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