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.