
protected by the state medical board when the information was in 6,841
the board's possession. Measures to ensure confidentiality that 6,842
may be taken by the court include sealing its records or deleting
specific information from its records. 6,844
(6) On a quarterly basis, the board shall prepare a report 6,846
that documents the disposition of all cases during the preceding 6,847
three months. The report shall contain the following information 6,848
for each case with which the board has completed its activities: 6,849
(a) The case number assigned to the complaint or alleged 6,851
violation; 6,852
(b) The type of certificate to practice, if any, held by 6,855
the individual against whom the complaint is directed; 6,856
(c) A description of the allegations contained in the 6,858
complaint; 6,859
156
(d) The disposition of the case. 6,861
The report shall state how many cases are still pending and 6,864
shall be prepared in a manner that protects the identity of each 6,866
person involved in each case. The report shall be a public 6,867
record under section 149.43 of the Revised Code.
(G) If the secretary and supervising member determine that 6,869
there is clear and convincing evidence that an individual has 6,871
violated division (B) of this section and that the individual's 6,872
continued practice presents a danger of immediate and serious 6,874
harm to the public, they may recommend that the board suspend the 6,875
individual's certificate to practice without a prior hearing. 6,877
Written allegations shall be prepared for consideration by the
board. 6,878
The board, upon review of those allegations and by an 6,880
affirmative vote of not fewer than six of its members, excluding 6,882
the secretary and supervising member, may suspend a certificate 6,883
without a prior hearing. A telephone conference call may be 6,884
utilized for reviewing the allegations and taking the vote on the 6,885
summary suspension. 6,886
The board shall issue a written order of suspension by 6,888
certified mail or in person in accordance with section 119.07 of 6,889
the Revised Code. The order shall not be subject to suspension 6,891
by the court during pendency of any appeal filed under section 6,892
119.12 of the Revised Code. If the individual subject to the 6,894
summary suspension requests an adjudicatory hearing by the board, 6,895
the date set for the hearing shall be within fifteen days, but 6,896
not earlier than seven days, after the individual requests the 6,898
hearing, unless otherwise agreed to by both the board and the 6,899
individual.
Any summary suspension imposed under this division shall 6,901
remain in effect, unless reversed on appeal, until a final 6,902
adjudicative order issued by the board pursuant to this section 6,903
and Chapter 119. of the Revised Code becomes effective. The 6,904
board shall issue its final adjudicative order within sixty days 6,905
157
after completion of its hearing. A failure to issue the order 6,906
within sixty days shall result in dissolution of the summary 6,907
suspension order but shall not invalidate any subsequent, final 6,908
adjudicative order. 6,909
(H) If the board takes action under division (B)(9), (11), 6,912
or (13) of this section and the judicial finding of guilt, guilty 6,913
plea, or judicial finding of eligibility for intervention in lieu 6,914
of conviction is overturned on appeal, upon exhaustion of the 6,917
criminal appeal, a petition for reconsideration of the order may 6,918
be filed with the board along with appropriate court documents. 6,919
Upon receipt of a petition of that nature and supporting court 6,920
documents, the board shall reinstate the individual's certificate 6,921
to practice. The board may then hold an adjudication under 6,922
Chapter 119. of the Revised Code to determine whether the 6,923
individual committed the act in question. Notice of an 6,925
opportunity for a hearing shall be given in accordance with 6,926
Chapter 119. of the Revised Code. If the board finds, pursuant 6,927
to an adjudication held under this division, that the individual 6,928
committed the act or if no hearing is requested, the board may 6,930
order any of the sanctions identified under division (B) of this 6,931
section.
(I) The certificate to practice issued to an individual 6,933
under this chapter and the individual's practice in this state 6,935
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 6,937
subject to a judicial finding of eligibility for intervention in 6,938
lieu of conviction in this state or treatment or intervention in 6,939
lieu of conviction in another jurisdiction for any of the 6,941
following criminal offenses in this state or a substantially 6,943
equivalent criminal offense in another jurisdiction: aggravated
murder, murder, voluntary manslaughter, felonious assault, 6,945
kidnapping, rape, sexual battery, gross sexual imposition, 6,946
aggravated arson, aggravated robbery, or aggravated burglary. 6,947
Continued practice after suspension shall be considered 6,948
158
practicing without a certificate. 6,949
The board shall notify the individual subject to the 6,952
suspension by certified mail or in person in accordance with 6,953
section 119.07 of the Revised Code. If an individual whose 6,954
certificate is suspended under this division fails to make a 6,955
timely request for an adjudication under Chapter 119. of the 6,956
Revised Code, the board shall enter a final order permanently 6,957
revoking the individual's certificate to practice. 6,958
(J) If the board is required by Chapter 119. of the 6,961
Revised Code to give notice of an opportunity for a hearing and 6,962
if the individual subject to the notice does not timely request a 6,963
hearing in accordance with section 119.07 of the Revised Code, 6,965
the board is not required to hold a hearing, but may adopt, by an 6,966
affirmative vote of not fewer than six of its members, a final 6,968
order that contains the board's findings. In that final order, 6,969
the board may order any of the sanctions identified under 6,970
division (A) or (B) of this section. 6,971
(K) Any action taken by the board under division (B) of 6,973
this section resulting in a suspension from practice shall be 6,974
accompanied by a written statement of the conditions under which 6,975
the individual's certificate to practice may be reinstated. The 6,977
board shall adopt rules governing conditions to be imposed for 6,978
reinstatement. Reinstatement of a certificate suspended pursuant 6,979
to division (B) of this section requires an affirmative vote of 6,980
not fewer than six members of the board. 6,981
(L) When the board refuses to grant a certificate to an 6,984
applicant, revokes an individual's certificate to practice, 6,986
refuses to register an applicant, or refuses to reinstate an 6,987
individual's certificate to practice, the board may specify that 6,988
its action is permanent. An individual subject to a permanent 6,989
action taken by the board is forever thereafter ineligible to 6,990
hold a certificate to practice and the board shall not accept an 6,991
application for reinstatement of the certificate or for issuance 6,992
of a new certificate.
159
(M) Notwithstanding any other provision of the Revised 6,994
Code, all of the following apply: 6,995
(1) The surrender of a certificate issued under this 6,997
chapter shall not be effective unless or until accepted by the 6,999
board. Reinstatement of a certificate surrendered to the board 7,000
requires an affirmative vote of not fewer than six members of the 7,001
board.
(2) An application for a certificate made under the 7,004
provisions of this chapter may not be withdrawn without approval 7,006
of the board.
(3) Failure by an individual to renew a certificate of 7,009
registration in accordance with this chapter shall not remove or
limit the board's jurisdiction to take any disciplinary action 7,011
under this section against the individual. 7,012
(N) Sanctions shall not be imposed under division (B)(28) 7,015
of this section against any person who waives deductibles and 7,016
copayments as follows:
(1) In compliance with the health benefit plan that 7,018
expressly allows such a practice. Waiver of the deductibles or 7,019
copayments shall be made only with the full knowledge and consent 7,020
of the plan purchaser, payer, and third-party administrator. 7,021
Documentation of the consent shall be made available to the board 7,022
upon request.
(2) For professional services rendered to any other person 7,024
authorized to practice pursuant to this chapter, to the extent 7,026
allowed by this chapter and rules adopted by the board. 7,027
(O) Under the board's investigative duties described in 7,029
this section and subject to division (F) of this section, the 7,031
board shall develop and implement a quality intervention program 7,033
designed to improve through remedial education the clinical and 7,035
communication skills of individuals authorized under this chapter 7,036
to practice medicine and surgery, osteopathic medicine and
surgery, and podiatry. In developing and implementing the 7,038
quality intervention program, the board may do all of the 7,039
160
following:
(1) Offer in appropriate cases as determined by the board 7,041
an educational and assessment program pursuant to an 7,042
investigation the board conducts under this section; 7,043
(2) Select providers of educational and assessment 7,045
services, including a quality intervention program panel of case 7,046
reviewers;
(3) Make referrals to educational and assessment service 7,049
providers and approve individual educational programs recommended 7,050
by those providers. The board shall monitor the progress of each 7,051
individual undertaking a recommended individual educational 7,052
program. 7,053
(4) Determine what constitutes successful completion of an 7,055
individual educational program and require further monitoring of 7,056
the individual who completed the program or other action that the 7,058
board determines to be appropriate;
(5) Adopt rules in accordance with Chapter 119. of the 7,060
Revised Code to further implement the quality intervention 7,062
program.
An individual who participates in an individual educational 7,065
program pursuant to this division shall pay the financial 7,066
obligations arising from that educational program. 7,067
Sec. 4757.40. IN ADDITION TO ANY OTHER REMEDIES PROVIDED 7,069
BY LAW, THE COUNSELOR AND SOCIAL WORKER BOARD MAY APPLY TO AN 7,070
APPROPRIATE COURT FOR AN ORDER ENJOINING THE VIOLATION OF ANY 7,071
PROVISION OF THIS CHAPTER, AND ON A SHOWING THAT ANY PERSON HAS 7,072
VIOLATED OR IS ABOUT TO VIOLATE ANY PROVISION OF THIS CHAPTER, 7,073
THE COURT SHALL GRANT AN ORDER ENJOINING THE VIOLATION. 7,074
Sec. 5101.14. (A) Within available funds, the department 7,083
of job and family services shall make payments to the counties 7,084
within thirty days after the beginning of each calendar quarter 7,085
for a part of their costs for services to children performed 7,086
pursuant to Chapter 5153. of the Revised Code. 7,087
Funds provided to the county under this section shall be 7,089
161
deposited into the children services fund created pursuant to 7,091
section 5101.144 of the Revised Code.
(B)(1) The funds distributed under this section shall be 7,093
used for the following: 7,094
(a) Home-based services to children and families; 7,096
(b) Protective services to children; 7,098
(c) To find, develop, and approve adoptive homes; 7,100
(d) Short-term, out-of-home care and treatment for 7,102
children;
(e) Costs for the care of a child who resides with a 7,105
caretaker relative, other than the child's parent, and is in the 7,106
legal custody of a public children services agency pursuant to a 7,107
voluntary temporary custody agreement entered into under division 7,108
(A) of section 5103.15 of the Revised Code or in the legal 7,110
custody of a public children services agency or the caretaker 7,111
relative pursuant to an allegation or adjudication of abuse, 7,112
neglect, or dependency made under Chapter 2151. of the Revised 7,114
Code; 7,115
(f) Other services a public children services agency 7,118
considers necessary to protect children from abuse, neglect, or 7,119
dependency.
(2) No funds distributed under this section shall be used 7,122
for the costs of maintaining a child in a children's home owned 7,123
and operated by the county. 7,124
(C) In each fiscal year, the amount of funds available for 7,126
distribution under this section shall be allocated to counties as 7,128
follows:
(1) If the amount is less than the amount initially 7,130
appropriated for the immediately preceding fiscal year, each 7,131
county shall receive an amount equal to the percentage of the 7,132
funding it received in the immediately preceding fiscal year, 7,133
exclusive of any releases from or additions to the allocation or 7,134
any sanctions imposed under this section; 7,135
(2) If the amount is equal to the amount initially 7,137
162
appropriated for the immediately preceding fiscal year, each 7,138
county shall receive an amount equal to the amount it received in 7,140
the preceding fiscal year, exclusive of any releases from or
additions to the allocation or any sanctions imposed under this 7,141
section; 7,142
(3) If the amount is greater than the amount initially 7,144
appropriated for the immediately preceding fiscal year, each 7,145
county shall receive the amount determined under division (C)(2) 7,147
of this section as a base allocation, plus a percentage of the 7,148
amount that exceeds the amount initially appropriated for the 7,149
immediately preceding fiscal year. The amount exceeding the 7,150
amount initially appropriated in the immediately preceding fiscal 7,151
year shall be allocated to the counties as follows: 7,152
(a) Twelve per cent divided equally among all counties; 7,154
(b) Forty-eight per cent in the ratio that the number of 7,156
residents of the county under the age of eighteen bears to the 7,158
total number of such persons residing in this state; 7,159
(c) Forty per cent in the ratio that the number of 7,161
residents of the county with incomes under the federal poverty 7,162
guideline bears to the total number of such persons in this 7,164
state.
As used in division (C)(3)(c) of this section, "federal 7,167
poverty guideline" means the poverty guideline as defined by the 7,169
United States office of management and budget and revised by the 7,170
United States secretary of health and human services in 7,171
accordance with section 673 of the "Community Services Block 7,172
Grant Act," 95 Stat. 511 (1981), 42 U.S.C.A. 9902, as amended. 7,173
(D) The director of job and family services may adopt 7,176
rules as necessary for the allocation of funds under this 7,177
section. The rules shall be adopted in accordance with section 7,178
111.15 of the Revised Code. 7,179
(E)(1) As used in this division, "services to children" 7,181
includes only children's protective services, home-based services 7,182
to children and families, family foster home services, 7,183
163
residential treatment services, adoptive services, and 7,184
independent living services. 7,185
(2) Except as otherwise provided in this section, the 7,187
allocation of funds for a fiscal year to a county under this 7,188
section shall be reduced by the department if in the preceding 7,189
calendar year the total amount expended for services to children 7,190
from local funds and funds distributed to the county under 7,191
section 5101.46 of the Revised Code was less than the total 7,192
expended from those sources in the second preceding calendar 7,193
year. The reduction shall be equal to the difference between the 7,194
total expended in the preceding calendar year and the total 7,195
expended in the second preceding calendar year. 7,196
The determination of whether the amount expended for 7,198
services to children was less in the preceding calendar year than 7,199
in the second preceding calendar year shall not include a 7,200
difference due to any of the following factors to the extent that 7,201
the difference does not exceed the amount attributable to that 7,202
factor: 7,203
(a) An across-the-board reduction in the county budget as 7,205
a whole; 7,206
(b) A reduced or failed levy specifically earmarked for 7,208
children services; 7,209
(c) A reduced allocation of funds to the county under 7,211
section 5101.24 of the Revised Code; 7,212
(d) The closure of, or a reduction in the operating 7,214
capacity of, a children's home owned and operated by the county. 7,215
(3) Funds withheld under this division may be reallocated 7,217
by the department to other counties. The department may grant 7,218
whole or partial waivers of the provisions of this division. 7,219
(F) Children who are in the temporary or permanent custody 7,221
of a certified public or private nonprofit agency or institution, 7,222
or who are in adoptions subsidized under division (B) of section 7,223
5153.163 of the Revised Code are eligible for medical assistance 7,224
through the medical assistance program established under section 7,225
164
5111.01 of the Revised Code. 7,226
(G) Within ninety days after the end of each fiscal year, 7,228
each county shall return any unspent funds to the department. 7,229
(H) The department shall prepare an annual report 7,231
detailing on a county-by-county basis the services provided with 7,232
funds distributed under this section. The report shall be 7,233
submitted to the general assembly by the thirtieth day of 7,234
September each year and also shall be made available to the 7,235
public. 7,236
(I) In accordance with Chapter 119. of the Revised Code, 7,238
the director shall adopt, and may amend and rescind, rules 7,239
prescribing reports on expenditures to be submitted by the 7,240
counties as necessary for the implementation of this section. 7,241
Sec. 5101.141. (A) The department of job and family 7,250
services shall act as the single state agency to administer 7,251
federal payments for foster care and adoption assistance made 7,252
pursuant to Title IV-E of the "Social Security Act," 94 Stat. 7,253
501, 42 U.S.C.A. 670 (1980), as amended. The director of job and 7,255
family services shall adopt rules to implement this authority.
Internal management rules governing financial and administrative 7,257
requirements applicable to public children services agencies, 7,258
PRIVATE CHILD PLACING AGENCIES, AND PRIVATE NONCUSTODIAL AGENCIES 7,259
shall be adopted in accordance with section 111.15 of the Revised 7,260
Code. Rules establishing eligibility, program participation, and 7,262
other requirements shall be adopted in accordance with Chapter 7,263
119. of the Revised Code. A public children services agency to 7,264
which the department distributes Title IV-E funds shall 7,265
administer the funds in accordance with those rules. 7,267
(B)(1) The county, on behalf of each child eligible for 7,270
foster care maintenance payments under Title IV-E of the "Social 7,271
Security Act," shall make payments to cover the cost of providing 7,272
all of the following:
(a) The child's food, clothing, shelter, daily 7,274
supervision, and school supplies; 7,275
165
(b) The child's personal incidentals; 7,277
(c) Reasonable travel to the child's home for visitation. 7,279
(2) In addition to payments made under division (B)(1) of 7,281
this section, the county may, on behalf of each child eligible 7,282
for foster care maintenance payments under Title IV-E of the 7,286
"Social Security Act," make payments to cover the cost of 7,289
providing the following:
(a) Liability insurance with respect to the child; 7,292
(b) If the county is participating in the demonstration 7,295
project established under division (A) of section 5101.142 of the 7,296
Revised Code, services provided under the project. 7,297
(3) With respect to a child who is in a child-care 7,299
institution, including any type of group home designed for the 7,300
care of children or any privately operated program consisting of 7,301
two or more family CERTIFIED foster homes operated by a common 7,302
administrative unit, the foster care maintenance payments made by 7,303
the county on behalf of the child shall include the reasonable 7,304
cost of the administration and operation of the institution, 7,305
group home, or program, as necessary to provide the items 7,306
described in division DIVISIONS (B)(1) and (2) of this section. 7,307
(C) To the extent that either foster care maintenance 7,309
payments under division (B) of this section or Title IV-E 7,310
adoption assistance payments for maintenance costs require the 7,311
expenditure of county funds, the board of county commissioners 7,312
shall report the nature and amount of each expenditure of county 7,313
funds to the department. 7,314
(D) The department shall distribute to public children 7,317
services agencies that incur and report such expenditures federal 7,318
financial participation received for administrative and training 7,319
costs incurred in the operation of foster care maintenance and 7,320
adoption assistance programs. The department may withhold not 7,321
more than two per cent of the federal financial participation 7,322
received. THE FUNDS WITHHELD MAY BE USED ONLY TO FUND THE OHIO 7,323
CHILD WELFARE TRAINING PROGRAM ESTABLISHED UNDER SECTION 5153.60 7,324
166
OF THE REVISED CODE. The funds withheld shall be in addition to 7,325
any administration and training cost for which the department is 7,326
reimbursed through its own cost allocation plan. 7,327
(E) All federal funds received by a county pursuant to 7,329
this section shall be deposited into the county's children 7,330
services fund created pursuant to section 5101.144 of the Revised 7,332
Code.
(F) The department shall periodically publish and 7,335
distribute the maximum amounts that the department will reimburse 7,336
public children services agencies for making payments on behalf 7,337
of children eligible for foster care maintenance payments.
(G) The department, by and through its director, is hereby 7,339
authorized to develop, participate in the development of, 7,340
negotiate, and enter into one or more interstate compacts on 7,341
behalf of this state with agencies of any other states, for the 7,342
provision of medical assistance and other social services to 7,343
children in relation to whom all of the following apply:
(1) They have special needs. 7,345
(2) This state or another state that is a party to the 7,347
interstate compact is providing adoption assistance on their 7,348
behalf.
(3) They move into this state from another state or move 7,350
out of this state to another state. 7,351
Sec. 5101.143. (A) As used in this section, "private 7,360
agency" means a private child placing agency or private 7,363
noncustodial agency.
(B) A government entity or private agency may submit to 7,366
the department of job and family services a request that the 7,367
department determine what portion of an amount the government 7,368
entity or private agency charges for foster care maintenance for 7,369
a child eligible for foster care maintenance payments under Title 7,371
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. 7,373
(C) As used in this division and division (D) of this 7,377
167
section, "government entity" means any government entity other 7,378
than a public children services agency.
Subject to initial and continued approval by the United 7,380
States department of health and human services, the department of 7,382
job and family services shall levy a special assessment on each 7,384
private agency or government entity seeking a rate determination 7,385
under division (B) of this section. The amount of the special 7,386
assessment shall be the greater of three hundred dollars or 7,388
fifteen cents times the number of days the private agency or 7,389
government entity provided or arranged foster care in the 7,390
preceding calendar year to or for each child the agency or entity 7,391
provided or arranged foster care. The department shall not 7,392
perform a rate determination under division (B) of this section 7,394
for a private agency or government entity that fails to pay the 7,395
special assessment.
The department shall deposit all amounts collected under 7,397
this division into the child welfare training fund, which is 7,399
hereby created in the state treasury. The department shall use 7,401
money in the fund only to secure federal matching funds under 7,402
Title IV-E to help defray costs private agencies and government 7,405
entities incur in training staff and foster care parents 7,406
CAREGIVERS and that the department determines are allowable and 7,407
reasonable costs and to make payments to private and government 7,408
entities to assist with those costs. 7,409
The department shall determine the amount of payments it 7,411
will make to private agencies and government entities under this 7,412
division. The department may require a private agency or 7,414
government entity that receives a payment under this division to 7,416
pay or help pay the cost of an adverse audit finding that the 7,417
agency or entity causes or to which the agency or entity 7,418
contributes. The department may require all private agencies and 7,420
government entities that receive a payment under this division to 7,421
share in the cost of an adverse audit finding that a private 7,423
agency or government entity no longer in existence caused or 7,424
168
contributed to.
(D) The director of job and family services shall adopt 7,427
rules in accordance with Chapter 119. of the Revised Code to 7,429
implement this section. The rules shall include all of the
following: 7,430
(1) Procedures for a private agency or government entity 7,432
to pay the special assessment required by division (C) of this 7,434
section and to request a payment from the department to help 7,435
defray the cost of training staff and foster parents CAREGIVERS; 7,436
(2) Criteria for the department to determine whether 7,438
training costs are allowable and reasonable; 7,439
(3) Any other requirements the department determines to be 7,442
necessary to implement this section.
Sec. 5101.145. (A) FOR THE PURPOSES OF THIS SECTION, 7,445
"TITLE IV-E" MEANS TITLE IV-E OF THE "SOCIAL SECURITY ACT," 94 7,450
STAT. 501, 42 U.S.C.A. 670 (1980). 7,451
(B) IN ADOPTING RULES UNDER SECTION 5101.141 OF THE 7,454
REVISED CODE REGARDING FINANCIAL REQUIREMENTS APPLICABLE TO 7,455
PUBLIC CHILDREN SERVICES AGENCIES, PRIVATE CHILD PLACING 7,456
AGENCIES, AND PRIVATE NONCUSTODIAL AGENCIES, THE DEPARTMENT OF 7,457
JOB AND FAMILY SERVICES SHALL ESTABLISH BOTH OF THE FOLLOWING: 7,458
(1) A SINGLE FORM FOR THE AGENCIES TO REPORT COSTS 7,461
REIMBURSABLE UNDER TITLE IV-E AND COSTS REIMBURSABLE UNDER 7,463
MEDICAID;
(2) PROCEDURES TO MONITOR COST REPORTS SUBMITTED BY THE 7,466
AGENCIES.
Sec. 5101.146. THE DEPARTMENT OF JOB AND FAMILY SERVICES 7,468
SHALL ESTABLISH THE FOLLOWING PENALTIES, WHICH SHALL BE ENFORCED 7,469
AT THE DISCRETION OF THE DEPARTMENT, FOR THE FAILURE OF A PUBLIC 7,470
CHILDREN SERVICES AGENCY, PRIVATE CHILD PLACING AGENCY, OR 7,471
PRIVATE NONCUSTODIAL AGENCY TO COMPLY WITH PROCEDURES THE 7,472
DEPARTMENT ESTABLISHES TO ENSURE FISCAL ACCOUNTABILITY: 7,473
(A) FOR INITIAL FAILURE, THE DEPARTMENT AND THE AGENCY 7,475
INVOLVED SHALL JOINTLY DEVELOP AND IMPLEMENT A CORRECTIVE ACTION 7,477
169
PLAN ACCORDING TO A SPECIFIC SCHEDULE. IF REQUESTED BY THE 7,478
AGENCY INVOLVED, THE DEPARTMENT SHALL PROVIDE TECHNICAL
ASSISTANCE TO THE AGENCY TO ENSURE THE FISCAL ACCOUNTABILITY 7,479
PROCEDURES AND GOALS OF THE PLAN ARE MET. 7,480
(B) FOR SUBSEQUENT FAILURES OR FAILURE TO ACHIEVE THE 7,482
GOALS OF THE PLAN DESCRIBED IN DIVISION (A) OF THIS SECTION, 7,483
EITHER OF THE FOLLOWING: 7,484
(1) FOR PUBLIC CHILDREN SERVICES AGENCIES, THE DEPARTMENT 7,487
MAY TAKE ANY ACTION PERMITTED UNDER DIVISION (B)(3), (4), OR (5) 7,488
OF SECTION 5101.24 OF THE REVISED CODE.
(2) FOR PRIVATE CHILD PLACING AGENCIES OR PRIVATE 7,490
NONCUSTODIAL AGENCIES, CANCELLATION OF ANY TITLE IV-E 7,492
ALLOWABILITY RATES FOR THE AGENCY INVOLVED PURSUANT TO SECTION 7,494
5101.141 OF THE REVISED CODE OR REVOCATION PURSUANT TO CHAPTER 7,496
119. OF THE REVISED CODE OF THAT AGENCY'S CERTIFICATE ISSUED 7,498
UNDER SECTION 5103.03 OF THE REVISED CODE. 7,499
Sec. 5101.147. IF A PUBLIC CHILDREN SERVICES AGENCY FAILS 7,502
TO COMPLY WITH THE FISCAL ACCOUNTABILITY PROCEDURES ESTABLISHED 7,503
BY THE DEPARTMENT OF JOB AND FAMILY SERVICES, THE DEPARTMENT 7,504
SHALL NOTIFY THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY
SERVED BY THE AGENCY. IF A PRIVATE CHILD PLACING AGENCY OR 7,505
PRIVATE NONCUSTODIAL AGENCY FAILS TO COMPLY WITH THE FISCAL 7,506
ACCOUNTABILITY PROCEDURES, THE DEPARTMENT SHALL NOTIFY THE 7,507
EXECUTIVE DIRECTOR OF EACH PUBLIC CHILDREN SERVICES AGENCY THAT 7,508
HAS ENTERED INTO A CONTRACT FOR SERVICES WITH THE PRIVATE CHILD 7,509
PLACING AGENCY OR PRIVATE NONCUSTODIAL AGENCY. 7,510
Sec. 5101.148. IF THE DEPARTMENT OF JOB AND FAMILY 7,512
SERVICES SANCTIONS A PUBLIC CHILDREN SERVICES AGENCY, PRIVATE 7,513
CHILD PLACING AGENCY, OR PRIVATE NONCUSTODIAL AGENCY, IT SHALL 7,514
TAKE EVERY POSSIBLE PRECAUTION TO ENSURE THAT ANY FOSTER CHILDREN 7,515
THAT HAVE BEEN PLACED BY THE AGENCY UNDER SANCTION ARE NOT 7,516
UNNECESSARILY REMOVED FROM THE CERTIFIED FOSTER HOMES IN WHICH 7,517
THEY RESIDE.
Sec. 5101.149. MONEY FROM THE CHILDREN SERVICES FUND SHALL 7,519
170
NOT BE USED TO PROVIDE A PERSONAL LOAN TO ANY INDIVIDUAL. 7,520
Sec. 5103.02. As used in sections 5103.03 to 5103.17 of 7,529
the Revised Code: 7,530
(A) "Institution ASSOCIATION" or "association INSTITUTION" 7,533
includes any incorporated or unincorporated organization, 7,534
society, association, or agency, public or private, that receives 7,535
or cares for children for two or more consecutive weeks; any 7,537
individual who, for hire, gain, or reward, receives or cares for 7,538
children for two or more consecutive weeks, unless the individual
is related to them by blood or marriage; and any individual not 7,539
in the regular employ of a court, or of an institution or 7,541
association certified in accordance with section 5103.03 of the 7,542
Revised Code, who in any manner becomes a party to the placing of 7,543
children in foster homes, unless the individual is related to 7,544
such children by blood or marriage, or is the appointed guardian
of such children; provided, that any organization, society, 7,545
association, school, agency, child guidance center, detention or 7,546
rehabilitation facility, or children's clinic licensed, 7,547
regulated, approved, operated under the direction of, or 7,548
otherwise certified by the department of education, a local board 7,549
of education, the department of youth services, the department of 7,550
mental health, or the department of mental retardation and 7,551
developmental disabilities, or any individual who provides care 7,552
for only a single-family group, placed there by their parents or 7,553
other relative having custody, shall not be considered as being 7,554
within the purview of these sections. 7,555
(B) "Family foster home" has the same meaning as in 7,558
section 2151.011 of the Revised Code MEANS A FOSTER HOME THAT IS 7,559
NOT A TREATMENT FOSTER HOME. 7,560
(C) "FOSTER CAREGIVER" MEANS A PERSON HOLDING A VALID 7,562
FOSTER HOME CERTIFICATE ISSUED UNDER SECTION 5103.03 OF THE 7,563
REVISED CODE. 7,564
(D) "FOSTER HOME" MEANS A PRIVATE RESIDENCE IN WHICH 7,566
CHILDREN ARE RECEIVED APART FROM THEIR PARENTS, GUARDIAN, OR 7,567
171
LEGAL CUSTODIAN, BY AN INDIVIDUAL REIMBURSED FOR PROVIDING THE 7,568
CHILDREN NONSECURE CARE, SUPERVISION, OR TRAINING TWENTY-FOUR 7,569
HOURS A DAY. "FOSTER HOME" DOES NOT INCLUDE CARE PROVIDED FOR A 7,570
CHILD IN THE HOME OF A PERSON OTHER THAN THE CHILD'S PARENT,
GUARDIAN, OR LEGAL CUSTODIAN WHILE THE PARENT, GUARDIAN, OR LEGAL 7,571
CUSTODIAN IS TEMPORARILY AWAY. FAMILY FOSTER HOMES AND TREATMENT 7,572
FOSTER HOMES ARE TYPES OF FOSTER HOMES. 7,573
(E) "Treatment foster home" means a family foster home 7,575
that incorporates special psychological or medical treatment 7,576
designed to care for the specific needs of the children received 7,577
in the family foster home and that receives and cares for 7,579
children who are emotionally or behaviorally disturbed, medically 7,580
fragile requiring special medical treatment due to physical
ailment or condition, mentally retarded, or developmentally 7,581
disabled.
Sec. 5103.033 5103.0317. A family foster home may not 7,590
receive more than five children apart from their parents, 7,592
guardian, or custodian, except in order to accommodate a sibling 7,593
group or the remaining members of a sibling group.
Sec. 5103.0319. (A) NO FOSTER CAREGIVER OR PROSPECTIVE 7,595
FOSTER CAREGIVER SHALL FAIL TO NOTIFY THE RECOMMENDING AGENCY 7,596
THAT RECOMMENDED OR IS RECOMMENDING THE FOSTER CAREGIVER OR 7,598
PROSPECTIVE FOSTER CAREGIVER FOR CERTIFICATION IN WRITING IF A
PERSON AT LEAST TWELVE YEARS OF AGE BUT LESS THAN EIGHTEEN YEARS 7,600
OF AGE RESIDING WITH THE FOSTER CAREGIVER OR PROSPECTIVE FOSTER 7,601
CAREGIVER HAS BEEN CONVICTED OF OR PLEADED GUILTY TO ANY OF THE 7,602
FOLLOWING OR HAS BEEN ADJUDICATED TO BE A DELINQUENT CHILD FOR 7,603
COMMITTING AN ACT THAT IF COMMITTED BY AN ADULT WOULD HAVE 7,604
CONSTITUTED SUCH A VIOLATION:
(1) A VIOLATION OF SECTION 2903.01, 2903.02, 2903.03, 7,606
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34, 7,607
2905.01, 2905.02, 2905.05, 2907.02, 2907.03, 2907.04, 2907.05, 7,608
2907.06, 2907.07, 2907.08, 2907.09, 2907.21, 2907.22, 2907.23, 7,609
2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323, 2909.02, 7,610
172
2909.03, 2911.01, 2911.02, 2911.11, 2911.12, 2919.12, 2919.22, 7,612
2919.24, 2919.25, 2923.12, 2923,13, 2923.161, 2925.02, 2925.03, 7,613
2925.04, 2925.05, 2925.06, OR 3716.11 OF THE REVISED CODE, A 7,615
VIOLATION OF SECTION 2905.04 OF THE REVISED CODE AS IT EXISTED 7,616
PRIOR TO JULY 1, 1996, A VIOLATION OF SECTION 2919.23 OF THE 7,618
REVISED CODE THAT WOULD HAVE BEEN A VIOLATION OF SECTION 2905.04 7,619
OF THE REVISED CODE AS IT EXISTED PRIOR TO JULY 1, 1996, HAD THE 7,620
VIOLATION BEEN COMMITTED PRIOR TO THAT DATE, A VIOLATION OF 7,621
SECTION 2925.11 OF THE REVISED CODE THAT IS NOT A MINOR DRUG 7,623
POSSESSION OFFENSE, A VIOLATION OF SECTION 2923.01 OF THE REVISED 7,624
CODE THAT INVOLVED AN ATTEMPT TO COMMIT AGGRAVATED MURDER OR 7,625
MURDER, OR FELONIOUS SEXUAL PENETRATION IN VIOLATION OF FORMER 7,626
SECTION 2907.12 OF THE REVISED CODE;
(2) AN OFFENSE THAT WOULD BE A FELONY IF COMMITTED BY AN 7,628
ADULT AND THE COURT DETERMINED THAT THE CHILD, IF AN ADULT, WOULD 7,629
BE GUILTY OF A SPECIFICATION FOUND IN SECTION 2941.141, 2941.144, 7,630
OR 2941.145 OF THE REVISED CODE OR IN ANOTHER SECTION OF THE 7,631
REVISED CODE THAT RELATES TO THE POSSESSION OR USE OF A FIREARM, 7,632
AS DEFINED IN SECTION 2923.11 OF THE REVISED CODE, DURING THE 7,633
COMMISSION OF THE ACT FOR WHICH THE CHILD WAS ADJUDICATED A 7,634
DELINQUENT CHILD;
(3) A VIOLATION OF AN EXISTING OR FORMER LAW OF THIS 7,636
STATE, ANY OTHER STATE, OR THE UNITED STATES THAT IS 7,637
SUBSTANTIALLY EQUIVALENT TO ANY OF THE OFFENSES DESCRIBED IN 7,638
DIVISION (A)(1) OR (2) OF THIS SECTION. 7,639
(B) IF A RECOMMENDING AGENCY LEARNS THAT A FOSTER 7,641
CAREGIVER HAS FAILED TO COMPLY WITH DIVISION (A) OF THIS SECTION, 7,642
IT SHALL NOTIFY THE DEPARTMENT OF JOB AND FAMILY SERVICES AND THE 7,643
DEPARTMENT SHALL REVOKE THE FOSTER CAREGIVER'S FOSTER HOME 7,644
CERTIFICATE.
Sec. 5103.0320. THE DEPARTMENT OF JOB AND FAMILY SERVICES 7,646
MAY DENY A FOSTER HOME CERTIFICATE ON THE GROUNDS THAT A PERSON 7,647
AT LEAST TWELVE YEARS OF AGE BUT LESS THAN EIGHTEEN YEARS OF AGE 7,648
RESIDING WITH THE FOSTER CAREGIVER OR PROSPECTIVE FOSTER 7,649
173
CAREGIVER HAS BEEN CONVICTED OF OR PLEADED GUILTY TO AN OFFENSE 7,650
DESCRIBED IN DIVISION (A) OF SECTION 5103.0319 OF THE REVISED 7,651
CODE OR HAS BEEN ADJUDICATED TO BE A DELINQUENT CHILD FOR
COMMITTING AN ACT THAT IF COMMITTED BY AN ADULT WOULD HAVE 7,652
CONSTITUTED SUCH AN OFFENSE. 7,653
Sec. 5103.0321. ON RECEIPT OF NOTICE UNDER SECTION 7,655
5103.0319 OF THE REVISED CODE, THE RECOMMENDING AGENCY SHALL DO 7,656
ALL OF THE FOLLOWING: 7,658
(A) REVIEW THE FOSTER CAREGIVER'S FOSTER HOME CERTIFICATE. 7,660
AFTER REVIEW, THE AGENCY MAY RECOMMEND THAT THE DEPARTMENT OF JOB 7,661
AND FAMILY SERVICES REVOKE THE CERTIFICATE. 7,662
(B) REVIEW THE PLACEMENT IN THE FOSTER HOME OF ANY CHILD 7,664
OF WHOM THE AGENCY HAS TEMPORARY, LEGAL, OR PERMANENT CUSTODY. 7,665
AFTER REVIEW, THE AGENCY MAY, CONSISTENT WITH ANY JUVENILE COURT 7,667
ORDER, REMOVE THE CHILD FROM THE FOSTER HOME IN WHICH THE CHILD 7,668
IS RESIDING AND PLACE THE CHILD IN ANOTHER CERTIFIED FOSTER HOME. 7,669
(C) IF THE AGENCY DOES NOT HAVE TEMPORARY, LEGAL, OR 7,671
PERMANENT CUSTODY OF A FOSTER CHILD RESIDING IN THE FOSTER HOME, 7,672
NOTIFY THE ENTITY THAT HAS CUSTODY THAT IT HAS RECEIVED A NOTICE 7,673
UNDER SECTION 5103.0319 OF THE REVISED CODE.
(D) ASSESS THE FOSTER CAREGIVER'S NEED FOR TRAINING 7,675
BECAUSE OF THE CONVICTION, PLEA OF GUILTY, OR ADJUDICATION 7,676
DESCRIBED IN SECTION 5103.0319 OF THE REVISED CODE AND PROVIDE 7,678
ANY NECESSARY TRAINING.
Sec. 5103.0322. ON RECEIPT OF A RECOMMENDATION FROM A 7,680
PUBLIC CHILDREN SERVICES AGENCY, PRIVATE CHILD PLACING AGENCY, OR 7,681
PRIVATE NONCUSTODIAL AGENCY REGARDING AN APPLICATION FOR, OR 7,682
RENEWAL OF, A FAMILY FOSTER HOME OR TREATMENT FOSTER HOME 7,683
CERTIFICATION UNDER SECTION 5103.03 OF THE REVISED CODE, THE 7,684
DEPARTMENT OF JOB AND FAMILY SERVICES SHALL DECIDE WHETHER TO 7,686
ISSUE OR RENEW THE CERTIFICATE. THE DEPARTMENT SHALL NOTIFY THE 7,687
AGENCY AND THE APPLICANT OR CERTIFICATE HOLDER OF ITS DECISION. 7,689
IF THE DEPARTMENT'S DECISION IS DIFFERENT FROM THE RECOMMENDATION 7,690
OF THE AGENCY, THE DEPARTMENT SHALL STATE IN THE NOTICE THE 7,691
174
REASON THAT THE DECISION IS DIFFERENT FROM THE RECOMMENDATION. 7,692
Sec. 5103.0323. (A) AS USED IN THIS SECTION, "GOVERNMENT 7,695
AUDITING STANDARDS" MEANS THE GOVERNMENT AUDITING STANDARDS 7,696
PUBLISHED BY THE COMPTROLLER GENERAL OF THE UNITED STATES GENERAL 7,697
ACCOUNTING OFFICE. 7,698
(B) THE FIRST TIME THAT A PRIVATE CHILD PLACING AGENCY OR 7,701
PRIVATE NONCUSTODIAL AGENCY SEEKS RENEWAL OF A CERTIFICATE ISSUED
UNDER SECTION 5103.03 OF THE REVISED CODE, IT SHALL PROVIDE THE 7,703
DEPARTMENT OF JOB AND FAMILY SERVICES, AS A CONDITION OF RENEWAL,
EVIDENCE OF AN INDEPENDENT AUDIT OF ITS FIRST YEAR OF 7,704
CERTIFICATION, UNLESS THE AUDITOR OF STATE HAS AUDITED THE AGENCY 7,706
DURING THAT YEAR AND THE AUDIT SETS FORTH THAT NO MONEY HAS BEEN 7,707
ILLEGALLY EXPENDED, CONVERTED, MISAPPROPRIATED, OR IS UNACCOUNTED 7,708
FOR OR SETS FORTH FINDINGS THAT ARE INCONSEQUENTIAL, AS DEFINED 7,709
BY GOVERNMENT AUDITING STANDARDS. THEREAFTER, WHEN AN AGENCY 7,710
SEEKS RENEWAL OF ITS CERTIFICATE, IT SHALL PROVIDE THE DEPARTMENT 7,711
EVIDENCE OF AN INDEPENDENT AUDIT FOR THE TWO MOST RECENT PREVIOUS 7,712
YEARS IT IS POSSIBLE FOR AN INDEPENDENT AUDIT TO HAVE BEEN 7,713
CONDUCTED, UNLESS THE AUDITOR OF STATE HAS AUDITED THE AGENCY 7,714
DURING THOSE YEARS AND THE AUDIT SETS FORTH THAT NO MONEY HAS 7,715
BEEN ILLEGALLY EXPENDED, CONVERTED, MISAPPROPRIATED, OR IS 7,716
UNACCOUNTED FOR OR SETS FORTH FINDINGS THAT ARE INCONSEQUENTIAL, 7,717
AS DEFINED BY GOVERNMENT AUDITING STANDARDS.
(C) FOR AN AGENCY TO BE ELIGIBLE FOR RENEWAL, THE 7,720
INDEPENDENT AUDITS MUST DEMONSTRATE THAT THE AGENCY OPERATED IN A 7,721
FISCALLY ACCOUNTABLE MANNER IN ACCORDANCE WITH STATE LAWS AND 7,722
RULES AND ANY AGREEMENT BETWEEN THE AGENCY AND A PUBLIC CHILDREN 7,723
SERVICES AGENCY.
ALL AUDITS REQUIRED BY THIS SECTION SHALL BE CONDUCTED IN 7,725
ACCORDANCE WITH GENERALLY ACCEPTED GOVERNMENT AUDITING STANDARDS. 7,726
Sec. 5103.0324. A PUBLIC CHILDREN SERVICES AGENCY, PRIVATE 7,728
CHILD PLACING AGENCY, OR PRIVATE NONCUSTODIAL AGENCY TO WHICH THE 7,729
DUTY TO INSPECT AND APPROVE A FAMILY FOSTER HOME OR TREATMENT 7,730
FOSTER HOME HAS BEEN DELEGATED UNDER SECTION 5103.03 OF THE 7,731
175
REVISED CODE SHALL PROVIDE FOR AN ASSESSOR WHO MEETS THE 7,733
REQUIREMENTS OF SECTION 3107.014 OF THE REVISED CODE TO CONDUCT A 7,734
HOME STUDY OF THE HOME.
Sec. 5103.0325. NOTWITHSTANDING DIVISION (B) OF SECTION 7,736
119.032 OF THE REVISED CODE, THE DEPARTMENT OF JOB AND FAMILY 7,737
SERVICES SHALL REVIEW ONCE EVERY TWO YEARS THE DEPARTMENT'S RULES 7,739
GOVERNING VISITS AND CONTACTS BY A PUBLIC CHILDREN SERVICES 7,740
AGENCY OR PRIVATE CHILD PLACING AGENCY WITH A CHILD IN THE 7,741
AGENCY'S CUSTODY AND PLACED IN FOSTER CARE IN THIS STATE. THE 7,742
DEPARTMENT SHALL ADOPT RULES IN ACCORDANCE WITH CHAPTER 119. OF 7,743
THE REVISED CODE TO ENSURE COMPLIANCE WITH THE DEPARTMENT'S RULES 7,745
GOVERNING AGENCY VISITS AND CONTACTS WITH A CHILD IN ITS CUSTODY. 7,746
Sec. 5103.161. As used in this section, "permanent 7,755
custody" has the same meaning as in section 2151.011 of the 7,756
Revised Code.
If a private child placing agency or public children 7,758
services agency has placed a child in a foster home or with a 7,759
relative of the child, other than a parent of the child, the 7,760
agency shall notify the child's foster parent CAREGIVER or 7,761
relative if the agency seeks permanent custody of the child, or, 7,762
if the agency already has permanent custody of the child, seeks 7,763
to place the child for adoption. The notice also shall inform 7,764
the foster parent CAREGIVER or relative that the foster parent 7,766
CAREGIVER or relative can be considered for adoption. If the 7,769
foster parent CAREGIVER or relative informs the agency that the 7,770
foster parent CAREGIVER or relative wants to adopt the child, the 7,771
agency shall inform the foster parent CAREGIVER or relative of 7,772
the process for obtaining an application to adopt the child and 7,775
that the child may be placed for adoption in another home even if 7,776
the foster parent CAREGIVER or relative submits the application. 7,778
If the agency is given permanent custody of the child and the 7,779
foster parent CAREGIVER or relative has informed the agency of 7,780
the foster parent's CAREGIVER'S or relative's desire to adopt the 7,781
child, the agency shall consider giving preference to an adult 7,782
176
relative over a nonrelative caregiver when determining an 7,783
adoptive placement for the child, provided the adult relative 7,784
satisfies all relevant child protection standards and the agency 7,785
determines that the placement is in the child's best interest. 7,788
Sec. 5111.20. As used in sections 5111.20 to 5111.32 of 7,797
the Revised Code: 7,798
(A) "Allowable costs" are those costs determined by the 7,800
department of job and family services to be reasonable and do not 7,801
include fines paid under sections 5111.35 to 5111.61 and section 7,803
5111.99 of the Revised Code. 7,804
(B) "Capital costs" means costs of ownership and 7,806
nonextensive renovation. 7,807
(1) "Cost of ownership" means the actual expense incurred 7,809
for all of the following: 7,810
(a) Depreciation and interest on any capital assets that 7,812
cost five hundred dollars or more per item, including the 7,813
following: 7,814
(i) Buildings; 7,816
(ii) Building improvements that are not approved as 7,818
nonextensive renovations under section 5111.25 or 5111.251 of the 7,819
Revised Code; 7,820
(iii) Equipment; 7,822
(iv) Extensive renovations; 7,824
(v) Transportation equipment. 7,826
(b) Amortization and interest on land improvements and 7,828
leasehold improvements; 7,829
(c) Amortization of financing costs; 7,831
(d) Except as provided in division (I) of this section, 7,833
lease and rent of land, building, and equipment. 7,834
The costs of capital assets of less than five hundred 7,836
dollars per item may be considered costs of ownership in 7,837
accordance with a provider's practice.
(2) "Costs of nonextensive renovation" means the actual 7,839
expense incurred for depreciation or amortization and interest on 7,840
177
renovations that are not extensive renovations. 7,841
(C) "Capital lease" and "operating lease" shall be 7,843
construed in accordance with generally accepted accounting 7,844
principles.
(D) "Case-mix score" means the measure determined under 7,846
section 5111.231 of the Revised Code of the relative direct-care 7,847
resources needed to provide care and habilitation to a resident 7,848
of a nursing facility or intermediate care facility for the 7,849
mentally retarded. 7,850
(E) "Date of licensure," for a facility originally 7,852
licensed as a nursing home under Chapter 3721. of the Revised 7,853
Code, means the date specific beds were originally licensed as 7,854
nursing home beds under that chapter, regardless of whether they 7,855
were subsequently licensed as residential facility beds under 7,856
section 5123.19 of the Revised Code. For a facility originally 7,857
licensed as a residential facility under section 5123.19 of the 7,858
Revised Code, "date of licensure" means the date specific beds 7,859
were originally licensed as residential facility beds under that 7,860
section.
(1) If nursing home beds licensed under Chapter 3721. of 7,862
the Revised Code or residential facility beds licensed under 7,863
section 5123.19 of the Revised Code were not required by law to 7,864
be licensed when they were originally used to provide nursing 7,865
home or residential facility services, "date of licensure" means 7,866
the date the beds first were used to provide nursing home or
residential facility services, regardless of the date the present 7,867
provider obtained licensure. 7,868
(2) If a facility adds nursing home beds or residential 7,870
facility beds or extensively renovates all or part of the 7,871
facility after its original date of licensure, it will have a 7,872
different date of licensure for the additional beds or 7,873
extensively renovated portion of the facility, unless the beds 7,874
are added in a space that was constructed at the same time as the 7,875
previously licensed beds but was not licensed under Chapter 3721. 7,876
178
or section 5123.19 of the Revised Code at that time. 7,877
(F) "Desk-reviewed" means that costs as reported on a cost 7,879
report submitted under section 5111.26 of the Revised Code have 7,880
been subjected to a desk review under division (A) of section 7,881
5111.27 of the Revised Code and preliminarily determined to be 7,882
allowable costs. 7,883
(G) "Direct care costs" means all of the following: 7,885
(1)(a) Costs for registered nurses, licensed practical 7,887
nurses, and nurse aides employed by the facility; 7,888
(b) Costs for direct care staff, administrative nursing 7,890
staff, medical directors, social services staff, activities 7,891
staff, psychologists and psychology assistants, social workers 7,892
and counselors, habilitation staff, qualified mental retardation 7,893
professionals, program directors, respiratory therapists, 7,894
habilitation supervisors, and except as provided in division 7,895
(G)(2) of this section, other persons holding degrees qualifying 7,896
them to provide therapy; 7,897
(c) Costs of purchased nursing services; 7,899
(d) Costs of quality assurance; 7,901
(e) Costs of training and staff development, employee 7,903
benefits, payroll taxes, and workers' compensation premiums or 7,904
costs for self-insurance claims and related costs as specified in 7,905
rules adopted by the director of job and family services in 7,907
accordance with Chapter 119. of the Revised Code, for personnel 7,909
listed in divisions (G)(1)(a), (b), and (d) of this section; 7,910
(f) Costs of consulting and management fees related to 7,912
direct care;
(g) Allocated direct care home office costs. 7,914
(2) In addition to the costs specified in division (G)(1) 7,916
of this section, for intermediate care facilities for the 7,917
mentally retarded only, direct care costs include both of the 7,918
following: 7,919
(a) Costs for physical therapists and physical therapy 7,921
assistants, occupational therapists and occupational therapy 7,922
179
assistants, speech therapists, and audiologists; 7,923
(b) Costs of training and staff development, employee 7,925
benefits, payroll taxes, and workers' compensation premiums or 7,926
costs for self-insurance claims and related costs as specified in 7,927
rules adopted by the director of job and family services in 7,929
accordance with Chapter 119. of the Revised Code, for personnel 7,930
listed in division (G)(2)(a) of this section. 7,931
(3) Costs of other direct-care resources that are 7,933
specified as direct care costs in rules adopted by the director 7,935
of job and family services in accordance with Chapter 119. of the 7,936
Revised Code. 7,937
(H) "Fiscal year" means the fiscal year of this state, as 7,939
specified in section 9.34 of the Revised Code. 7,940
(I) "Indirect care costs" means all reasonable costs other 7,942
than direct care costs, other protected costs, or capital costs. 7,943
"Indirect care costs" includes but is not limited to costs of 7,944
habilitation supplies, pharmacy consultants, medical and 7,945
habilitation records, program supplies, incontinence supplies, 7,946
food, enterals, dietary supplies and personnel, laundry, 7,947
housekeeping, security, administration, liability insurance, 7,948
bookkeeping, purchasing department, human resources, 7,949
communications, travel, dues, license fees, subscriptions, home 7,950
office costs not otherwise allocated, legal services, accounting 7,951
services, minor equipment, maintenance and repairs, help-wanted 7,953
advertising, informational advertising, start-up costs, 7,954
organizational expenses, other interest, property insurance, 7,955
employee training and staff development, employee benefits, 7,956
payroll taxes, and workers' compensation premiums or costs for 7,957
self-insurance claims and related costs as specified in rules 7,958
adopted by the director of job and family services in accordance 7,959
with Chapter 119. of the Revised Code, for personnel listed in 7,961
this division. Notwithstanding division (B)(1) of this section, 7,962
"indirect care costs" also means the cost of equipment, including 7,963
vehicles, acquired by operating lease executed before December 1, 7,964
180
1992, if the costs are reported as administrative and general 7,965
costs on the facility's cost report for the cost reporting period 7,966
ending December 31, 1992.
(J) "Inpatient days" means all days during which a 7,968
resident, regardless of payment source, occupies a bed in a 7,969
nursing facility or intermediate care facility for the mentally 7,970
retarded that is included in the facility's certified capacity 7,971
under Title XIX of the "Social Security Act," 49 Stat. 610 7,972
(1935), 42 U.S.C.A. 301, as amended. Therapeutic or hospital 7,973
leave days for which payment is made under section 5111.33 of the 7,974
Revised Code are considered inpatient days proportionate to the 7,975
percentage of the facility's per resident per day rate paid for 7,976
those days. 7,977
(K) "Intermediate care facility for the mentally retarded" 7,979
means an intermediate care facility for the mentally retarded 7,980
certified as in compliance with applicable standards for the 7,981
medical assistance program by the director of health in 7,982
accordance with Title XIX of the "Social Security Act." 7,983
(L) "Maintenance and repair expenses" means, except as 7,985
provided in division (X)(2) of this section, expenditures that 7,986
are necessary and proper to maintain an asset in a normally 7,987
efficient working condition and that do not extend the useful 7,988
life of the asset two years or more. "Maintenance and repair 7,989
expenses" includes but is not limited to the cost of ordinary 7,990
repairs such as painting and wallpapering. 7,991
(M) "Nursing facility" means a facility, or a distinct 7,993
part of a facility, that is certified as a nursing facility by 7,994
the director of health in accordance with Title XIX of the 7,995
"Social Security Act," and is not an intermediate care facility 7,996
for the mentally retarded. "Nursing facility" includes a 7,997
facility, or a distinct part of a facility, that is certified as 7,998
a nursing facility by the director of health in accordance with 7,999
Title XIX of the "Social Security Act," and is certified as a 8,000
skilled nursing facility by the director in accordance with Title 8,001
181
XVIII of the "Social Security Act." 8,002
(N) "Other protected costs" means costs for medical 8,004
supplies; real estate, franchise, and property taxes; natural 8,005
gas, fuel oil, water, electricity, sewage, and refuse and 8,006
hazardous medical waste collection; allocated other protected 8,007
home office costs; and any additional costs defined as other 8,009
protected costs in rules adopted by the director of job and 8,010
family services in accordance with Chapter 119. of the Revised 8,012
Code.
(O) "Owner" means any person or government entity that has 8,014
at least five per cent ownership or interest, either directly, 8,015
indirectly, or in any combination, in a nursing facility or 8,016
intermediate care facility for the mentally retarded. 8,017
(P) "Patient" includes "resident." 8,019
(Q) Except as provided in divisions (Q)(1) and (2) of this 8,021
section, "per diem" means a nursing facility's or intermediate 8,022
care facility for the mentally retarded's actual, allowable costs 8,023
in a given cost center in a cost reporting period, divided by the 8,024
facility's inpatient days for that cost reporting period. 8,025
(1) When calculating indirect care costs for the purpose 8,027
of establishing rates under section 5111.24 or 5111.241 of the 8,028
Revised Code, "per diem" means a facility's actual, allowable 8,029
indirect care costs in a cost reporting period divided by the 8,030
greater of the facility's inpatient days for that period or the 8,031
number of inpatient days the facility would have had during that 8,032
period if its occupancy rate had been eighty-five per cent. 8,033
(2) When calculating capital costs for the purpose of 8,035
establishing rates under section 5111.25 or 5111.251 of the 8,036
Revised Code, "per diem" means a facility's actual, allowable 8,037
capital costs in a cost reporting period divided by the greater 8,038
of the facility's inpatient days for that period or the number of 8,039
inpatient days the facility would have had during that period if 8,040
its occupancy rate had been ninety-five per cent. 8,041
(R) "Provider" means a person or government entity that 8,043
182
operates a nursing facility or intermediate care facility for the 8,044
mentally retarded under a provider agreement. 8,045
(S) "Provider agreement" means a contract between the 8,047
department of job and family services and a nursing facility or 8,048
intermediate care facility for the mentally retarded for the 8,049
provision of nursing facility services or intermediate care 8,050
facility services for the mentally retarded under the medical 8,051
assistance program. 8,052
(T) "Purchased nursing services" means services that are 8,054
provided in a nursing facility by registered nurses, licensed 8,055
practical nurses, or nurse aides who are not employees of the 8,056
facility. 8,057
(U) "Reasonable" means that a cost is an actual cost that 8,059
is appropriate and helpful to develop and maintain the operation 8,060
of patient care facilities and activities, including normal 8,061
standby costs, and that does not exceed what a prudent buyer pays 8,062
for a given item or services. Reasonable costs may vary from 8,063
provider to provider and from time to time for the same provider. 8,064
(V) "Related party" means an individual or organization 8,066
that, to a significant extent, has common ownership with, is 8,067
associated or affiliated with, has control of, or is controlled 8,068
by, the provider. 8,069
(1) An individual who is a relative of an owner is a 8,071
related party. 8,072
(2) Common ownership exists when an individual or 8,074
individuals possess significant ownership or equity in both the 8,075
provider and the other organization. Significant ownership or 8,076
equity exists when an individual or individuals possess five per 8,077
cent ownership or equity in both the provider and a supplier. 8,078
Significant ownership or equity is presumed to exist when an 8,079
individual or individuals possess ten per cent ownership or 8,080
equity in both the provider and another organization from which 8,081
the provider purchases or leases real property. 8,082
(3) Control exists when an individual or organization has 8,084
183
the power, directly or indirectly, to significantly influence or 8,085
direct the actions or policies of an organization. 8,086
(4) An individual or organization that supplies goods or 8,088
services to a provider shall not be considered a related party if 8,089
all of the following conditions are met: 8,090
(a) The supplier is a separate bona fide organization. 8,092
(b) A substantial part of the supplier's business activity 8,094
of the type carried on with the provider is transacted with 8,095
others than the provider and there is an open, competitive market 8,096
for the types of goods or services the supplier furnishes. 8,097
(c) The types of goods or services are commonly obtained 8,099
by other nursing facilities or intermediate care facilities for 8,100
the mentally retarded from outside organizations and are not a 8,101
basic element of patient care ordinarily furnished directly to 8,102
patients by the facilities. 8,103
(d) The charge to the provider is in line with the charge 8,105
for the goods or services in the open market and no more than the 8,106
charge made under comparable circumstances to others by the 8,107
supplier. 8,108
(W) "Relative of owner" means an individual who is related 8,110
to an owner of a nursing facility or intermediate care facility 8,111
for the mentally retarded by one of the following relationships: 8,112
(1) Spouse; 8,114
(2) Natural parent, child, or sibling; 8,116
(3) Adopted parent, child, or sibling; 8,118
(4) Step-parent, step-child, step-brother, or step-sister; 8,120
(5) Father-in-law, mother-in-law, son-in-law, 8,122
daughter-in-law, brother-in-law, or sister-in-law; 8,123
(6) Grandparent or grandchild; 8,125
(7) Foster parent CAREGIVER, foster child, foster brother, 8,127
or foster sister. 8,129
(X) "Renovation" and "extensive renovation" mean: 8,131
(1) Any betterment, improvement, or restoration of a 8,133
nursing facility or intermediate care facility for the mentally 8,134
184
retarded started before July 1, 1993, that meets the definition 8,135
of a renovation or extensive renovation established in rules 8,136
adopted by the director of job and family services in effect on 8,138
December 22, 1992.
(2) In the case of betterments, improvements, and 8,140
restorations of nursing facilities and intermediate care 8,141
facilities for the mentally retarded started on or after July 1, 8,142
1993: 8,143
(a) "Renovation" means the betterment, improvement, or 8,145
restoration of a nursing facility or intermediate care facility 8,146
for the mentally retarded beyond its current functional capacity 8,147
through a structural change that costs at least five hundred 8,148
dollars per bed. A renovation may include betterment, 8,149
improvement, restoration, or replacement of assets that are 8,150
affixed to the building and have a useful life of at least five 8,151
years. A renovation may include costs that otherwise would be 8,152
considered maintenance and repair expenses if they are an 8,153
integral part of the structural change that makes up the 8,154
renovation project. "Renovation" does not mean construction of 8,155
additional space for beds that will be added to a facility's 8,156
licensed or certified capacity. 8,157
(b) "Extensive renovation" means a renovation that costs 8,159
more than sixty-five per cent and no more than eighty-five per 8,160
cent of the cost of constructing a new bed and that extends the 8,161
useful life of the assets for at least ten years. 8,162
For the purposes of division (X)(2) of this section, the 8,164
cost of constructing a new bed shall be considered to be forty 8,165
thousand dollars, adjusted for the estimated rate of inflation 8,166
from January 1, 1993, to the end of the calendar year during 8,167
which the renovation is completed, using the consumer price index 8,168
for shelter costs for all urban consumers for the north central 8,169
region, as published by the United States bureau of labor 8,170
statistics. 8,171
The department of job and family services may treat a 8,173
185
renovation that costs more than eighty-five per cent of the cost 8,174
of constructing new beds as an extensive renovation if the 8,175
department determines that the renovation is more prudent than 8,176
construction of new beds. 8,177
Sec. 5123.77. (A) Pending his removal to an institution, 8,186
a person taken into custody or ordered to be institutionalized 8,188
pursuant to this chapter may be held in his THE PERSON'S home, a 8,190
family CERTIFIED foster home, licensed rest or nursing home, a 8,192
county home, or a facility used for detention, but he THE PERSON 8,193
shall be kept separate from persons charged with or convicted of 8,195
penal offenses.
(B) Whenever any person is taken into custody under this 8,197
chapter, the person in charge of the institution or facility in 8,198
which that person is temporarily held under division (A) of this 8,199
section immediately shall notify that person's legal guardian, 8,200
spouse, or next of kin and his THE PERSON'S counsel, if such can 8,201
be ascertained. 8,202
Sec. 5153.01. (A) As used in the Revised Code, "public 8,211
children services agency" means an entity specified in section 8,212
5153.02 of the Revised Code that has assumed the powers and 8,214
duties of the children services function prescribed by this 8,215
chapter for a county.
(B) As used in this chapter: 8,217
(1) "Babysitting care" means care provided for a child 8,219
while the parents, guardian, or legal custodian of the child are 8,220
temporarily away. 8,221
(2) "Certified family foster home" means a family foster 8,223
home operated by a person holding a certificate issued pursuant 8,225
to, AS DEFINED IN SECTION 5103.02 OF THE REVISED CODE, CERTIFIED 8,227
UNDER section 5103.03 of the Revised Code that is in full force 8,229
and effect.
(3)(2) "Certified organization" means any organization 8,231
holding a certificate issued pursuant to section 5103.03 of the 8,233
Revised Code that is in full force and effect. 8,234
186
(4)(3) "Child" means any person under eighteen years of 8,236
age or a mentally or physically handicapped person, as defined by 8,237
rule adopted by the director of job and family services, under 8,239
twenty-one years of age. 8,240
(5)(4) "Executive director" means the person charged with 8,242
the responsibility of administering the powers and duties of a 8,243
public children services agency appointed pursuant to section 8,245
5153.10 of the Revised Code.
(6) "Family foster home" means a private residence in 8,247
which children are received apart from their parents, guardian, 8,248
or legal custodian by an individual for hire, gain, or reward for 8,249
nonsecure care, supervision, or training twenty-four hours a day. 8,250
"Family foster home" does not include babysitting care provided 8,251
for a child in the home of a person other than the home of the 8,252
parents, guardian, or legal custodian of the child. 8,253
(7) "Foster home" means a family home in which any child 8,255
is received, apart from the child's parents, for care, 8,256
supervision, or training. 8,257
(8)(5) "Organization" means any public, semipublic, or 8,259
private institution, including maternity homes and day nurseries, 8,261
and any private association, society, or agency, located or 8,262
operating in this state, incorporated or unincorporated, having 8,263
among its functions the furnishing of protective services or care 8,265
for children or the placement of children in CERTIFIED foster
homes or elsewhere. 8,267
Sec. 5153.112. (A) A PUBLIC CHILDREN SERVICES AGENCY MAY 8,269
HIRE AS A CASEWORKER ONLY THE FOLLOWING: 8,270
(1) A PERSON WHO HAS A BACHELOR'S DEGREE IN HUMAN 8,272
SERVICES-RELATED STUDIES; 8,273
(2) A PERSON WHO HAS A BACHELOR'S DEGREE IN ANY FIELD AND 8,275
HAS BEEN EMPLOYED FOR AT LEAST TWO YEARS IN A HUMAN 8,276
SERVICES-RELATED OCCUPATION; 8,277
(3) A PERSON WHO HAS AN ASSOCIATE'S DEGREE IN HUMAN 8,279
SERVICES-RELATED STUDIES; 8,280
187
(4) A PERSON WHO HAS BEEN EMPLOYED FOR AT LEAST FIVE YEARS 8,282
IN A HUMAN SERVICES-RELATED OCCUPATION. 8,283
(B) FOR EMPLOYMENT TO CONTINUE, A PERSON DESCRIBED IN 8,285
DIVISION (A)(2), (3), OR (4) OF THIS SECTION MUST OBTAIN A 8,287
JOB-RELATED BACHELOR'S DEGREE NOT LATER THAN FIVE YEARS AFTER THE 8,288
DATE EMPLOYMENT WITH THE AGENCY COMMENCES.
(C) THIS SECTION APPLIES ONLY TO PERSONS HIRED ON OR AFTER 8,290
THE EFFECTIVE DATE OF THIS SECTION AND DOES NOT APPLY TO A 8,291
CASEWORKER EMPLOYED BY A PUBLIC CHILDREN SERVICES AGENCY BEFORE 8,292
THE EFFECTIVE DATE OF THIS SECTION WHO IS HIRED BY ANOTHER PUBLIC 8,294
CHILDREN SERVICES AGENCY ON OR AFTER THAT DATE. 8,295
Sec. 5153.131. A public children services agency may 8,305
procure a policy or policies of insurance insuring employees of 8,306
the agency, volunteers, foster parents CAREGIVERS associated with 8,308
the agency, and, if a county children services board is the 8,309
public children services agency, board members against liability 8,311
arising from the performance of their official duties. 8,312
Sec. 5153.16. (A) Except as provided in section 2151.422 8,321
of the Revised Code, in accordance with rules of the department 8,322
of job and family services, and on behalf of children in the 8,324
county whom the public children services agency considers to be 8,325
in need of public care or protective services, the public 8,326
children services agency shall do all of the following: 8,327
(1) Make an investigation concerning any child alleged to 8,329
be an abused, neglected, or dependent child; 8,330
(2) Enter into agreements with the parent, guardian, or 8,332
other person having legal custody of any child, or with the 8,333
department of job and family services, department of mental 8,334
health, department of mental retardation and developmental 8,335
disabilities, other department, any certified organization within 8,336
or outside the county, or any agency or institution outside the 8,337
state, having legal custody of any child, with respect to the 8,338
custody, care, or placement of any child, or with respect to any 8,339
matter, in the interests of the child, provided the permanent 8,340
188
custody of a child shall not be transferred by a parent to the 8,341
public children services agency without the consent of the 8,343
juvenile court;
(3) Accept custody of children committed to the public 8,345
children services agency by a court exercising juvenile 8,347
jurisdiction;
(4) Provide such care as the public children services 8,350
agency considers to be in the best interests of any child 8,351
adjudicated to be an abused, neglected, or dependent child the 8,352
agency finds to be in need of public care or service; 8,353
(5) Provide social services to any unmarried girl 8,355
adjudicated to be an abused, neglected, or dependent child who is 8,357
pregnant with or has been delivered of a child; 8,358
(6) Make available to the bureau for children with medical 8,360
handicaps of the department of health at its request any 8,361
information concerning a crippled child found to be in need of 8,362
treatment under sections 3701.021 to 3701.028 of the Revised Code 8,363
who is receiving services from the public children services 8,365
agency;
(7) Provide temporary emergency care for any child 8,367
considered by the public children services agency to be in need 8,369
of such care, without agreement or commitment; 8,370
(8) Find family CERTIFIED foster homes, within or outside 8,372
the county, for the care of children, including handicapped 8,373
children from other counties attending special schools in the 8,374
county;
(9) Subject to the approval of the board of county 8,376
commissioners and the state department of job and family 8,377
services, establish and operate a training school or enter into 8,378
an agreement with any municipal corporation or other political 8,379
subdivision of the county respecting the operation, acquisition, 8,380
or maintenance of any children's home, training school, or other 8,381
institution for the care of children maintained by such municipal 8,382
corporation or political subdivision; 8,383
189
(10) Acquire and operate a county children's home, 8,385
establish, maintain, and operate a receiving home for the 8,386
temporary care of children, or procure family CERTIFIED foster 8,387
homes for this purpose; 8,389
(11) Enter into an agreement with the trustees of any 8,391
district children's home, respecting the operation of the 8,392
district children's home in cooperation with the other county 8,393
boards in the district; 8,394
(12) Cooperate with, make its services available to, and 8,396
act as the agent of persons, courts, the department of job and 8,397
family services, the department of health, and other 8,398
organizations within and outside the state, in matters relating 8,399
to the welfare of children, except that the public children 8,400
services agency shall not be required to provide supervision of 8,401
or other services related to the exercise of companionship or 8,402
visitation rights granted pursuant to section 3109.051, 3109.11, 8,403
or 3109.12 of the Revised Code unless a juvenile court, pursuant 8,404
to Chapter 2151. of the Revised Code, or a common pleas court, 8,405
pursuant to division (E)(6) of section 3113.31 of the Revised 8,406
Code, requires the provision of supervision or other services 8,408
related to the exercise of the companionship or visitation 8,409
rights;
(13) Make investigations at the request of any 8,411
superintendent of schools in the county or the principal of any 8,412
school concerning the application of any child adjudicated to be 8,413
an abused, neglected, or dependent child for release from school, 8,414
where such service is not provided through a school attendance 8,415
department;
(14) Administer funds provided under Title IV-E of the 8,417
"Social Security Act," 94 Stat. 501 (1980), 42 U.S.C.A. 671, as 8,418
amended, in accordance with rules adopted under section 5101.141 8,419
of the Revised Code; 8,420
(15) In addition to administering Title IV-E adoption 8,422
assistance funds, enter into agreements to make adoption 8,423
190
assistance payments under section 5153.163 of the Revised Code; 8,424
(16) Implement a system of risk assessment, in accordance 8,426
with rules adopted by the director of job and family services, to 8,429
assist the public children services agency in determining the 8,430
risk of abuse or neglect to a child; 8,431
(17) Enter into a plan of cooperation with the board of 8,433
county commissioners under section 307.983 of the Revised Code 8,434
and comply with the partnership agreement the board enters into 8,435
under section 307.98 of the Revised Code and contracts the board 8,436
enters into under sections 307.981 and 307.982 of the Revised 8,437
Code that affect the public children services agency; 8,438
(18) Make reasonable efforts to prevent the removal of an 8,440
alleged or adjudicated abused, neglected, or dependent child from 8,441
the child's home, eliminate the continued removal of the child 8,442
from the child's home, or make it possible for the child to 8,443
return home safely, except that reasonable efforts of that nature 8,444
are not required when a court has made a determination under 8,445
division (A)(2) of section 2151.419 of the Revised Code; 8,446
(19) Make reasonable efforts to place the child in a 8,448
timely manner in accordance with the permanency plan approved 8,449
under division (E) of section 2151.417 of the Revised Code and to 8,451
complete whatever steps are necessary to finalize the permanent 8,452
placement of the child. 8,453
(B) The public children services agency shall use the 8,455
system implemented pursuant to division (B)(16) of this section 8,456
in connection with an investigation undertaken pursuant to 8,457
division (F)(1) of section 2151.421 of the Revised Code and may 8,459
use the system at any other time the agency is involved with any
child when the agency determines that risk assessment is 8,460
necessary.
(C) Except as provided in section 2151.422 of the Revised 8,462
Code, in accordance with rules of the director of job and family 8,464
services, and on behalf of children in the county whom the public 8,465
children services agency considers to be in need of public care 8,466
191
or protective services, the public children services agency may 8,467
do the following:
(1) Provide or find, with other child serving systems, 8,470
treatment foster care for the care of children in a treatment 8,471
foster home, as defined in section 5103.02 of the Revised Code, 8,472
CERTIFIED UNDER SECTION 5103.03 OF THE REVISED CODE;
(2)(a) Except as limited by divisions (C)(2)(b) and (c) of 8,475
this section, contract with the following for the purpose of
assisting the agency with its duties: 8,476
(i) County departments of job and family services; 8,478
(ii) Boards of alcohol, drug addiction, and mental health 8,481
services;
(iii) County boards of mental retardation and 8,483
developmental disabilities; 8,484
(iv) Regional councils of political subdivisions 8,486
established under Chapter 167. of the Revised Code; 8,487
(v) Private and government providers of services; 8,489
(vi) Managed care organizations and prepaid health plans. 8,491
(b) A public children services agency contract under 8,494
division (C)(2)(a) of this section regarding the agency's duties
under section 2151.421 of the Revised Code may not provide for 8,495
the entity under contract with the agency to perform any service 8,496
not authorized by the department's rules. 8,497
(c) Only a county children services board appointed under 8,500
section 5153.03 of the Revised Code that is a public children
services agency may contract under division (C)(2)(a) of this 8,501
section. If an entity specified in division (B) or (C) of 8,502
section 5153.02 of the Revised Code is the public children 8,503
services agency for a county, the board of county commissioners 8,504
may enter into contracts pursuant to section 307.982 of the
Revised Code regarding the agency's duties. 8,505
Sec. 5153.161. Care provided by the public children 8,515
services agency under division (A)(4) of section 5153.16 of the 8,519
Revised Code shall be provided by the agency, by its own means or 8,520
192
through other available resources, in the child's own home, in 8,522
the home of a relative, or in a certified family foster home, any 8,524
other home approved by the court, receiving home, school,
hospital, convalescent home, or other public or private 8,525
institution within or outside the county or state. 8,526
Sec. 5153.171. (A) ON RECEIPT BY A PUBLIC CHILDREN 8,529
SERVICES AGENCY OF A REQUEST FOR THE RELEASE OF INFORMATION ABOUT 8,530
A CHILD UNDER EIGHTEEN YEARS OF AGE WHO WAS A RESIDENT OF THE 8,531
COUNTY SERVED BY THE AGENCY AT THE TIME OF DEATH AND WHOSE DEATH 8,532
MAY HAVE BEEN CAUSED BY ABUSE, NEGLECT, OR OTHER CRIMINAL 8,533
CONDUCT, THE DIRECTOR OF THE AGENCY IMMEDIATELY SHALL CONFER WITH 8,535
THE PROSECUTING ATTORNEY OF THAT COUNTY. AFTER THE EXECUTIVE
DIRECTOR CONFERS WITH THE PROSECUTING ATTORNEY, THE FOLLOWING 8,537
APPLY:
(1) IF THE PROSECUTING ATTORNEY INTENDS TO PROSECUTE A 8,540
PERSON FOR CAUSING THE CHILD'S DEATH, THE PROSECUTING ATTORNEY 8,541
SHALL DETERMINE THE INFORMATION DESCRIBED IN DIVISION (A) OF 8,543
SECTION 5153.172 OF THE REVISED CODE THAT MAY BE RELEASED, IF 8,544
ANY, AND NOTIFY THE DIRECTOR OF THE INTENT TO PROSECUTE AND THE 8,545
DETERMINATION OF WHAT INFORMATION MAY BE RELEASED. EXCEPT AS 8,546
PROVIDED IN SECTION 5153.173 OF THE REVISED CODE, ON RECEIPT OF 8,547
THE NOTICE, THE DIRECTOR SHALL RELEASE THE INFORMATION THE 8,548
PROSECUTOR DETERMINES MAY BE RELEASED AND NO OTHER INFORMATION. 8,549
(2) IF THE PROSECUTING ATTORNEY DOES NOT INTEND TO 8,552
PROSECUTE A PERSON FOR CAUSING THE DEATH OF THE CHILD, THE 8,553
PROSECUTING ATTORNEY SHALL NOTIFY THE DIRECTOR THAT NO 8,554
PROSECUTION IS INTENDED. EXCEPT AS PROVIDED IN SECTION 5153.173 8,555
OF THE REVISED CODE, ON RECEIPT OF THE NOTICE, THE DIRECTOR SHALL 8,556
RELEASE THE INFORMATION DESCRIBED IN DIVISION (A) OF SECTION 8,557
5153.172 OF THE REVISED CODE.
(B) A PUBLIC CHILDREN SERVICES AGENCY DIRECTOR WHO 8,560
RELEASES INFORMATION IN ACCORDANCE WITH THIS SECTION IN GOOD 8,561
FAITH SHALL NOT BE SUBJECT TO CIVIL OR CRIMINAL LIABILITY FOR 8,562
INJURY, DEATH, OR LOSS TO PERSON OR PROPERTY INCURRED OR IMPOSED 8,563
193
AS A RESULT OF PROVISION OF THE INFORMATION. 8,564
Sec. 5153.172. (A) NOTWITHSTANDING SECTIONS 2151.421, 8,567
3701.243, 5153.17, AND ANY OTHER SECTION OF THE REVISED CODE 8,569
PERTAINING TO CONFIDENTIALITY AND UNLESS PRECLUDED BY SECTION 8,571
5153.173 OF THE REVISED CODE, THE DIRECTOR SHALL DISCLOSE THE 8,572
FOLLOWING INFORMATION CONCERNING A DECEASED CHILD IN ACCORDANCE 8,573
WITH SECTION 5153.171 OF THE REVISED CODE:
(1) THE CHILD'S NAME; 8,575
(2) A SUMMARY REPORT OF THE CHRONOLOGY OF ABUSE OR NEGLECT 8,578
REPORTS MADE PURSUANT TO SECTION 2151.421 OF THE REVISED CODE OF 8,580
WHICH THE CHILD IS THE SUBJECT AND THE FINAL DISPOSITION OF THE 8,581
INVESTIGATIONS OF THE REPORTS OR, IF INVESTIGATIONS HAVE NOT BEEN 8,582
COMPLETED, THE STATUS OF ANY INVESTIGATIONS; 8,583
(3) SERVICES PROVIDED TO OR PURCHASED FOR THE CHILD OR TO 8,585
WHICH THE CHILD WAS REFERRED BY A PUBLIC CHILDREN SERVICES 8,587
AGENCY; 8,588
(4) ACTIONS TAKEN BY A PUBLIC CHILDREN SERVICES AGENCY IN 8,591
RESPONSE TO ANY REPORT OF ABUSE OR NEGLECT OF WHICH THE CHILD WAS 8,592
THE SUBJECT.
(B) NO PERSON MAY RELEASE, PURSUANT TO A REQUEST MADE 8,596
UNDER THIS SECTION CONCERNING A DECEASED CHILD, THE NAME OF ANY 8,597
PERSON OR ENTITY THAT MADE A REPORT OR PARTICIPATED IN MAKING A 8,598
REPORT OF CHILD ABUSE OR NEGLECT OF WHICH THE CHILD WAS THE 8,599
SUBJECT; THE NAMES OF THE PARENTS OR SIBLINGS OF THE CHILD; THE 8,600
CONTENTS OF ANY PSYCHOLOGICAL, PSYCHIATRIC, THERAPEUTIC, 8,601
CLINICAL, OR MEDICAL REPORTS OR EVALUATIONS REGARDING THE CHILD; 8,603
WITNESS STATEMENTS; POLICE OR OTHER INVESTIGATIVE REPORTS; OR ANY 8,604
OTHER INFORMATION OTHER THAN THE INFORMATION THAT MAY BE RELEASED 8,605
IN ACCORDANCE WITH THIS SECTION.
Sec. 5153.173. THE DIRECTOR SHALL NOT DISCLOSE ANY 8,607
INFORMATION PURSUANT TO SECTION 5153.172 OF THE REVISED CODE IF A 8,608
JUDGE OF THE COMMON PLEAS COURT OF THE COUNTY THE DECEASED CHILD 8,610
RESIDED IN AT THE TIME OF DEATH DETERMINES, ON MOTION OF THE 8,611
PUBLIC CHILDREN SERVICES AGENCY, THAT DISCLOSING THE INFORMATION 8,612
194
WOULD NOT BE IN THE BEST INTEREST OF A SIBLING OF THE DECEASED 8,613
CHILD OR ANOTHER CHILD RESIDING IN THE HOUSEHOLD THE CHILD 8,614
RESIDED IN AT THE TIME OF DEATH. 8,615
Sec. 5153.60. THE DEPARTMENT OF JOB AND FAMILY SERVICES 8,617
SHALL ESTABLISH A STATEWIDE PROGRAM THAT PROVIDES THE TRAINING 8,618
SECTION 5153.122 OF THE REVISED CODE REQUIRES PUBLIC CHILDREN 8,619
SERVICES AGENCY CASEWORKERS AND SUPERVISORS TO COMPLETE. THE 8,620
PROGRAM SHALL BE CALLED THE "OHIO CHILD WELFARE TRAINING 8,621
PROGRAM."
Sec. 5153.61. EACH FISCAL BIENNIUM, THE DEPARTMENT OF JOB 8,623
AND FAMILY SERVICES SHALL CONTRACT WITH AN ENTITY TO SERVE AS THE 8,624
TRAINING COORDINATOR FOR THE OHIO CHILD WELFARE TRAINING PROGRAM. 8,625
THE TRAINING COORDINATOR SHALL DEVELOP, IMPLEMENT, AND MANAGE THE 8,626
TRAINING PROGRAM. THE DEPARTMENT SHALL SELECT THE ENTITY FROM 8,627
THE CANDIDATES SELECTED PURSUANT TO SECTION 5153.63 OF THE 8,628
REVISED CODE. A CONTRACT ENTERED INTO UNDER THIS SECTION SHALL 8,629
BE EFFECTIVE ON THE FIRST DAY OF THE BIENNIUM FOR WHICH IT IS 8,630
ENTERED INTO AND TERMINATE ON THE LAST DAY OF THAT BIENNIUM. 8,631
Sec. 5153.62. BEFORE THE BEGINNING OF EACH FISCAL 8,633
BIENNIUM, THE DEPARTMENT OF JOB AND FAMILY SERVICES SHALL DEVELOP 8,634
AND ISSUE A REQUEST FOR PROPOSALS FOR THE DEVELOPMENT, 8,635
IMPLEMENTATION, AND MANAGEMENT, AS TRAINING COORDINATOR, OF THE 8,636
OHIO CHILD WELFARE TRAINING PROGRAM DURING THE BIENNIUM. THE 8,637
DEPARTMENT SHALL DEVELOP THE REQUEST FOR PROPOSALS IN 8,638
CONSULTATION WITH INDIVIDUALS DESIGNATED UNDER SECTION 5153.64 OF 8,639
THE REVISED CODE.
Sec. 5153.63. BEFORE THE BEGINNING OF EACH FISCAL 8,641
BIENNIUM, THE INDIVIDUALS DESIGNATED UNDER SECTION 5153.64 OF THE 8,642
REVISED CODE SHALL REVIEW ALL RESPONSES TO THE REQUEST FOR 8,644
PROPOSALS ISSUED UNDER SECTION 5153.62 OF THE REVISED CODE FOR 8,645
THE BIENNIUM AND RECOMMEND TO THE DEPARTMENT OF JOB AND FAMILY 8,647
SERVICES THOSE ENTITIES THAT MEET THE REQUIREMENTS OF THE 8,648
REQUEST. 8,649
Sec. 5153.64. THE DIRECTOR OF JOB AND FAMILY SERVICES 8,651
195
SHALL SELECT REPRESENTATIVES FROM THE FOLLOWING ORGANIZATIONS TO 8,652
PERFORM THE CONSULTATION AND RECOMMENDATION DUTIES UNDER SECTIONS 8,653
5153.62 AND 5153.63 OF THE REVISED CODE: 8,654
(A) REGIONAL TRAINING CENTERS ESTABLISHED UNDER SECTION 8,656
5153.72 OF THE REVISED CODE; 8,657
(B) STAFF OF PUBLIC CHILDREN SERVICES AGENCIES; 8,659
(C) STAFF OF THE STATE DEPARTMENT OF JOB AND FAMILY 8,661
SERVICES.
Sec. 5153.65. THE ENTITY CONTRACTED WITH TO SERVE AS THE 8,664
TRAINING COORDINATOR FOR THE OHIO CHILD WELFARE TRAINING PROGRAM 8,665
SHALL DO ALL THE FOLLOWING AS PART OF ITS DUTIES UNDER THE 8,666
CONTRACT: 8,667
(A) ADMINISTER, COORDINATE, AND EVALUATE ALL TRAINING 8,669
PROGRAM ACTIVITIES UNDER THE PROGRAM; 8,670
(B) DEVELOP TRAINING CURRICULUM, RESOURCES, AND PRODUCTS; 8,672
(C) PROVIDE FISCAL MANAGEMENT AND TECHNICAL ASSISTANCE TO 8,674
REGIONAL TRAINING CENTERS ESTABLISHED UNDER SECTION 5153.72 OF 8,675
THE REVISED CODE; 8,676
(D) COOPERATE WITH THE REGIONAL TRAINING CENTERS TO 8,678
SCHEDULE TRAINING SESSIONS, PROVIDE NOTICES OF TRAINING SESSIONS, 8,679
AND PROVIDE TRAINING MATERIALS; 8,680
(E) EMPLOY AND COMPENSATE TRAINING SESSION INSTRUCTORS; 8,682
(F) CREATE INDIVIDUAL TRAINING NEEDS ASSESSMENT FORMS FOR 8,684
USE PURSUANT TO SECTIONS 5153.75 AND 5153.76 OF THE REVISED CODE; 8,686
(G) CONDUCT ANY OTHER ACTIVITIES NECESSARY FOR THE 8,688
DEVELOPMENT, IMPLEMENTATION, AND MANAGEMENT OF THE TRAINING 8,689
PROGRAM.
Sec. 5153.66. THE DIRECTOR OF JOB AND FAMILY SERVICES 8,691
SHALL ESTABLISH THE TRAINING PROGRAM STEERING COMMITTEE. SECTION 8,692
101.84 OF THE REVISED CODE DOES NOT APPLY TO THE COMMITTEE. 8,693
Sec. 5153.67. (A) THE DIRECTOR OF JOB AND FAMILY SERVICES 8,695
SHALL APPOINT THE FOLLOWING TO SERVE ON THE TRAINING PROGRAM 8,696
STEERING COMMITTEE:
(1) EMPLOYEES OF THE DEPARTMENT OF JOB AND FAMILY 8,698
196
SERVICES;
(2) REPRESENTATIVES OF REGIONAL TRAINING CENTERS 8,700
ESTABLISHED UNDER SECTION 5153.72 OF THE REVISED CODE; 8,701
(3) A REPRESENTATIVE OF AN ORGANIZATION THAT REPRESENTS 8,704
THE INTERESTS OF PUBLIC CHILDREN SERVICES AGENCIES; 8,705
(4) A REPRESENTATIVE OF THE ENTITY CONTRACTED WITH TO 8,708
SERVE AS THE TRAINING COORDINATOR FOR THE OHIO CHILD WELFARE
TRAINING PROGRAM; 8,709
(5) TWO EMPLOYEES OF PUBLIC CHILDREN SERVICES AGENCIES. 8,712
(B) ALL INITIAL APPOINTMENTS REQUIRED TO BE MADE UNDER 8,715
THIS SECTION SHALL BE MADE NO LATER THAN THIRTY DAYS AFTER THE 8,716
EFFECTIVE DATE OF THIS SECTION. 8,717
THE REPRESENTATIVE OF AN ENTITY CONTRACTED WITH TO SERVE AS 8,719
THE TRAINING COORDINATOR SHALL SERVE ON THE COMMITTEE UNTIL THE 8,720
DEPARTMENT OF JOB AND FAMILY SERVICES CONTRACTS WITH A DIFFERENT 8,721
ENTITY TO SERVE AS THE TRAINING COORDINATOR. 8,723
THE ENTITY UNDER CONTRACT ON THE EFFECTIVE DATE OF THIS 8,725
SECTION TO COORDINATE TRAINING FOR CASEWORKERS AND SUPERVISORS IN 8,726
THE STATE SHALL BE CONSIDERED THE ENTITY THAT CONTRACTS WITH THE 8,727
DEPARTMENT TO SERVE AS THE TRAINING COORDINATOR FOR THE OHIO 8,728
CHILD WELFARE TRAINING PROGRAM. 8,729
Sec. 5153.68. AFTER THE TRAINING PROGRAM STEERING 8,731
COMMITTEE IS APPOINTED UNDER SECTION 5153.67 OF THE REVISED CODE, 8,732
THE DIRECTOR OF JOB AND FAMILY SERVICES SHALL CALL THE COMMITTEE 8,734
TO MEET FOR THE PURPOSE OF ADOPTING BYLAWS GOVERNING THE 8,736
OPERATION OF THE COMMITTEE. THE BYLAWS SHALL INCLUDE PROVISIONS 8,737
ADDRESSING THE COMMITTEE'S GOVERNING STRUCTURE, SUBCOMMITTEES, 8,738
FREQUENCY OF MEETINGS, AND AMENDMENT OF THE BYLAWS. THE 8,739
COMMITTEE SHALL ADOPT THE BYLAWS, PURSUANT TO CHAPTER 119. OF THE 8,741
REVISED CODE, BY MAJORITY VOTE OF ALL MEMBERS OF THE COMMITTEE. 8,742
THE COMMITTEE SHALL ADOPT THE BYLAWS NO LATER THAN ONE HUNDRED 8,743
EIGHTY DAYS AFTER THE EFFECTIVE DATE OF THIS SECTION.
Sec. 5153.69. THE TRAINING PROGRAM STEERING COMMITTEE 8,745
SHALL MONITOR AND EVALUATE THE OHIO CHILD WELFARE TRAINING 8,747
197
PROGRAM TO ENSURE THAT THE PROGRAM IS A COMPETENCY-BASED TRAINING 8,749
SYSTEM THAT SATISFIES THE TRAINING REQUIREMENTS FOR PUBLIC 8,750
CHILDREN SERVICES AGENCY CASEWORKERS AND SUPERVISORS UNDER 8,751
SECTION 5153.122 OF THE REVISED CODE.
Sec. 5153.70. THE DEPARTMENT OF JOB AND FAMILY SERVICES 8,753
SHALL OVERSEE THE OPERATION OF THE ENTITY CONTRACTED WITH UNDER 8,754
SECTION 5153.61 OF THE REVISED CODE REGARDING THE DEVELOPMENT, 8,755
IMPLEMENTATION, AND MANAGEMENT OF THE OHIO CHILD WELFARE TRAINING 8,757
PROGRAM.
Sec. 5153.71. PRIOR TO THE BEGINNING OF THE FISCAL 8,759
BIENNIUM THAT FIRST FOLLOWS THE EFFECTIVE DATE OF THIS SECTION, 8,761
THE DEPARTMENT OF JOB AND FAMILY SERVICES, IN CONSULTATION WITH 8,762
THE TRAINING PROGRAM STEERING COMMITTEE, SHALL DESIGNATE EIGHT 8,763
TRAINING REGIONS IN THE STATE. THE DEPARTMENT MAY CHANGE THE 8,765
TRAINING REGIONS AS NEEDED. EACH TRAINING REGION SHALL CONTAIN 8,766
ONLY ONE REGIONAL TRAINING CENTER ESTABLISHED AND MAINTAINED 8,767
UNDER SECTION 5153.72 OF THE REVISED CODE. 8,768
Sec. 5153.72. PRIOR TO THE BEGINNING OF THE FISCAL 8,770
BIENNIUM THAT FIRST FOLLOWS THE EFFECTIVE DATE OF THIS SECTION, 8,772
THE PUBLIC CHILDREN SERVICES AGENCIES OF ATHENS, CUYAHOGA, 8,774
FRANKLIN, GREENE, GUERNSEY, HAMILTON, LUCAS, AND SUMMIT COUNTIES 8,775
SHALL EACH ESTABLISH AND MAINTAIN A REGIONAL TRAINING CENTER. AT 8,776
ANY TIME AFTER THE BEGINNING OF THAT BIENNIUM, THE DEPARTMENT OF 8,777
JOB AND FAMILY SERVICES, ON THE RECOMMENDATION OF THE TRAINING 8,778
PROGRAM STEERING COMMITTEE, MAY DIRECT A PUBLIC CHILDREN SERVICES 8,779
AGENCY TO ESTABLISH AND MAINTAIN A TRAINING CENTER TO REPLACE THE 8,780
CENTER ESTABLISHED BY AN AGENCY UNDER THIS SECTION. THERE MAY BE 8,781
NO MORE AND NO LESS THAN EIGHT CENTERS IN EXISTENCE AT ANY TIME. 8,782
Sec. 5153.73. THE EXECUTIVE DIRECTOR OF EACH PUBLIC 8,784
CHILDREN SERVICES AGENCY REQUIRED TO ESTABLISH AND MAINTAIN A 8,785
REGIONAL TRAINING CENTER SHALL APPOINT A MANAGER TO OPERATE THE 8,786
TRAINING CENTER IN ACCORDANCE WITH SECTION 5153.74 OF THE REVISED 8,787
CODE.
Sec. 5153.74. A REGIONAL TRAINING CENTER'S 8,789
198
RESPONSIBILITIES SHALL INCLUDE THE FOLLOWING: 8,791
(A) SECURE FACILITIES SUITABLE FOR CONDUCTING TRAINING 8,793
PROGRAMS AND SESSIONS; 8,794
(B) PROVIDE ADMINISTRATIVE SERVICES AND PAY ALL 8,796
ADMINISTRATIVE COSTS RELATED TO THE CONDUCT OF TRAINING PROGRAMS 8,797
AND SESSIONS;
(C) MAINTAIN A DATABASE OF THE DATA CONTAINED IN THE 8,799
INDIVIDUAL TRAINING NEEDS ASSESSMENTS FOR EACH CASEWORKER AND 8,801
SUPERVISOR EMPLOYED BY A PUBLIC CHILDREN SERVICES AGENCY LOCATED 8,802
IN THE TRAINING REGION SERVED BY THE CENTER; 8,803
(D) ASSESS TRAINING NEEDS OF CASEWORKERS AND SUPERVISORS 8,805
EMPLOYED BY A PUBLIC CHILDREN SERVICES AGENCY LOCATED IN THE 8,807
TRAINING REGION SERVED BY THE CENTER; 8,808
(E) COOPERATE WITH THE ENTITY CONTRACTED WITH UNDER 8,811
SECTION 5153.61 OF THE REVISED CODE IN COORDINATING TRAINING 8,812
PROGRAMS AND SESSIONS AT THE CENTER.
Sec. 5153.75. EACH SUPERVISOR EMPLOYED BY A PUBLIC 8,814
CHILDREN SERVICES AGENCY THAT SUPERVISES THE WORK OF A CASEWORKER 8,815
EMPLOYED BY THE AGENCY SHALL WORK WITH THE CASEWORKER TO 8,816
DETERMINE THE CASEWORKER'S TRAINING NEEDS IN ACCORDANCE WITH, AND 8,817
ENSURE THE CASEWORKER'S COMPLIANCE WITH, THE TRAINING 8,818
REQUIREMENTS OF SECTION 5153.122 OF THE REVISED CODE. ONCE EVERY 8,819
TWO YEARS, THE SUPERVISOR SHALL COMPLETE AN INDIVIDUAL TRAINING 8,821
NEEDS ASSESSMENT FORM CREATED UNDER SECTION 5153.65 OF THE 8,823
REVISED CODE FOR EACH CASEWORKER. 8,824
Sec. 5153.76. THE EXECUTIVE DIRECTOR OF EACH PUBLIC 8,826
CHILDREN SERVICES AGENCY OR A PERSON DESIGNATED BY THE EXECUTIVE 8,827
DIRECTOR SHALL WORK WITH EACH SUPERVISOR EMPLOYED BY THE AGENCY 8,829
TO DETERMINE THE SUPERVISOR'S TRAINING NEEDS IN ACCORDANCE WITH, 8,830
AND ENSURE THE SUPERVISOR'S COMPLIANCE WITH, THE TRAINING
REQUIREMENTS OF SECTION 5153.122 OF THE REVISED CODE. ONCE EVERY 8,832
TWO YEARS, THE EXECUTIVE DIRECTOR OR DESIGNATED PERSON SHALL 8,833
COMPLETE AN INDIVIDUAL TRAINING NEEDS ASSESSMENT FORM CREATED 8,835
UNDER SECTION 5153.65 OF THE REVISED CODE FOR EACH SUPERVISOR. 8,836
199
Sec. 5153.77. THE EXECUTIVE DIRECTOR OF EACH PUBLIC 8,838
CHILDREN SERVICES AGENCY OR A PERSON DESIGNATED BY THE EXECUTIVE 8,839
DIRECTOR SHALL COLLECT AND MAINTAIN THE DATA FROM INDIVIDUAL 8,840
TRAINING NEEDS ASSESSMENT FORMS COMPLETED UNDER SECTIONS 5153.75 8,842
AND 5153.76 OF THE REVISED CODE FOR EACH SUPERVISOR AND CASE 8,843
WORKER EMPLOYED BY THE AGENCY. THE DIRECTOR OR DESIGNATED PERSON 8,844
SHALL COMPILE AND FORWARD THE DATA COLLECTED FROM THE COMPLETED 8,845
ASSESSMENT FORMS TO THE REGIONAL TRAINING CENTER LOCATED IN THE 8,846
SAME TRAINING REGION AS THE AGENCY. 8,847
Sec. 5153.78. (A) AS USED IN THIS SECTION: 8,849
(1) "TITLE IV-B" MEANS TITLE IV-B OF THE "SOCIAL SECURITY 8,853
ACT OF 1967," 81 STAT. 821, 42 U.S.C. 620, AS AMENDED. 8,854
(2) "TITLE IV-E" MEANS TITLE IV-E OF THE "SOCIAL SECURITY 8,857
ACT," 94 STAT. 501, 42 U.S.C. 670(1980). 8,859
(3) "TITLE XX" HAS THE SAME MEANING AS IN SECTION 5101.46 8,861
OF THE REVISED CODE. 8,862
(B) FOR PURPOSES OF FUNDING THE OHIO CHILD WELFARE 8,865
TRAINING PROGRAM, THE DEPARTMENT OF JOB AND FAMILY SERVICES SHALL 8,866
USE THE FOLLOWING TO ADEQUATELY FUND THE OHIO CHILD WELFARE 8,867
TRAINING PROGRAM: 8,868
(1) THE FEDERAL FINANCIAL PARTICIPATION FUNDS WITHHELD 8,870
PURSUANT TO DIVISION (D) OF SECTION 5101.141 OF THE REVISED CODE 8,872
IN AN AMOUNT DETERMINED BY THE DEPARTMENT;
(2) FUNDS AVAILABLE UNDER TITLE XX, TITLE IV-B, AND TITLE 8,875
IV-E TO PAY FOR TRAINING COSTS; 8,876
(3) ANY OTHER AVAILABLE STATE OR FEDERAL FUNDS. 8,878
Section 2. That existing sections 109.572, 117.13, 121.22, 8,880
121.37, 149.43, 305.14, 307.441, 2101.11, 2151.011, 2151.312, 8,882
2151.331, 2151.34, 2151.353, 2151.411, 2151.414, 2151.418, 8,884
2151.421, 2151.424, 2151.55, 2151.554, 2151.62, 2151.86, 2317.02, 8,885
2907.08, 3107.01, 3107.012, 3107.013, 3107.02, 3107.031, 3107.12,
3107.13, 3107.14, 3313.472, 3313.64, 4731.22, 5101.14, 5101.141, 8,887
5101.143, 5103.02, 5103.033, 5103.161, 5111.20, 5123.77, 5153.01, 8,888
5153.131, 5153.16, and 5153.161 of the Revised Code are hereby 8,889
200
repealed.
Section 3. That the version of section 121.22 of the 8,891
Revised Code that is scheduled to take effect December 24, 2000, 8,892
be amended to read as follows: 8,893
Sec. 121.22. (A) This section shall be liberally 8,902
construed to require public officials to take official action and 8,903
to conduct all deliberations upon official business only in open 8,904
meetings unless the subject matter is specifically excepted by 8,905
law. 8,906
(B) As used in this section: 8,908
(1) "Public body" means any of the following: 8,910
(a) Any board, commission, committee, council, or similar 8,912
decision-making body of a state agency, institution, or 8,913
authority, and any legislative authority or board, commission, 8,914
committee, council, agency, authority, or similar decision-making 8,916
body of any county, township, municipal corporation, school 8,917
district, or other political subdivision or local public 8,918
institution;
(b) Any committee or subcommittee of a body described in 8,920
division (B)(1)(a) of this section; 8,921
(c) A court of jurisdiction of a sanitary district 8,923
organized wholly for the purpose of providing a water supply for 8,924
domestic, municipal, and public use when meeting for the purpose 8,926
of the appointment, removal, or reappointment of a member of the 8,927
board of directors of such a district pursuant to section 6115.10
of the Revised Code, if applicable, or for any other matter 8,928
related to such a district other than litigation involving the 8,929
district. As used in division (B)(1)(c) of this section, "court 8,930
of jurisdiction" has the same meaning as "court" in section 8,931
6115.01 of the Revised Code.
(2) "Meeting" means any prearranged discussion of the 8,933
public business of the public body by a majority of its members. 8,934
(3) "Regulated individual" means either of the following: 8,936
(a) A student in a state or local public educational 8,938
201
institution; 8,939
(b) A person who is, voluntarily or involuntarily, an 8,941
inmate, patient, or resident of a state or local institution 8,942
because of criminal behavior, mental illness or retardation, 8,943
disease, disability, age, or other condition requiring custodial 8,944
care. 8,945
(C) All meetings of any public body are declared to be 8,947
public meetings open to the public at all times. A member of a 8,948
public body shall be present in person at a meeting open to the 8,950
public to be considered present or to vote at the meeting and for 8,951
purposes of determining whether a quorum is present at the 8,952
meeting. 8,953
The minutes of a regular or special meeting of any public 8,956
body shall be promptly prepared, filed, and maintained and shall 8,957
be open to public inspection. The minutes need only reflect the 8,958
general subject matter of discussions in executive sessions 8,959
authorized under division (G) or (J) of this section.
(D) This section does not apply to a ANY OF THE FOLLOWING: 8,961
(1) A grand jury, to an; 8,963
(2) AN audit conference conducted by the auditor of state 8,965
or independent certified public accountants with officials of the 8,967
public office that is the subject of the audit, to the; 8,968
(3) THE adult parole authority when its hearings are 8,971
conducted at a correctional institution for the sole purpose of 8,972
interviewing inmates to determine parole or pardon, to the; 8,973
(4) THE organized crime investigations commission 8,975
established under section 177.01 of the Revised Code, to the; 8,976
(5) MEETINGS OF A CHILD FATALITY REVIEW BOARD ESTABLISHED 8,978
UNDER SECTION 307.621 OF THE REVISED CODE AND MEETINGS CONDUCTED 8,979
PURSUANT TO SECTIONS 5153.171 TO 5153.173 OF THE REVISED CODE; 8,980
(6) THE state medical board when determining whether to 8,982
suspend a certificate without a prior hearing pursuant to 8,983
division (G) of either section 4730.25 or 4731.22 of the Revised 8,985
Code, to the; 8,986
202
(7) THE board of nursing when determining whether to 8,989
suspend a license or certificate without a prior hearing pursuant 8,991
to division (B) of section 4723.281 of the Revised Code, or to 8,993
the;
(8) THE executive committee of the emergency response 8,995
commission when determining whether to issue an enforcement order 8,996
or request that a civil action, civil penalty action, or criminal 8,997
action be brought to enforce Chapter 3750. of the Revised Code. 8,998
(E) The controlling board, the development financing 9,000
advisory council, the industrial technology and enterprise 9,001
advisory council, the tax credit authority, or the minority 9,003
development financing advisory board, when meeting to consider 9,004
granting assistance pursuant to Chapter 122. or 166. of the 9,005
Revised Code, in order to protect the interest of the applicant 9,006
or the possible investment of public funds, by unanimous vote of 9,007
all board, council, or authority members present, may close the 9,009
meeting during consideration of the following information 9,011
confidentially received by the authority, council, or board from 9,012
the applicant: 9,014
(1) Marketing plans; 9,016
(2) Specific business strategy; 9,018
(3) Production techniques and trade secrets; 9,020
(4) Financial projections; 9,022
(5) Personal financial statements of the applicant or 9,024
members of the applicant's immediate family, including, but not 9,025
limited to, tax records or other similar information not open to 9,027
public inspection. 9,028
The vote by the authority, council, or board to accept or 9,032
reject the application, as well as all proceedings of the
authority, council, or board not subject to this division, shall 9,035
be open to the public and governed by this section.
(F) Every public body, by rule, shall establish a 9,037
reasonable method whereby any person may determine the time and 9,038
place of all regularly scheduled meetings and the time, place, 9,039
203
and purpose of all special meetings. A public body shall not 9,040
hold a special meeting unless it gives at least twenty-four 9,041
hours' advance notice to the news media that have requested 9,042
notification, except in the event of an emergency requiring 9,043
immediate official action. In the event of an emergency, the 9,044
member or members calling the meeting shall notify the news media 9,045
that have requested notification immediately of the time, place, 9,046
and purpose of the meeting. 9,047
The rule shall provide that any person, upon request and 9,050
payment of a reasonable fee, may obtain reasonable advance
notification of all meetings at which any specific type of public 9,051
business is to be discussed. Provisions for advance notification 9,052
may include, but are not limited to, mailing the agenda of 9,053
meetings to all subscribers on a mailing list or mailing notices 9,054
in self-addressed, stamped envelopes provided by the person. 9,055
(G) Except as provided in division (J) of this section, 9,058
the members of a public body may hold an executive session only 9,059
after a majority of a quorum of the public body determines, by a 9,060
roll call vote, to hold an executive session and only at a 9,062
regular or special meeting for the sole purpose of the
consideration of any of the following matters: 9,063
(1) To consider the appointment, employment, dismissal, 9,065
discipline, promotion, demotion, or compensation of a public 9,066
employee or official, or the investigation of charges or 9,067
complaints against a public employee, official, licensee, or 9,068
regulated individual, unless the public employee, official, 9,069
licensee, or regulated individual requests a public hearing. 9,070
Except as otherwise provided by law, no public body shall hold an 9,071
executive session for the discipline of an elected official for 9,072
conduct related to the performance of the elected official's 9,073
official duties or for the elected official's removal from 9,075
office. If a public body holds an executive session pursuant to 9,077
division (G)(1) of this section, the motion and vote to hold that 9,078
executive session shall state which one or more of the approved 9,079
204
purposes listed in division (G)(1) of this section are the 9,080
purposes for which the executive session is to be held, but need 9,081
not include the name of any person to be considered at the 9,082
meeting.
(2) To consider the purchase of property for public 9,084
purposes, or for the sale of property at competitive bidding, if 9,085
premature disclosure of information would give an unfair 9,086
competitive or bargaining advantage to a person whose personal, 9,087
private interest is adverse to the general public interest. No 9,088
member of a public body shall use division (G)(2) of this section 9,090
as a subterfuge for providing covert information to prospective 9,092
buyers or sellers. A purchase or sale of public property is void 9,093
if the seller or buyer of the public property has received covert 9,094
information from a member of a public body that has not been 9,095
disclosed to the general public in sufficient time for other 9,096
prospective buyers and sellers to prepare and submit offers. 9,097
If the minutes of the public body show that all meetings 9,099
and deliberations of the public body have been conducted in 9,100
compliance with this section, any instrument executed by the 9,101
public body purporting to convey, lease, or otherwise dispose of 9,102
any right, title, or interest in any public property shall be 9,103
conclusively presumed to have been executed in compliance with 9,104
this section insofar as title or other interest of any bona fide 9,105
purchasers, lessees, or transferees of the property is concerned. 9,106
(3) Conferences with an attorney for the public body 9,108
concerning disputes involving the public body that are the 9,109
subject of pending or imminent court action; 9,110
(4) Preparing for, conducting, or reviewing negotiations 9,112
or bargaining sessions with public employees concerning their 9,113
compensation or other terms and conditions of their employment; 9,114
(5) Matters required to be kept confidential by federal 9,116
law or regulations or state statutes; 9,117
(6) Specialized details of security arrangements if 9,119
disclosure of the matters discussed might reveal information that 9,120
205
could be used for the purpose of committing, or avoiding 9,121
prosecution for, a violation of the law; 9,122
(7) In the case of a county hospital operated pursuant to 9,124
Chapter 339. of the Revised Code, to consider trade secrets, as 9,126
defined in section 1333.61 of the Revised Code.
If a public body holds an executive session to consider any 9,128
of the matters listed in divisions (G)(2) to (7) of this section, 9,130
the motion and vote to hold that executive session shall state 9,131
which one or more of the approved matters listed in those 9,132
divisions are to be considered at the executive session. 9,133
A public body specified in division (B)(1)(c) of this 9,136
section shall not hold an executive session when meeting for the
purposes specified in that division. 9,137
(H) A resolution, rule, or formal action of any kind is 9,139
invalid unless adopted in an open meeting of the public body. A 9,140
resolution, rule, or formal action adopted in an open meeting 9,141
that results from deliberations in a meeting not open to the 9,142
public is invalid unless the deliberations were for a purpose 9,143
specifically authorized in division (G) or (J) of this section 9,144
and conducted at an executive session held in compliance with 9,145
this section. A resolution, rule, or formal action adopted in an 9,146
open meeting is invalid if the public body that adopted the 9,147
resolution, rule, or formal action violated division (F) of this 9,148
section. 9,149
(I)(1) Any person may bring an action to enforce this 9,151
section. An action under division (I)(1) of this section shall 9,153
be brought within two years after the date of the alleged 9,154
violation or threatened violation. Upon proof of a violation or 9,155
threatened violation of this section in an action brought by any 9,156
person, the court of common pleas shall issue an injunction to 9,157
compel the members of the public body to comply with its 9,158
provisions. 9,159
(2)(a) If the court of common pleas issues an injunction 9,161
pursuant to division (I)(1) of this section, the court shall 9,162
206
order the public body that it enjoins to pay a civil forfeiture 9,163
of five hundred dollars to the party that sought the injunction 9,164
and shall award to that party all court costs and, subject to 9,165
reduction as described in division (I)(2) of this section, 9,167
reasonable attorney's fees. The court, in its discretion, may 9,168
reduce an award of attorney's fees to the party that sought the 9,169
injunction or not award attorney's fees to that party if the 9,170
court determines both of the following: 9,171
(i) That, based on the ordinary application of statutory 9,173
law and case law as it existed at the time of violation or 9,174
threatened violation that was the basis of the injunction, a 9,175
well-informed public body reasonably would believe that the 9,176
public body was not violating or threatening to violate this 9,177
section; 9,178
(ii) That a well-informed public body reasonably would 9,180
believe that the conduct or threatened conduct that was the basis 9,181
of the injunction would serve the public policy that underlies 9,182
the authority that is asserted as permitting that conduct or 9,183
threatened conduct. 9,184
(b) If the court of common pleas does not issue an 9,186
injunction pursuant to division (I)(1) of this section and the 9,187
court determines at that time that the bringing of the action was 9,188
frivolous conduct, as defined in division (A) of section 2323.51 9,189
of the Revised Code, the court shall award to the public body all 9,190
court costs and reasonable attorney's fees, as determined by the 9,191
court. 9,192
(3) Irreparable harm and prejudice to the party that 9,194
sought the injunction shall be conclusively and irrebuttably 9,195
presumed upon proof of a violation or threatened violation of 9,196
this section. 9,197
(4) A member of a public body who knowingly violates an 9,199
injunction issued pursuant to division (I)(1) of this section may 9,200
be removed from office by an action brought in the court of 9,201
common pleas for that purpose by the prosecuting attorney or the 9,202
207
attorney general. 9,203
(J)(1) Pursuant to division (C) of section 5901.09 of the 9,205
Revised Code, a veterans service commission shall hold an 9,206
executive session for one or more of the following purposes 9,207
unless an applicant requests a public hearing: 9,208
(a) Interviewing an applicant for financial assistance 9,210
under sections 5901.01 to 5901.15 of the Revised Code; 9,211
(b) Discussing applications, statements, and other 9,213
documents described in division (B) of section 5901.09 of the 9,214
Revised Code; 9,215
(c) Reviewing matters relating to an applicant's request 9,217
for financial assistance under sections 5901.01 to 5901.15 of the 9,218
Revised Code.
(2) A veterans service commission shall not exclude an 9,220
applicant for, recipient of, or former recipient of financial 9,221
assistance under sections 5901.01 to 5901.15 of the Revised Code, 9,222
and shall not exclude representatives selected by the applicant, 9,224
recipient, or former recipient, from a meeting that the
commission conducts as an executive session that pertains to the 9,225
applicant's, recipient's, or former recipient's application for 9,226
financial assistance.
(3) A veterans service commission shall vote on the grant 9,228
or denial of financial assistance under sections 5901.01 to 9,229
5901.15 of the Revised Code only in an open meeting of the 9,231
commission. The minutes of the meeting shall indicate the name, 9,232
address, and occupation of the applicant, whether the assistance 9,233
was granted or denied, the amount of the assistance if assistance 9,234
is granted, and the votes for and against the granting of 9,235
assistance.
Section 4. That the existing version of section 121.22 of 9,238
the Revised Code that is scheduled to take effect December 24, 9,239
2000, is hereby repealed. 9,240
Section 5. Sections 3 and 4 of this act shall take effect 9,242
December 24, 2000. 9,243
208
Section 6. That the versions of sections 3109.16 and 9,245
3109.18 of the Revised Code that are scheduled to take effect 9,246
January 1, 2001, be amended to read as follows: 9,247
Sec. 3109.16. The children's trust fund board, upon the 9,256
recommendation of the director of job and family services, shall 9,258
approve the employment of the staff that will administer the 9,259
programs of the board. The department of job and family services 9,260
shall provide budgetary, procurement, accounting, and other 9,262
related management functions for the board. An amount not to 9,263
exceed five THREE per cent of the total amount of fees deposited 9,264
in the children's trust fund in each fiscal year may be used for 9,265
costs directly related to these administrative functions of the 9,266
department. Each fiscal year, the board shall approve a budget 9,267
for administrative expenditures for the next fiscal year. 9,268
The board shall meet at the call of the chairperson to 9,270
conduct its official business. All business transactions of the 9,272
board shall be conducted in public meetings. Eight members of 9,274
the board constitute a quorum. A majority of the quorum is
required to approve the state plan for the allocation of funds 9,276
from the children's trust fund.
The board may apply for and accept federal and other funds 9,278
for the purpose of funding child abuse and child neglect 9,279
prevention programs. In addition, the board may accept gifts and 9,281
donations from any source, including individuals, philanthropic 9,283
foundations or organizations, corporations, or corporation 9,284
endowments. The acceptance and use of federal funds shall not 9,286
entail any commitment or pledge of state funds, nor obligate the 9,287
general assembly to continue the programs or activities for which 9,288
the federal funds are made available. All funds received in the 9,289
manner described in this section shall be transmitted to the 9,290
treasurer of state, who shall credit them to the children's trust 9,291
fund created in section 3109.14 of the Revised Code. 9,292
Sec. 3109.18. (A)(1) A board of county commissioners may 9,302
establish a child abuse and child neglect prevention advisory 9,303
209
board or may designate the county family and children first 9,305
council to serve as the child abuse and child neglect prevention 9,306
advisory board. The boards of county commissioners of two or 9,307
more contiguous counties may instead form a multicounty district
to be served by a child abuse and child neglect prevention 9,309
advisory board or may designate a regional family and children 9,310
first council to serve as the district child abuse and child 9,311
neglect prevention advisory board. Each advisory board shall 9,312
meet at least twice a year.
(2) The county auditor is hereby designated as the auditor 9,315
and fiscal officer of the advisory board. In the case of a 9,316
multicounty district, the boards of county commissioners that 9,317
formed the district shall designate the auditor of one of the 9,318
counties as the auditor and fiscal officer of the advisory board. 9,319
(B) Each county that establishes an advisory board or, in 9,321
a multicounty district, the county the auditor of which has been 9,322
designated as the auditor and fiscal agent of the advisory board, 9,324
shall establish a fund in the county treasury known as the county 9,325
or district children's trust fund. The advisory board shall 9,326
deposit all funds received from the children's trust fund board 9,327
into that fund, and the auditor shall distribute money from the 9,328
fund at the request of the advisory board. 9,329
(C) Each January, the board of county commissioners of a 9,331
county that has established an advisory board or, in a 9,332
multicounty district, the board of county commissioners of the
county the auditor of which has been designated as the auditor 9,333
and fiscal agent for the advisory board, shall appropriate the 9,334
amount described in division (B)(2) of section 3109.17 of the 9,335
Revised Code for distribution by the advisory board to child 9,337
abuse and child neglect prevention programs. 9,338
(D)(1) Except in the case of a county or regional family 9,341
and children first council that is designated to serve as a child 9,343
abuse and child neglect prevention advisory board, each advisory 9,344
board shall consist of an odd number of members from both the 9,347
210
public and private sectors, including all of the following: 9,349
(a) A representative of an agency responsible for the 9,351
administration of children's services in the county or district; 9,352
(b) A provider of alcohol or drug addiction services or a 9,354
representative of a board of alcohol, drug addiction, and mental 9,355
health services that serves the county or district; 9,357
(c) A provider of mental health services or a 9,359
representative of a board of alcohol, drug addiction, and mental 9,360
health services that serves the county or district; 9,361
(d) A representative of a board of mental retardation and 9,363
developmental disabilities that serves the county or district; 9,364
(e) A representative of the educational community 9,366
appointed by the superintendent of the school district with 9,367
largest enrollment in the county or multicounty district. 9,368
(2) The following groups and entities may be represented 9,370
on the advisory board: 9,371
(a) Parent groups; 9,373
(b) Juvenile justice officials; 9,375
(c) Pediatricians, health department nurses, and other 9,377
representatives of the medical community; 9,378
(d) School personnel; 9,380
(e) Counselors; 9,382
(f) Head start agencies; 9,384
(g) Child day-care providers; 9,386
(h) Other persons with demonstrated knowledge in programs 9,390
for children.
(3) Of the members first appointed, at least one shall 9,393
serve for a term of three years, at least one for a term of two 9,394
years, and at least one for a term of one year. Thereafter, each 9,395
member shall serve a term of three years. Each member shall
serve until the member's successor is appointed. All vacancies 9,397
on the board shall be filled for the balance of the unexpired 9,398
term in the same manner as the original appointment. 9,399
(E) Each board of county commissioners may incur 9,401
211
reasonable costs not to exceed three FIVE per cent of the block 9,402
grant allocated to the county or district under section 3109.17 9,404
of the Revised Code, for the purpose of carrying out the 9,405
functions of the advisory board. 9,406
(F) Each child abuse and child neglect prevention advisory 9,409
board shall do all of the following:
(1) Develop a comprehensive allocation plan for the 9,412
purpose of preventing child abuse and child neglect and submit 9,414
the plan to the children's trust fund board;
(2) Notify potential applicants about the availability of 9,417
funds from the children's trust fund; 9,418
(3) Review all applications received using any criteria 9,420
developed by the child abuse and child neglect prevention 9,422
advisory board;
(4) Consistent with the plan developed pursuant to 9,424
division (F)(1) of this section, make grants to child abuse and 9,425
child neglect prevention programs. In making grants to child 9,427
abuse and child neglect prevention programs, the advisory board 9,428
may consider factors such as need, geographic location, 9,429
diversity, coordination with or improvement of existing services, 9,430
maintenance of local funding efforts, and extensive use of 9,431
volunteers.
(5) Establish reporting requirements for grant recipients. 9,434
(G) Each advisory board shall assist the children's trust 9,437
fund board in monitoring programs that receive money from the 9,438
children's trust fund and shall perform such other duties for the 9,440
local administration of the children's trust fund as the 9,442
children's trust fund board requires.
(H) A recipient of a grant from the children's trust fund 9,444
shall use the grant funds only to fund child abuse and child 9,445
neglect prevention programs. Any grant funds that are not spent 9,447
by the recipient of the funds within the time specified by the 9,448
terms of the grant shall be returned to the county treasurer. 9,450
Any grant funds returned that are not redistributed by the 9,451
212
advisory board within the time specified by the terms of the 9,452
original grant shall be returned to the treasurer of state. The 9,453
treasurer of state shall deposit such unspent moneys into the 9,454
children's trust fund to be spent for purposes consistent with 9,455
the state plan adopted under section 3109.17 of the Revised Code. 9,456
(I) Applications for grants from the children's trust fund 9,458
shall be made to the advisory board on forms prescribed by the 9,459
department of job and family services. 9,460
(J)(1) Each recipient of a children's trust fund grant 9,462
from an advisory board shall file with the advisory board a copy 9,464
of an annual report that includes the information required by the 9,465
advisory board. 9,466
(2) Each advisory board shall file with the children's 9,468
trust fund board a copy of an annual report regarding the county 9,470
or district comprehensive allocation plan that contains the 9,471
information required by the children's trust fund board. 9,473
Section 7. That the existing versions of sections 3109.16 9,475
and 3109.18 of the Revised Code that are scheduled to take effect 9,476
January 1, 2001, are hereby repealed. 9,477
Section 8. Sections 6 and 7 of this act shall take effect 9,479
January 1, 2001. 9,480
Section 9. Section 5153.161 of the Revised Code is 9,482
presented in this act as a composite of that section as amended 9,484
by both Am. Sub. H.B. 215 and Sub. H.B. 408 of the 122nd General 9,485
Assembly, with the new language of neither of the acts shown in 9,487
capital letters. This is in recognition of the principle stated 9,488
in division (B) of section 1.52 of the Revised Code that such 9,489
amendments are to be harmonized where not substantively 9,490
irreconcilable and constitutes a legislative finding that such is 9,491
the resulting version in effect prior to the effective date of 9,492
this act.