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.